Forbidden Branding

Summary

Under the Influence with Terry O’Reilly: Episode Summary – "Forbidden Branding"

In the February 22, 2025 episode of Under the Influence with Terry O'Reilly titled "Forbidden Branding," host Terry O'Reilly delves into the intriguing world of forbidden branding. Through historical anecdotes, contemporary case studies, and insightful analysis, Terry explores how certain elements become off-limits in marketing and advertising, the reasons behind these prohibitions, and the broader implications for brands navigating these restrictions.

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1. Introduction to Forbidden Branding

Terry O'Reilly opens the episode by setting the stage for an exploration of forbidden branding, emphasizing its prevalence across different cultures and eras. He establishes the concept by relating it to strategic thinking and the potential threat it poses to authority figures.

Terry O'Reilly [02:40]: "There are things in the world of marketing that are forbidden. It's illegal to use certain sounds... It all comes down to forbidden branding."

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2. Historical Perspective: The Bans on Chess

To illustrate the concept of forbidden branding, Terry takes listeners back in time to examine the recurrent bans on chess across various civilizations. He highlights that while chess is often perceived as a game of strategy and intelligence, its prohibition was rooted in political and societal fears.

• Persian and Islamic Bans: In the 8th and 9th centuries, Persia banned chess as it was deemed a form of gambling, contrary to Islamic Law. Chess sets were destroyed, and those caught with them faced severe punishments.

• Japan and Medieval Europe: Centuries later, Japan and medieval European societies, including the Catholic and Eastern Orthodox Churches, prohibited chess. The Catholic Church feared that clergy members engaging in chess were neglecting their religious duties, while the Eastern Orthodox Church saw the game as a distraction.

• Poland and France: The Polish king and France’s King Louis IX extended these bans, labeling chess as "useless and boring" and associating it with gambling and moral decay.

• Modern Bans: Terry also touches on more recent prohibitions, such as those under the Nazis, the Taliban, and Saudi Arabia, all citing reasons like promoting gambling or distracting individuals from religious practices.

Underlying Motive: Terry posits that the true reason behind these bans was not moral concerns but the recognition that chess fosters strategic thinking and planning—skills that could empower individuals to question and challenge authority.

Terry O'Reilly [09:15]: "Chess teaches strategic thinking and planning skills that could be used to challenge authority. Any game that promotes critical thinking was a threat to kings, dictators, and religious authorities."

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3. Misuse of the Emergency Alert System (EAS) Tone

Transitioning to contemporary issues, Terry examines the misuse of the Emergency Alert System (EAS) tone in media and advertising, particularly within the United States.

• Purpose of EAS: Originally designed to disseminate urgent information during national emergencies, the EAS tone serves as a clear and immediate alert signal to the public.

• Misapplications and Consequences:

  • Fox NFL Sunday (November 2021): Fox aired a comedic commercial that included three seconds of the EAS tone, resulting in a $504,000 fine from the FCC for falsely warning viewers.

  • Jimmy Kimmel Show (2019): The show was fined $395,000 for incorporating the EAS tone in a monologue mocking the Trump administration's alert system.

  • AMC’s The Walking Dead and Discovery Channel: Both networks faced fines of $104,000 and $68,000, respectively, for using the tone in non-emergency contexts.

  • Olympus Has Fallen Commercials (2014): Major networks like Viacom, Comcast, and Disney were collectively fined $1.9 million for airing a movie commercial that used the EAS tone, causing public panic.

Policy and Public Trust: Terry emphasizes that these fines, while substantial, are insufficient in deterring large networks from repeating violations. The core issue revolves around "alert fatigue," where overuse of the EAS tone may desensitize the public, undermining the effectiveness of genuine emergency alerts.

Terry O'Reilly [19:00]: "The use of the sound is prohibited to prevent people from becoming desensitized to something they should only hear in the most urgent and dire circumstances."

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4. The Delicate Use of National Anthems in Advertising

National anthems hold significant emotional and cultural weight, yet their use in commercials varies globally, reflecting differing societal norms and regulatory landscapes.

• Canada:

  • Lack of Strict Regulations: While there's no explicit prohibition, Canadian etiquette dictates respectful use, such as playing the anthem first in events involving multiple anthems.
  • Commercial Usage: Generally permitted but guided by unwritten norms of respect and appropriateness.

• United Arab Emirates (UAE):

  • Strict Prohibitions: A BMW commercial in Abu Dhabi that featured the national anthem was swiftly pulled after public backlash. The government and local entities deemed the portrayal disrespectful, leading to fines and corporate restructuring.

• Australia:

  • Controlled Permissions: Commercial use of the Australian national anthem requires explicit permission from the Prime Minister's Office and Cabinet. Restrictions include prohibiting modifications, parodies, or alternative lyrics.

• United States:

  • Case Study – Amnesty International (2022): Amnesty’s "Land of the Unfree" commercial utilized the "Star-Spangled Banner" to draw parallels between national identity and the right to choose, amassing 3.3 million views in 48 hours. This strategic use underscores the anthem’s powerful symbolic resonance in activism and branding.

Terry O'Reilly [22:30]: "National anthems are kind of sacred, so it's surprising that there are so few guardrails around the commercial use of them in so many countries."

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5. Winnie the Pooh: A Symbol of Resistance in China

Perhaps one of the most fascinating examples of forbidden branding, Terry explores the case of Winnie the Pooh in China—a beloved character turned symbol of political dissent.

• Origins of the Ban:

  • Comparisons with Xi Jinping (2013): Chinese social media users began drawing parallels between President Xi Jinping and Winnie the Pooh, notably in images juxtaposing the two leaders.

  • Escalation: Attempts to mimic these comparisons, such as scenes resembling political events, led authorities to crack down aggressively.

• Implementation of the Ban:

  • Censorship Tactics: Chinese platforms like WeChat block any content related to Winnie the Pooh, using error messages to deter users from accessing such material.

  • Extended Bans: The ban also extends to media portrayals, including the prohibition of films like Christopher Robin and even niche projects like the horror film Winnie the Blood and Honey (2023), which portrayed Pooh as a psychopath.

• Impact and Symbolism:

  • Resistance and Solidarity: Despite the bans, Winnie the Pooh remains a subtle tool of resistance among netizens, symbolizing dissent and opposition to authoritarian imagery.

  • Taiwan’s Stance: Contrastingly, Taiwan embraces Winnie the Pooh, emphasizing equality and rejecting the mainland’s censorship, thereby highlighting regional differences in political expression.

Terry O'Reilly [26:26]: "It's interesting that dictators and authoritarian leaders are so sensitive about their images. It might also explain why chess was forbidden throughout history."

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6. Conclusion: Implications for Modern Marketing and Branding

Terry O’Reilly wraps up the episode by reflecting on the lessons gleaned from these diverse examples of forbidden branding. He underscores the delicate balance brands must maintain between provocative messaging and respecting cultural or regulatory boundaries. The recurring theme highlights that forbidden elements in branding often carry significant symbolic weight, capable of influencing public perception and behavior in profound ways.

Terry O'Reilly [31:45]: "It might also explain why chess was forbidden throughout history. It leads to too much critical thinking when you're under the influence."

The episode serves as a compelling exploration of how societal norms, political climates, and regulatory frameworks shape the boundaries of effective and responsible branding. For marketers and advertisers, understanding these forbidden zones is crucial in crafting messages that resonate without crossing into contentious or prohibited territories.

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Notable Quotes

• Terry O'Reilly [09:15]: "Chess teaches strategic thinking and planning skills that could be used to challenge authority. Any game that promotes critical thinking was a threat to kings, dictators, and religious authorities."

• Terry O'Reilly [19:00]: "The use of the sound is prohibited to prevent people from becoming desensitized to something they should only hear in the most urgent and dire circumstances."

• Terry O'Reilly [22:30]: "National anthems are kind of sacred, so it's surprising that there are so few guardrails around the commercial use of them in so many countries."

• Terry O'Reilly [26:26]: "It's interesting that dictators and authoritarian leaders are so sensitive about their images. It might also explain why chess was forbidden throughout history."

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Final Thoughts

"Forbidden Branding" offers a thought-provoking analysis of the intersection between culture, politics, and marketing. By examining both historical and modern examples, Terry O'Reilly illuminates the complexities brands face when operating within or pushing against societal boundaries. This episode is a must-listen for marketers, advertisers, and anyone interested in the nuanced dynamics of influence and prohibition in branding strategies.

Transcript

[Terry O'Reilly]

Hi, it's Terry O'Reilly. You may know me as the host of under the Influence, but my passion is the Beatles and I'm hosting a new podcast series called the Beatleology Interviews. I get to talk to people who worked with the Beatles and loved the Beatles and people who write about the Beatles and their stories are surprising and so very interesting. The Beatleology Interviews give it a listen today.

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[Terry O'Reilly]

Captain, an unidentified ship is approaching.

[Captain]

Over. Roger, wait. Is that an enterprise sales solution?

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[Terry O'Reilly]

This is an Apostrophe podcast production. We're going to show you our big new Studebaker. Start the car. Mamma mia, that's a spicy meatball. What love doesn't conquer, Alka Seltzer will.

[Mint Mobile Representative]

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[Terry O'Reilly]

You'Re under the influence with Terry O'Reilly. Over the centuries, the game of chess has been banned over and over again. There was just something about the game that authorities didn't like. The first known bans on chess date back to the Islamic world. In the 8th and 9th centuries, chess was forbidden in Persia. While the game was gaining popularity, Egypt issued a decree banning the game in the year 1005. Chess was considered a form of gambling which was forbidden under Islamic Law, chess sets were burned and those found playing or even owning a chess set were beaten or imprisoned. A few decades after that, chess was banned in Japan. In medieval Europe, the Catholic Church forbid its clergy members from playing chess. Chess was banned by the Eastern Orthodox Church in Russia in 1093. In the late 12th century, the king of Poland banned the game. In the year 1254, a bishop in Paris excommunicated priests and forbid monks from playing the game, saying it distracted them from their religious duties. France's King Louis IX then extended the chess ban to the general public, saying chess was useless and boring and that it encouraged gambling. In 1291, the Archbishop of Canterbury banned chess in his congregation, threatening to put people on a diet of bread and water until they desisted from playing. In 1463, under the reign of Edward IV, chess was banned in England, citing moral sins. And if you think chess bans all happened in bygone centuries, think again. In the 1940s, the Nazis banned Jews from playing chess. Chess was banned in China during the cultural revolution between 1966 and 73. The police find street players there and searched houses for chess sets to burn in public squares. Iran banned chess after the 1979 Islamic Revolution, arguing that it encouraged gambling and inattention to the daily ritual of five prayers. The Taliban banned chess in the year 2001, stating the game made people miss their daily prayers and encouraged wagering. Saudi Arabia banned chess in 2016, saying the game was a time waster. As you can gather, chess was forbidden on moral grounds in most countries. That chess took people away from their religious duties and encouraged betting. But that probably wasn't the reason at all. Chess teaches strategic thinking and planning skills that could be used to challenge authority. And any game that promotes critical thinking was a threat to kings, dictators, wannabe dictators and religious authorities. Chess wasn't forbidden for fear of weakening morality. It was banned for fear of rebellion. There are things in the world of marketing that are forbidden. It's illegal to use certain sounds. For example, in some countries there are rules around using national anthems in commercials. And even Winnie the Pooh is forbidden in one country because it apparently makes fun of their leader. It all comes down to forbidden branding. You're under the influence. When the Cold War began in the 1950s, people feared that Russia would fire world war ending nuclear bombs at North America. So governments devised a radio system to alert the entire country to a pending disaster. Man made or natural. In 1951, the control of electromagnetic radiation system was implemented in the us. It allowed Air defense control centers to transmit a message to key radio stations around the country via special telephone lines. These American radio stations would alert smaller radio stations who would then begin broadcasting the civil defense messaging to the public. Interestingly, when the alert was sounded, all stations would then change their frequency to 6:40am or 12:40am this was done for two reasons. First, so listeners could find the messages quickly. And second, those specific frequencies supposedly made it difficult for enemy bombers to detect the source and use the radio stations as bombing targets. If you have an old radio kicking around made between 1953 and 1963, look at the tuning dial. You may see two small triangle logos beside the 640 and 12:40am tuning marks. They were there to help the public quickly find the emergency frequencies beginning in 53. Even car radios had these markings on the radio dials. This system was a bit unwieldy, so in 1963 it was replaced with the Emergency Broadcast System, now known as the Emergency Alert System or eas. When a national emergency happens, a tone is sent to a network of radio and TV stations followed by a message, and all radio and TV broadcasters are legally bound to pick it up. There is a separate but related tone for mobile phones. The tone is made up of two simultaneous notes. One is 853 Hz and the other is 960 Hz. Together they make up the jarring emergency tone we have all come to recognize. I would broadcast that tone right now to remind you what it sounds like, except for one it's illegal to do so. But that didn't stop Fox NFL Sunday from using the EAS tone in a commercial recently. Back in November of 2021, Fox aired a comedic commercial using 3 seconds of the EAS tone. It was an ad for an upcoming game aired as part of the Fox Sunday pre game show. The commercial reached 15 million people. The FCC was not amused and fined Fox $504,000 for using the emergency tone. The FCC said the fact it was a comedic commercial did not alter or neutralize its overall effect of falsely warning listeners and viewers of a non existent emergency. As the EAS tones were clearly audible and appropriated for a non emergency use. The $504,000 fine was for the willful violation of of the rules. There is a reason why it is forbidden to use the EAS tone in commercials or for any non emergency situations. It is not just the fact that it scares people in the moment. The use of the sound is prohibited to prevent people from becoming desensitized to something they should only hear in the most urgent and dire circumstances, the FCC has repeatedly made the rules clear. And you would think Fox would have taken note back in 2019 when the Jimmy Kimmel show was fined $395,000 for using the eas tone in Kimmel's monologue. Back in 2019, the Trump administration sent out a test message of a new emergency alert system that would allow the President to text Americans directly in specific circumstances. And because Trump was constantly tweeting, Kimmel decided to poke fun at the President and this new system and use the EAS tone during his monologue. As a result, the FCC fined Kimmel's network, ABC, a total of $395,000. But Kimmel wasn't the only one using the tone. In 2019, the AMC Network which aired the Walking Dead was fined $104,000 when a season nine episode used the emergency tone twice. And the Discovery channel was fined $68,000 for using the tone in an episode of Animal Planet's Lone Star Law series. Now, you would think that all these shows would have taken Note back in 2014 when three other networks were heavily fined when they ran commercials for the movie Olympus Has Fallen. Apparently, the commercial for the movie Olympus Has Fallen showed the White House blowing up. It flashed the words this is not a test and used the EAS tone. According to the reports from the fcc, the commercial made people panic, created some chaos, and even had people jumping out of bathtubs to race to their TV screens. The FCC fined Viacom, Comcast and Disney a total of $1.9 million for willfully and repeatedly violating federal law. All told, the offending commercial ran 159 times before the fine was levied. None of these three networks created the commercial. They were fined for airing the commercial. You would think the movie studio and the networks would have taken note a year earlier when TBS was fined for using the EAS tone in a commercial for Conan O'Brien's show. The Turner Broadcasting System or TBS was fined once in 2013, then again in January 2014 for using the emergency tone. The first violation was for a promo for the Conan O'Brien Show. While TBS maintained the emergency tone used in the ad Wasn't the actual EAS tone, the FCC concluded that simulating the EAS tone was also a violation. The FCC fined TBS $25,000 because the promo had reached 99 million households. The second fine was for a Best Buy commercial that used the emergency tone. The FCC fined TBS $200,000 for airing the ad. When we come back, we look at Canada's Emergency Alert System.

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[Terry O'Reilly]

Captain, an unidentified ship is approaching.

[Captain]

Over Roger, wait. Is that an enterprise sales solution?

[LinkedIn Ads Representative]

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[Ryan Reynolds]

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[Mint Mobile Representative]

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[Terry O'Reilly]

Interesting to note that Canada's emergency alert system is owned by a private company. The Ontario based company Palmerex owns Canada's alert ready software and operates it on behalf of the federal government. An independent advisor to governments on the design and delivery of public warning systems issued a concern in 2022, according to a news report on CBC. The advisor said that because the alert ready system is owned by a private company and not the government, it gave that private company a lot of power because Palmorex can choose how they want to handle the alerts, as well as when to do or not do any upgrades to the system. And because Palmerx is profit driven, it could say no to upgrades if it negatively affected their bottom line. The advisor also said it was very odd for Canada to put a private supplier in charge of something as important as an emergency warning system. Canada's alerts, according to commission documents, are now distributed simultaneously via television, radio, the Weather Network app and LTE devices such as smartphones, but only on 4G networks. At the time, the advisor noted that this was a significant problem because many older phones couldn't access 4G. He said the alerts should be available to 95% of the population, but Canada fell far short of that mark. When the first alert ready tests were done in 2018, only 35% of cell phones received them. PalmerX, a cable TV company based in Oakville, Ontario, is best known for running the Weather Network. Years ago, the company built the National Alert Aggregation and Dissemination system out of its own corporate budget. It continues to staff, fund and own it. Originally, the CRTC's decision to let Palmorx build and own the system was approved as a cost saving measure. PalmerX would absorb the infrastructure cost and in return the CRTC would compensate PolymerX by making the Weather network a must carry licence, meaning all cable TV subscribers in Canada would have to pay for the weather network. The revenue boost would therefore offset the costs of the alert system. On the Palmerx website it says the company has issued over 70,000 geo targeted alerts and warnings per year for the past decade. Here in Canada, as in the States, any companies using the forbidden alert tone will be heavily fined Every country has a national anthem, but is it legal or forbidden to use the national anthem in commercials? Well, that depends on what country you live in. In Canada, there doesn't seem to be any regulations about using the anthem for commercial purposes, but there is a written etiquette to begin with. There is no specific rule as to when it is appropriate to sing the national anthem at an event, and it is up to the organizers to determine if the anthem will be an instrumental or sung version. It is up to the organizers if the anthem is played at the beginning or at the end of an event. Etiquette says if two anthems are to be played on Canadian soil, then O Canada should be played first. But that doesn't seem to always be the case in sports. When anthems are played at the end of an event, O Canada should be played last. As a matter of respect, people should stand during the anthem. Hats do not have to be taken off. And interestingly, the Canadian Heritage Services website says audiences should not applaud after the playing of the anthem. Again, these are etiquette guidelines, not rules, and there is no copyright on O Canada. While Canada seems to be more relaxed on the use of the anthem, the same is not true in other countries. A BMW dealership in the capital of the United Arab Emirates had to pull a television commercial off the air in 2016. Abu Dhabi Motors had aired A commercial showing players from a local soccer team singing the national anthem at the start of the game, but breaking off halfway through and rushing out of the stadium to jump into some BMWs. Locals there immediately protested the use of the national anthem in the ad. An Arabic language hashtag saying Stop BMW ads began trending on Twitter as soon as the first ad aired and was retweeted over 700 times. People said the commercial was shameful and unacceptable. The owner of the team suspended its executive board and replaced it with a temporary committee. The owner himself tweeted, national symbols are an integral part of our collective identity and with our national anthem we preserve our values and protect our homeland. In Australia, it appears that commercial companies can use the national anthem, but the Commonwealth owns the copyright to the music and words. Therefore, a company has to seek permission to use the Australian national anthem for commercial purposes. Permission is granted at the discretion of the Prime Minister's Office and Cabinet and is subject to the following 1 the tune and words must not be modified, parodied or demeaned and two Alternative words cannot be substituted for the words of the national anthem. Otherwise, commercial use of the Australian anthem is forbidden. In 2022, Amnesty International created a commercial protesting the overturning of Roe v. Wade. The title of the ad was Land of the Unfree. Oh say can you see? As the commercial begins, we hear a rendition of the Star Spangled Banner. Type on the screen says USA Land of the Free. But as the anthem begins, the word free disappears. The commercial shows four different young women from different circumstances the moment they find out they are pregnant. Scenes of emotional distress and powerlessness unfold as the national anthem continues. Then, just as the Star Spangled Banner is about to end, we hear this in the sudden silence. Words on the screen say you're not free when you can't decide your own future. The video was released one hour after the Roe v. Wade verdict was announced. It also asked people to sign a petition protecting the right to a safe abortion in the U.S. amnesty International said the strategic use of the national anthem was the core of the idea, as the US Is known as the land of the free. Yet the freedom to choose was taken away from women in so many states. The ad received 3.3 million views in the first 48 hours and ran in 10 different countries. When we come back, why Winnie the Pooh is banned in China.

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[Ryan Reynolds]

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[Mint Mobile Representative]

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[Terry O'Reilly]

Gotta get up, gotta get going I'm gonna see a friend of mine he's round and he's fuzzy I love him because he's just Pooh Bear, Winnie the Pooh Bear Looking for fun, chasing some honey bees Pooh Bear I know he's out there in China. Censors there have actually banned Winnie the Pooh. It turns out that the Chinese name for Winnie the Pooh and images of the cute cartoon character are being blocked on social media sites because bloggers there have been saying that the Chinese president Xi Jinping looks like plump Winnie the Pooh. It all started back in 2013, when Chinese social media users began circulating pictures of Poo and his slender friend Tigger right next to a picture of Xi Jinping walking with US President Barack Obama. A year later, when a photograph of Xi awkwardly shaking hands with the Japanese prime minister appeared, people posted an image of Poo shaking the hoof of his donkey friend Eeyore. At first, authorities tried to erase the images online, then moved to ban them. A photo of Xi Jinping popping his head out of the roof of his limousine to inspect his troops, then triggered an online photo of a toy Winnie sticking his head out of a tiny car. It became China's most censored photo of the year, according to reports. Pretty much everyone in China uses the WeChat app so Chinese authorities can punch certain words or phrases into a blocking mechanism and shut down discussions of any given topic. China's ruling Communist Party is highly sensitive to comical depictions of its leader, and they don't want a slow witted bear to become an online euphemism for China's president. While WeChat is privately owned, China's tech giants must tow the party line there, and any online references to Little Bear, Winnie Poo's Chinese name, now turns up error messages saying the user cannot proceed because this content is illegal. In 2018, China banned the movie and movie trailers for Christopher Robin, the latest film adaptation of A. A. Milne's Winnie the Pooh story. Again, the image of Winnie the Pooh has become a symbol of resistance in China, and authorities not only object to online images of Pooh being compared to Xi Jinping, they weren't thrilled with a long form film of the bear with very little brain. In 2023, a gory micro budget horror film titled Winnie the Blood and Honey was also banned. In the British movie, Pooh is a murderous psychopath and the film has become something of an Internet sensation, exceeding all expectations at the box office, but Chinese authorities have forbidden it as the crop top wearing pantless bear is seen to undermine the President and he doesn't like it. Although Taiwan's government has happily allowed all Winnie the Pooh films to be screened nationwide, saying make no mistake, all bears are created equal in Taiwan. It's interesting that so many companies have been fined for using the EAS tone in their commercials and programming, and there are many more than just the ones I mentioned today. Clearly the fines aren't big enough. A $500,000 fine to a giant television network is a rounding error, and smaller fines are even more forgettable. But the FCC has a right to worry about alert fatigue. If the public gets too used to hearing the emergency tone, it just might ignore it when an urgent situation occurs. It does seem odd that Canada's alert system is owned by a private company for all the reasons stated in the advisors report. Other countries like Australia and the US have government run alert systems. National anthems are kind of sacred, so it's surprising that there are so few guardrails around the commercial use of them in so many countries. Also interesting that dictators and authoritarian leaders are so sensitive about their images. It might also explain why chess was forbidden throughout history. It leads to too much critical thinking when you're under the influence. I'm Terry O'Reilly. This episode was recorded in the Terrastream Mobile recording studio. Producer Debbie O'Reilly Chief Sound Engineer Jeff Devine Research Patrick James Aslan under the Influence Theme by Casey Pick, Jeremiah Pick and James Atten Godden. Tunes provided by APM Music and let's Be Social. Follow me at Terry oinfluence this podcast is powered by acast. See you next week.

[Mint Mobile Representative]

Fun Fact Hi, this is Naomi from Victoria O Canada wasn't officially adopted as Canada's national anthem until 6-27-19.

[Captain]

Race the Rudders. Race the sails. Race the sails.

[Terry O'Reilly]

Captain, an unidentified ship is approaching.

[Captain]

Over. Roger, wait. Is that an enterprise sales solution?

[LinkedIn Ads Representative]

Reach sales professionals, not professional sailors. With LinkedIn ads, you can target the right people by industry, job title and more. We'll even give you a $100 credit on your next campaign. Get started today at LinkedIn.com results terms and conditions apply.

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[Terry O'Reilly]

Com.