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Traditionally, above-the-line creative has received the lion's share of the public's vitriol but, in April, two direct-mail pieces made it into the ASA's top 10 list of most complained about adverts during the last 12 months. A mailer for Channel Five's CSI:NY show, by agency 20:20 London, was in at number 10, while a piece from Damart made it in at number eight.

A direct-response campaign for LA Fitness by Kitcatt Nohr Alexander Shaw also received 75 complaints after its launch last month. When complaints about the CSI mail pack were upheld by the ASA, 20:20 was forced to give up two ±±¾©Èü³µpk10 Direct silver awards.

So is DM getting too risque? Clearly, the pressure is on as DM creatives walk a thin line. While making the most of going straight to the consumer, direct marketers must not offend them with the same directness. Lazar Dzamic, planning director at Underwired and author of the soon to be published book 'Shockvertising' says advertising "needs to scream so shrilly because we are more over-communicated to than ever before". Talking to Marketing Direct, he says there is no single line to define what will be found shocking in advertising and DM, but ignoring relevance, placement and current affairs, as well as going too far away from a country's prevailing culture, are all likely to cause offence.

Guidance on what above- and below-the-line creative can and cannot do is available from the Committee of Advertising Practice (CAP), which issues guidelines to the ASA and the Direct Marketing Association (see box). While these are general and open to interpretation, the ASA provides background briefings on difficult subjects on its website. CAP offers free copy advice for marketers, which can predict the likely acceptability of all non-broadcast marketing communications. If adverts do fall foul of regulators, copy must be changed, adverts can be banned and if they are misleading, they are referred to the OFT.

In some cases, an ASA's crackdown can boost a campaign's profile. Thanks to the fall out from nearly 200 complaints, many more people are aware of 20:20's work for Channel Five, with the packs even making it onto eBay.

For Peter Riley, executive creative director at the agency, it's "Catch 22 - you can't seem to be controversial," he says, "but you have to be receptive to it when it happens", adding that clients don't seek that kind of publicity.

For DM, the main consideration is appropriateness to the target market, and an awareness of the power of the medium. "Direct mail puts things directly into people's hands, and that's where you have to be careful with the creative and the targeting," says Chris Combemale, chairman of the DMA creative forum and creative director at Catchpole & Friends.

"There are things you can do with direct marketing that can shock people into action, but in a positive way, but you have to be careful who you're targeting."

Matters of taste and decency in creative may now be less of a 'line' and more of a minefield for direct marketers. The ASA is now taking more interest in BTL campaigns, making responsible targeting more important than ever.

CSI:NY

Agency/client: 20:20 London/Channel Five for CSI:NY

Number of complaints: 197

Summary of complaints: Most said the pack was "offensive and distressing".

Some recipients were minors.

What happened next: The pack was pulled and 20:20 returned two ±±¾©Èü³µpk10 Direct awards for the work after complaints to the ASA were upheld.

LA FITNESS

Agency/client: Kitcatt Nohr Alexander Shaw/LA Fitness

Number of complaints: 75

Summary of complaints: The campaign was branded "offensive, gratuitous, pornographic" and it "objectified women".

What happened next: The campaign was discussed by the ASA, which deemed it "unlikely to cause serious or widespread offence".

HELP THE AGED

Agency/client: Joshua/Help the Aged

Number of complaints: 2

Summary of complaints: The campaign was "offensive and distressing".

What happened next: The ASA did not uphold the complaints because they felt the envelope warned of the shocking content.

COMMITTEE OF ADVERTISING PRACTICE GUIDE

Decency

Marketing should contain nothing that is likely to cause serious or widespread offence.

- Marketers must consider public sensitivities before using potentially offensive material.

- If a product is offensive to some people it is not sufficient grounds to object it.

Fear and distress

- No marketing should cause fear or distress.

- Marketers may use an "appeal to fear" to encourage prudent behaviour or discourage dangerous or ill-advised actions.

Violence and anti-social behaviour

- Marketing should contain nothing that condones or provokes violence or anti-social behaviour.

Source: The British Code of Advertising, Sales Promotion and Direct Marketing.