Forbidden Branding

Forbidden Branding

Released Saturday, 22nd February 2025
Good episode? Give it some love!
Forbidden Branding

Forbidden Branding

Forbidden Branding

Forbidden Branding

Saturday, 22nd February 2025
Good episode? Give it some love!
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Episode Transcript

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0:01

Hi, it's Terry O'Reilly. You may know

0:03

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0:06

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at linkedin.com. This is an

2:03

apostrophe

2:07

podcast

2:10

production. We're

2:13

going to

2:16

show you

2:19

our big

2:22

news to

2:25

the baker.

2:28

Over the

2:31

centuries, the

2:33

game of

2:36

chess has

2:38

been banned

2:40

over and

2:43

over again.

2:45

You're under

2:49

the influence

2:53

of Terry O'Reilly.

2:55

There was just

2:57

something about the

2:59

game that authorities

3:01

didn't like. The first known bans

3:03

on chess date back to the

3:05

Islamic world. In the 8th and

3:08

9th centuries, chess was forbidden in

3:10

Persia. While the game was gaining

3:12

popularity, Egypt issued a decree

3:14

banning the game in the

3:16

year 1005. chess was considered

3:19

a form of gambling which

3:21

was forbidden under Islamic law.

3:23

Chess sets were burned and those

3:26

found playing. or even owning a

3:28

chess set, were beaten or

3:31

imprisoned. A few decades after

3:33

that, chess was banned in

3:35

Japan. In medieval Europe,

3:37

the Catholic Church forbid

3:40

its clergy members from

3:42

playing chess. Chess was

3:44

banned by the Eastern Orthodox

3:46

Church in Russia in 1093.

3:49

In the late 12th century,

3:51

the King of Poland banned

3:53

the game. In the year

3:55

1254, a bishop in

3:58

Paris excommunicated priests and

4:00

forbid monks from playing the

4:02

game, saying it distracted them

4:05

from their religious duties. Francis

4:07

King Louis IX then extended

4:10

the chess ban to the

4:12

general public, saying chess was

4:15

useless and boring, and that

4:17

it encouraged gambling. In 1291,

4:20

the Archbishop of Canterbury banned

4:22

chess in his congregation, threatening

4:25

to put people on a

4:27

diet of bread and water

4:29

until they desisted from playing.

4:32

In 1463, under the reign

4:34

of Edward IV, chess was

4:37

banned in England, citing moral

4:39

sins. And if you think

4:42

chess bands all happened in

4:44

bygone centuries, think again. In

4:47

the 1940s, the Nazis banned

4:49

Jews from playing chess. chess

4:52

was banned in China during

4:54

the Cultural Revolution between 1966.

4:57

The police find street players

4:59

there and searched houses for

5:02

chess sets to burn in

5:04

public squares. Iran banned chess

5:07

after the 1979 Islamic Revolution,

5:09

arguing that it encouraged gambling

5:12

and inattention to the daily

5:14

ritual of five prayers. The

5:16

Taliban banned chess in the

5:19

year 2001, stating the game

5:21

made people miss their daily

5:24

prayers and encouraged wagering. Saudi

5:26

Arabia banned chess in 2016,

5:29

saying the game was a

5:31

time waster. As you can

5:34

gather chess was forbidden on

5:36

moral grounds in most countries.

5:39

That chess took people away

5:41

from their religious duties and

5:44

encouraged betting. But that probably

5:46

wasn't the reason at all.

5:49

Chess teaches strategic thinking and

5:51

planning. Skills that could be

5:54

used to challenge authority. And

5:56

any game that promotes critical

5:59

thinking was a threat to

6:01

kings dictating. dictators, wannabe dictators,

6:03

and religious authorities.

6:06

Chess wasn't forbidden

6:08

for fear of weakening

6:10

morality. It was

6:13

banned for fear of

6:15

rebellion. There are things

6:17

in the world of

6:19

marketing that are forbidden.

6:21

It's illegal to use

6:24

certain sounds for

6:26

example. In some countries,

6:29

there are rules around

6:31

using national anthems in

6:34

commercials. And even Winnie

6:36

the Pooh is forbidden

6:39

in one country because

6:41

it apparently makes

6:44

fun of their leader.

6:46

It all comes down

6:48

to forbidden branding. When

6:58

the Cold War began in

7:01

the 1950s, people feared that

7:03

Russia would fire world-ending nuclear

7:05

bombs at North America. So

7:07

governments devised a radio

7:09

system to alert the

7:11

entire country to a pending

7:14

disaster, man-made or natural. In

7:16

1951, the control of

7:19

electromagnetic radiation system was

7:21

implemented in the US.

7:23

It allowed air defense control

7:25

centers to transmit a message

7:27

to key radio stations around

7:30

the country via special telephone

7:32

lines. These American radio stations

7:35

would alert smaller radio

7:37

stations who would then

7:39

begin broadcasting the civil

7:41

defense messaging to the

7:43

public. Interestingly, when the alert

7:45

was sounded, all stations would

7:48

then change their frequency

7:50

to 640 AM or 1240 AM. This was

7:52

done for two reasons. First, so

7:54

listeners could find the messages

7:56

quickly. And second, those specific

7:59

frequent... supposedly made

8:01

it difficult for enemy

8:03

bombers to detect the

8:05

source and use the

8:08

radio stations as bombing targets.

8:10

If you have an old

8:12

radio kicking around, maybe

8:15

between 1953 and 1963,

8:17

look at the tuning dial. You

8:19

may see two small triangle

8:22

logos beside the 640 and

8:24

1240 AM tuning marks. They

8:26

were there to help the

8:28

public quickly find the emergency

8:31

frequencies. Beginning in

8:33

53, even car radios had

8:35

these markings on their radio

8:38

dials. This system was a

8:40

bit unwieldly, so in 1963,

8:42

it was replaced with the

8:45

Emergency Broadcast System, now

8:47

known as the Emergency

8:49

Alert System, or EAS. When

8:51

a national emergency happens, a

8:54

tone is sent to

8:56

a network of radio

8:58

and TV stations, followed

9:00

by a message. And all

9:02

radio and TV broadcasters

9:05

are legally bound to pick it

9:07

up. There is a separate

9:09

but related tone for mobile

9:12

phones. The tone is made up of

9:14

two simultaneous notes.

9:16

One is 853hertz, and

9:18

the other is 960hertz.

9:20

Together, they make up the

9:23

jarring emergency tone we have all

9:25

come to recognize. I would broadcast

9:27

that tone right now to remind

9:30

you what it sounds like, except

9:32

for one thing. It's illegal

9:34

to do so. But that didn't stop

9:37

Fox-NFL Sunday from using the

9:39

EAS tone in a commercial

9:42

recently. Back

9:50

in November of 2021 Fox

9:52

aired a comedic commercial using

9:54

three seconds of the EAS

9:56

tone. It was an ad for

9:58

an upcoming game. aired as

10:00

part of the Fox Sunday

10:02

pre-game show. The commercial reached 15

10:05

million people. The FCC

10:07

was not amused and fined

10:09

$ 504,000 for using the

10:11

emergency tone. The FCC said

10:13

the fact it was a comedic

10:16

commercial did not alter

10:18

or neutralize its overall

10:20

effect of falsely warning

10:22

listeners and viewers of

10:25

a non-existent emergency. as the

10:27

EAS tones were clearly

10:29

audible and appropriated for

10:32

a non-emergency use.

10:34

$ 504,000 fine was for

10:37

the willful violation of the

10:39

rules. There is a reason

10:41

why it is forbidden to

10:43

use the EAS tone in

10:46

commercials or for any

10:48

non-emergency situations. It is

10:51

not just the fact that

10:53

it scares people in the

10:55

moment. The use of the sound

10:58

is prohibited to prevent people

11:00

from becoming desensitized to something

11:03

they should only hear in

11:05

the most urgent and dire

11:07

circumstances. The FCC has

11:10

repeatedly made the rules clear.

11:12

And you would think Fox would

11:15

have taken note back in 2019,

11:17

when the Jimmy Kimmel show

11:19

was fined $395,000 for using the

11:21

EAS tone in Kimmel's monologue. Back

11:26

in 2019, the Trump administration

11:28

sent out a test message

11:30

of a new emergency alert

11:33

system that would allow the

11:35

president to text Americans directly

11:37

in specific circumstances. And because

11:39

Trump was constantly tweeting,

11:42

Kimmel decided to poke fun at

11:44

the president and this new system

11:46

and used the EAS tone during his

11:49

monologue. As a result,

11:51

the FCC fined Kimmel's network

11:53

ABC a total of $395,000.

11:55

But Kimmel wasn't the only

11:58

one using the toll. in

12:00

2019. The AMC network, which

12:02

aired The Walking Dead, was

12:05

fined $104,000 when a season

12:07

9 episode used the emergency

12:09

tone twice. And the Discovery

12:12

Channel was fined $68,000 for

12:14

using the tone in an

12:17

episode of Animal Planet's Lone

12:19

Star Law series. Now, you

12:21

would think that all these

12:24

shows would have taken note

12:26

back in 2014 when three

12:29

other networks were heavily fine

12:31

when they ran commercials for

12:33

the movie Olympus has fallen.

12:36

Apparently, the commercial for the

12:38

movie Olympus has fallen showed

12:41

the White House blowing up.

12:43

It flashed the words, this

12:45

is not a test and

12:48

used the EAS tone. According

12:50

to the reports from the

12:53

FCC, the commercial made people

12:55

panic, created some chaos. and

12:57

even had people jumping out

13:00

of bathtubs to race to

13:02

their TV screens. The FCC

13:05

fine via Com, Comcast, and

13:07

Disney a total of $1.9

13:09

million for willfully and repeatedly

13:12

violating federal law. All told,

13:14

the offending commercial ran 159

13:17

times before the fine was

13:19

levied. None of these three

13:21

networks created the commercial. they

13:24

were fined for airing the

13:26

commercial. You would think the

13:29

movie studio and the networks

13:31

would have taken note a

13:33

year earlier when TBS was

13:36

fined for using the EAS

13:38

tone in a commercial for

13:41

Conan O'Brien's show. The

13:45

Turner Broadcasting System, or

13:47

TBS, was fined once

13:49

in 2013, then again

13:51

in January 2014 for

13:53

using the emergency tone.

13:55

The first violation was

13:57

for a promo for

13:59

the Conan O'Brien show.

14:02

While TBS maintained the

14:04

emergency tone used in

14:06

the ad wasn't the

14:08

actual EAS tone, the

14:10

FCC concluded that simulating

14:12

the EAS tone was

14:14

also a violation. The

14:16

FCC fined TBS $25,000

14:18

because the promo had

14:20

reached 99 million households.

14:22

The second fine was

14:24

for a Best Buy

14:26

commercial that used the

14:28

emergency tone. The FCC

14:30

fined TBS $200,000 for

14:32

airing the ad. When

14:34

we come back, we

14:36

look at Canada's emergency

14:38

alert system. Welcome

14:42

friends to the Playful Scratch from the

14:45

California Lottery. We've got a special guest

14:47

today, The Scratchers Scratch Master himself, Juan.

14:49

Juan, you've mastered seven hundred and thirteen

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playful ways to scratch. Impressive! How'd you

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do it? Well, I began with a

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coin, then tried a guitar pick. I

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even used a cactus once. I can

15:01

scratch with anything. Even this mic right

15:03

here. See? See? Well there you have

15:06

it. Scratchers are fun, no matter how

15:08

you scratch, no matter how you scratch,

15:10

how you scratch player claim. Interesting

16:28

to note that Canada's emergency

16:30

alert system is owned by

16:32

a private company. The Ontario-based

16:34

company Palmer X owns Canada's

16:36

Alert-ready software and operates it

16:38

on behalf of the federal

16:41

government. An independent advisor to

16:43

governments on the design and

16:45

delivery of public warning systems

16:47

issued a concern in 2022.

16:49

According to a news report

16:51

on CBC, The advisor said

16:53

that because the alert-ready system

16:55

is owned by a private

16:58

company and not the government,

17:00

it gave that private company

17:02

a lot of power, because

17:04

Palmer X can choose how

17:06

they want to handle the

17:08

alerts as well as when

17:10

to do or not do

17:12

any upgrades to the system.

17:14

And because Palmer X is

17:17

profit-driven, it could say no

17:19

to upgrades if it negatively

17:21

affected their bottom line. The

17:24

advisor also said it was

17:26

very odd for Canada to

17:29

put a private supplier in

17:31

charge of something as important

17:33

as an emergency warning system.

17:35

Canada's alerts, according to commission

17:38

documents, are now distributed simultaneously

17:40

via television, radio, the weather

17:42

network app, and LTE devices

17:44

such as smartphones, but only

17:47

on 4G networks at the

17:49

time. The advisor noted that

17:51

this was a significant problem

17:53

because many older phones couldn't

17:55

access for G. He said

17:58

the alerts should be available

18:00

to 95% of the... population,

18:02

but Canada fell far short

18:04

of that mark. When the

18:07

first alert-ready tests were done

18:09

in 2018, only 35% of

18:11

cell phones received them. Palmerex,

18:13

a cable TV company based

18:15

in Oakville, Ontario, is best

18:18

known for running the weather

18:20

network. Years ago, the company

18:22

built the National Alert Aggregation

18:24

and Dissemination System out of

18:27

its own corporate budget. It

18:29

continues to staff fund and

18:31

own it. Originally, the CRTC's

18:33

decision to let Palmorex build

18:36

and own the system was

18:38

approved as a cost-saving measure.

18:40

Palmerx would absorb the infrastructure

18:42

cost and in return, the

18:44

CRTC would compensate Palmerx by

18:47

making the weather network a

18:49

must-carry license, meaning all cable

18:51

TV subscribers in Canada would

18:53

have to pay for the

18:56

weather network. The revenue boost

18:58

would therefore offset the costs

19:00

of the alert system. On

19:02

the Palmer X website, it

19:04

says the company has issued

19:07

over 70,000 geo-targeted alerts and

19:09

warnings per year for the

19:11

past decade. Here in Canada,

19:13

as in the states, any

19:16

companies using the forbidden alert

19:18

tone will be heavily fined.

19:27

Every country has a national anthem.

19:29

But is it legal or forbidden

19:32

to use the national anthem in

19:34

commercials? Well, that depends on what

19:36

country you live in. In Canada,

19:39

there doesn't seem to be any

19:41

regulations about using the anthem for

19:43

commercial purposes. But there is a

19:46

written etiquette. To begin with, there

19:48

is no specific rule as to

19:50

when it is appropriate to sing

19:53

the national anthem at an event.

19:55

And it is up to the

19:57

organizers to determine if the anthem

20:00

will be... instrumental or sung version.

20:02

It is up to the organizers

20:04

if the anthem is played at

20:07

the beginning or at the end

20:09

of an event. etiquette says if

20:11

two anthems are to be played

20:13

on Canadian soil then O Canada

20:16

should be played first but

20:18

that doesn't seem to always be

20:21

the case in sports. When anthems

20:23

are played at the end of

20:25

an event O Canada should be

20:28

played last. As a matter of

20:30

respect, people should stand

20:32

during the anthem. Hats do

20:34

not have to be

20:36

taken off, and interestingly,

20:38

the Canadian Heritage Services

20:40

website says audiences should

20:43

not applaud after the

20:45

playing of the anthem. Again,

20:47

these are etiquette guidelines, not

20:49

rules. And there is no

20:51

copyright on O Canada. While

20:53

Canada seems to be more relaxed

20:56

on the use of the anthem,

20:58

The same is not true in

21:00

other countries. A BMW dealership in

21:02

the capital of the United Arab

21:05

Emirates had to pull a television

21:07

commercial off the air in 2016.

21:09

Abu Dhabi Motors had aired a

21:11

commercial showing players from a local

21:14

soccer team singing the national anthem

21:16

at the start of the game,

21:18

but breaking off halfway through

21:21

and rushing out of the

21:23

stadium to jump into some

21:25

BMWs. Locals there immediately protested

21:27

the use of the national

21:29

anthem in the ad. An

21:32

Arabic language hashtag saying stop

21:34

BMW ads began trending

21:36

on Twitter as soon

21:38

as the first ad

21:40

aired and was retweeted

21:42

over 700 times. People

21:44

said the commercial was

21:47

shameful and unacceptable.

21:49

The owner of the team suspended

21:51

its executive board and replaced

21:53

it with a temporary committee

21:56

The owner himself tweeted quote

21:58

national symbols are integral

22:00

part of our collective identity.

22:03

And with our national anthem,

22:05

we preserve our values and

22:07

protect our homeland. In Australia,

22:10

it appears that commercial companies

22:12

can use the national anthem,

22:14

but the Commonwealth owns the

22:16

copyright to the music and

22:19

words. Therefore, a company has

22:21

to seek permission to use

22:23

the Australian national anthem for

22:25

commercial purposes. Permission is granted

22:28

at the discretion of the

22:30

Prime Minister's office and cabinet

22:32

and is subject to the

22:35

following conditions. One, the tune

22:37

and words must not be

22:39

modified, parodied or demeaned, and

22:41

two, alternative words cannot be

22:44

substituted for the words of

22:46

the national anthem. Otherwise, commercial

22:48

use of the Australian anthem

22:51

is forbidden. In

22:58

2022 Amnesty International created

23:01

a commercial protesting the

23:03

overturning of Roe v.

23:05

Wade. The title of

23:08

the ad was Land

23:10

of the Unfree. Oh,

23:12

say, can you see?

23:15

As the commercial begins,

23:17

we hear a rendition

23:19

of the star-spangled banner.

23:21

Type on the screen

23:24

says, Land of the

23:26

Free. But as

23:28

the anthem begins, the

23:31

word free disappears. The

23:33

commercial shows four different

23:36

young women from different

23:38

circumstances. The moment they

23:41

find out they are

23:43

pregnant. Scenes of emotional

23:46

distress and powerlessness unfold

23:48

as the national anthem

23:51

continues. Then, just as

23:53

the star-spangled banner is

23:56

about... We hear this.

24:00

In the sudden silence, words

24:02

on the screen say, you're

24:04

not free when you can't

24:06

decide your own future. The

24:08

video was released one hour

24:11

after the Roe v. Wade

24:13

verdict was announced. It also

24:15

asked people to sign a

24:17

petition protecting the right to

24:19

a safe abortion in the

24:22

US. Amnesty International said the

24:24

strategic use of the national

24:26

anthem was the core of

24:28

the idea. as the US

24:30

is known as the land

24:33

of the free, yet the

24:35

freedom to choose was taken

24:37

away from women in so

24:39

many states. The ad received

24:41

3.3 million views in the

24:44

first 48 hours and ran

24:46

in 10 different countries. When

24:48

we come back, why Winnie

24:50

the Pooh is banned in

24:52

China. Your

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Blue nile.com. At

28:00

first authorities tried to erase

28:02

the images online, then moved

28:04

to ban them. A photo

28:06

of Xi Jin Ping popping

28:09

his head out of the

28:11

roof of his limousine to

28:13

inspect his troops, then triggered

28:15

an online photo of a

28:17

toy whiny sticking his head

28:19

out of a tiny car.

28:22

It became China's most censored

28:24

photo of the year. According

28:26

to reports, pretty much everyone

28:29

in China uses the Wii

28:31

Chat app, so Chinese authorities

28:33

can punch certain words or

28:36

phrases into a blocking mechanism

28:38

and shut down discussions of

28:40

any given topic. China's ruling

28:43

Communist Party is highly sensitive

28:45

to comical depictions of its

28:47

leader, and they don't want

28:50

a slow-witted bear to become

28:52

an online euphemism for China's

28:54

president. While We Chat is

28:57

privately owned, China's tech giants

28:59

must tow the party line

29:01

there. And any online references

29:04

to Little Bear Winnie, Poo's

29:06

Chinese name, now turns up

29:08

error messages saying the user

29:11

cannot proceed because this content

29:13

is illegal. In 2018, China

29:15

banned the movie and movie

29:18

trailers for Christopher Robin. the

29:20

latest film adaptation of A.A.

29:22

Milne's Winnie the Pooh story.

29:25

Again, the image of Winnie

29:27

the Pooh has become a

29:29

symbol of resistance in China,

29:32

and authorities not only object

29:34

to online images of Pooh

29:36

being compared to Xi Jin

29:39

Ping, they weren't thrilled with

29:41

a long-form film of the

29:43

bear with very little brain.

29:46

In 2023, a gory microbudget

29:48

horror film titled Winnie the

29:50

Pooh Blood and Honey was

29:53

also banned. In the British

29:55

movie, Poo is a murderous

29:57

psychopath, and the film has

30:00

become something of an internet

30:02

sensation. exceeding all expectations at

30:04

the box office. But Chinese

30:07

authorities have forbidden it, as

30:09

the crop-top wearing pantless bear

30:11

is seen to undermine the

30:14

president, and he doesn't like

30:16

it. Although Taiwan's government has

30:18

happily allowed all Winnie the

30:21

Poof films to be screened

30:23

nationwide, saying, make no mistake,

30:25

all bears are created equal

30:28

in Taiwan. It's

30:36

interesting that so many companies

30:38

have been fined for using

30:41

the EAS tone in their

30:43

commercials and programming. And there

30:45

are many more than just

30:47

the ones I mentioned today.

30:49

Clearly, the fines aren't big

30:52

enough. A $500,000 fine to

30:54

a giant television network is

30:56

a rounding error. And smaller

30:58

fines are even more forgettable.

31:00

But the FCC has a

31:03

right to worry about alert

31:05

fatigue. If the public gets

31:07

too used to hearing the

31:09

emergency tone, it just might

31:11

ignore it when an urgent

31:14

situation occurs. It does seem

31:16

odd that Canada's alert system

31:18

is owned by a private

31:20

company for all the reasons

31:22

stated in the Advisor's report.

31:25

Other countries like Australia and

31:27

the US have government-run alert

31:29

systems. National anthems are kind

31:31

of sacred. So it's surprising

31:33

that there are so few

31:36

guardrails around the commercial use

31:38

of them in so many

31:40

countries. Also interesting that dictators

31:42

and authoritarian leaders are so

31:44

sensitive about their images. It

31:47

might also explain why chess

31:49

was forbidden throughout history. It

31:51

leads to too much critical

31:53

thinking. When you're under the

31:55

influence. I'm Terry O'Reilly. This

32:07

episode was recorded in

32:10

the Terstream Mobile Recording

32:12

Studio, producer Debbie O'Reilly,

32:14

chief sound engineer Jeff

32:17

Devine, research Patrick James

32:19

Aslam, under the influence theme

32:21

by Casey Pick, Jeremiah Pick,

32:23

and James Atten Gauden.

32:25

Tunes provided by APM

32:27

Music, and let's be social. Follow

32:30

me at Terry O Influence.

32:32

This podcast is powered by

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ACAST. See you next week. Hi,

32:36

this is Naomi from

32:38

Victoria. Oh, Canada wasn't

32:40

officially adopted as Canada's

32:42

national anthem until June

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