ASA Adjudication on Universal Music UK Ltd

Ad

An ad for the CD Clubland 11 showed images of night clubs and beach scenes interspersed with young holiday makers talking directly to camera in the Clubland camper van. The voice-over stated "Clubland 11 is finally here, 42 massive new tracks ... so what are your Clubland confessions?" A young woman said "Morning, woke up, did not have a clue what his name was." A young man said "Snogged her last night " and pointed at the young woman sitting next to him. His friend countered "I snogged her last night." A young man said "I've been here for six weeks and I've been with 39 girls and she's the 40th." A young woman said "We actually flash to get free drinks, no problem, nothing".

Issue

1. A viewer complained that the ad was potentially harmful because it could encourage promiscuity among young people.

2. The ASA challenged whether the ad encouraged immoderate drinking and linked alcohol with sexual activity and success.

BCAP TV Code

BCAP TV Scheduling Code

Response

Universal Music Operations (Universal) said they were no longer using the ad and would only use their Broadcast Advertising Clearance Centre (BACC) approved ad in future advertising for the Clubland albums.

1. Hits TV said they did not believe the ad contained anti-social or dangerous behaviour and merely portrayed a light-hearted vision of the holiday experience of their 16- to 34-year-old audience.

2. Hits TV said there was no mention or imagery of an alcoholic product in the ad. They maintained that the behaviour shown was associated with an easy going, youth holiday environment rather than a drinking culture. In relation to the line "we actually flash to get free drinks" they said the drinks were not noted as alcoholic beverages, the woman was not claiming sexual success and there was no reference to exactly what was flashed.  They said they had withdrawn the ad pending the outcome of the ASA's investigation.

Assessment

1.  Upheld

We noted Hits TV's assertion that the ad was a light-hearted vision of the holiday experience of their 16- to 34-year-old audience. However,  we also noted that the ad had been broadcast at times when a high proportion of children were likely to be watching the channel. Because the confessions "Morning, woke up, did not have a clue what his name was" and "I've been with 39 girls and she's the 40th" appeared to condone a type of behaviour that could potentially cause children social, moral or physical harm, we concluded that the ad should not be shown when children were likely to be watching.

On this point the ad breached CAP (Broadcast) TV Advertising Standards Code rules 7.4.1 and 7.4.2 (Harm to children), 7.4.7 (Scheduling of TV ads) and CAP (Broadcast) Rules on the Scheduling of TV Advertisements 4.2.3 (Treatments unsuitable for children).

2. Upheld

The ASA noted Hits TV's assertion that the ad did not mention alcohol explicitly or show alcohol being consumed. However, we considered that immoderate drinking was strongly implied throughout the ad by the blurred and dizzy treatment of the nightclub scenes and the "clubland confessions" made to camera. We considered that the phrase "Morning, woke up, did not have a clue what his name was" referred to behaviour typically associated with immoderate drinking and linked alcohol to sexual activity and success. We considered that the phrase "We actually flash to get free drinks, no problem ... " would be understood by viewers to refer to alcoholic drinks, and encouraged immoderate drinking.  

On this point the ad breached CAP (Broadcast) TV Advertising Standards Code rules 11.8.1(c) and 11.8.1 (g) (Alcoholic drinks).   

Action

We told the advertiser not to repeat the ad.

Adjudication of the ASA Council (Broadcast)