ASA Adjudication on BMW (GB) Ltd

Ad

A national press ad for BMW showed a photograph of the front of a car; the car's headlights seemed to be flashing and the text "MOVE OVER PLEASE" appeared in reverse on the windscreen. Text in the body copy stated "Introducing BMW Instant Messaging. The car you drive says a lot about you. And, thanks to Instant Messaging, the car that undoubtedly says the most is a BMW. The system uses Reactive User Sound Electronic (RUSE) particles which are embedded in the windscreen. All the driver has to do is say what's on their mind and the RUSE particles react to their voice to translate their words into an instant message. It enables BMW drivers to communicate advice, warnings, helpful driving tips and salutations to other road users without even lifting a finger. Instant Messaging launches today ... but Dr Hans Fre (BMW's Head of Photo Reactive Aural Telecommunications/PRAT) predicts that such a useful tool will soon be standard across the range … To hear more about BMW RUSE technology call 0800 XXX XXX".

Issue

The complainant, who acknowledged that the ad was intended to be a joke, believed its image and sentiment, including the reference to "lifting a finger", condoned aggressive driving and encouraged anti-social behaviour.

CAP Code (Edition 11)

Response

BMW explained that they had used April Fool's Day to engage with their customers in a light-hearted way for the past 20 years.  They pointed out that, in previous ads, they played on their reputation for innovation in motoring by featuring new spoof technologies that provided solutions to topical driving issues.  They said examples of previous themes were European Union (EU) legislation, left-hand/right-hand driving in the UK and abroad and the prevalence of speed cameras.  They submitted examples of previous years' April Fools Day ads.  They explained that, this year, they had used the current topics of hands-free technologies and instant messaging and imagined how those innovations could be used to assist driver communication.  

BMW believed readers would understand that the featured technology was a joke and explained that the message they had intended to convey was twofold: BMW was a pioneer in motoring innovation and the BMW brand had a light-hearted, human edge.  They said, in order to ensure that the meaning was apparent, they clearly signposted the joke as the copy developed.  They argued that references to "RUSE" technology and "Dr Hans Fre" ensured that the reader was left in no doubt that neither the technology nor the ad were serious.  They added that, furthermore, the telephone number listed at the end of the ad directed the reader to a recorded message, which confirmed that the ad was an April Fools Day joke.

BMW said the phrase "without even lifting a finger" was made after clearly establishing that the technology was hands-free.  They explained that it was an attempt to try to make the new technology sound sufficiently clever and reinforced the idea that no movement was needed, unlike regular instant or text messaging.  They argued that the phrase had no further meaning.

BMW pointed out that the car's headlights were not flashing but activated on a dipped beam with a light flare, although they acknowledged how this could be misinterpreted.  They said the concept was deliberately chosen to parody and ridicule negative, arrogant drivers.  They said they received 3,040 messages of congratulation about the joke following the ad's appearance, and none were negative messages.  They stated that their intention was not to be irresponsible and believed they had taken steps to ensure the intended message was clear and generally understood.  They reiterated that the ad appeared only on 1 April.   

Assessment

Not upheld

The ASA noted the complainants concern that the ad, which he recognised as a joke, condoned aggressive driving and could encourage anti-social behaviour.  

We also noted BMWs argument and considered it was clear that "BMW Instant Messaging" was not a real product, because it would be impossible for any technology to translate the spoken thoughts of drivers into words on a car windscreen.  We recognised that the ad included the reversed text "MOVE OVER PLEASE" imprinted on the windscreen and text such as "RUSE technology", "Dr Hans Fre" and "PRAT" in the body copy, which gave it an obvious off-beat edge and reinforced the joke. We considered that readers were likely to interpret the ads imagery and text as fantastical and were unlikely to take it seriously.  Although the phrase "without even lifting a finger" could, if analysed, be interpreted as referring to making a rude hand gesture, we considered it was too subtle, and too likely to be overlooked in the context of the ad as a whole, to be construed as provocative.

While we did not dismiss the complainants concerns lightly, we considered that the ad was likely to be interpreted as light-hearted.  Although we acknowledged that the humour and sentiment BMW had intended to convey would not appeal to all, we concluded that readers were unlikely to be influenced in an adverse way by the ad and it was unlikely to encourage anti-social behaviour or advocate aggressive driving.

We investigated the ad under CAP Code clauses 11.1 (Violence and anti-social behaviour) and 48.1 (Motoring) but did not find it in breach.

Action

No action necessary.

Adjudication of the ASA Council (Non-broadcast)