ASA Adjudication on Virgin Media Ltd

Ad

A mailing for Virgin Media was contained in a plain, white envelope with no markings to identify the advertiser. On the right hand side of the envelope was a small hole that went right through the envelope and some of its contents and was designed to look like a bullet hole surrounded by burn marks. Small text on the reverse of the envelope stated "Return Address: PO Box 691, Halifax, HX1 1WB." Inside the envelope a letter headed with Virgin Media's logo and addressed either to the recipient or "The Occupier" contained the heading "FASTER THAN A SPEEDING" next to a similar bullet hole. A leaflet enclosed with the letter stated "FIBRE OPTIC BROADBAND FASTER THAN A SPEEDING NOW HALF PRICE FROM ONLY £4.50 A MONTH" next to a similar bullet hole. Virgin Media's logo appeared prominently at the bottom of the leaflet.

Issue

Ten recipients questioned the acceptability of the use of an envelope that appeared to have sustained a gun shot. Five of them considered the approach was particularly inappropriate at a time when they believed the incidence of gun crime and concern about the unlawful use of guns was rising, either in society as a whole or in particular areas. The recipients challenged whether the mailing was likely to cause:

1. serious or widespread offence and

2. unnecessary fear or distress.

3. The ASA challenged whether the envelope made clear that it contained marketing material.

CAP Code (Edition 11)

Response

1 and 2. Virgin Media (Virgin) said they believed it was clear that the envelope had not actually sustained a gun shot. They believed it was clear that the hole had simply been punched through and that the torn edges were artwork designed to create the impression of a bullet hole. They said that once the envelope was opened, it was very clear that the mailing was marketing material. They said they did not believe the image of a bullet was likely to cause serious or widespread offence or distress and said the ASA had not investigated complaints about a similar bullet hole image that had appeared on a poster.

3. Virgin believed that the instances in which the envelope was addressed to "The Occupier" suggested the content was marketing material. They said the envelope made no other claims regarding its contents.

Assessment

1 and 2. Not upheld

The ASA noted the concerns expressed by the recipients of the mailing. We considered, however, that the appearance of the bullet hole was likely to be recognised as a stylised design gimmick and that recipients would appreciate that it was unlikely that an envelope would arrive with a bullet hole. We considered the mailing was unlikely to cause serious or widespread offence or distress.

On this point, we investigated the ad under CAP Code clauses 2.2 (Responsible advertising), 5.1 (Decency) and 9.1 (Fear and distress) but did not find it in breach.

3. Upheld

We noted that, although the bullet hole appeared stylised, there was no advertiser branding or any other indication on the outside of the envelope that showed that the mailing was marketing material. We also noted that while some recipients had received an envelope addressed to "The Occupier," others had received one addressed to them by name. We concluded that the envelope should have stated clearly that it contained marketing material to avoid ambiguity or confusion about the status of the envelope.

On this point, the ad breached CAP Code clause 22.1 (Recognising marketing communications and identifying marketers).

Action

We told Virgin to ensure that in future mailings envelopes should state clearly that they contained marketing material.

Adjudication of the ASA Council (Non-broadcast)