ASA Adjudication on HPAS Ltd

Ad

A TV ad for Safestyle UK showed images of windows and doors being manufactured and fitted. Above those images large text in red stated "READ THE RED WRITING". At the same time the voice-over stated "Listen, read the red writing. If you want new quality windows and doors we can think of loads of reasons why you should go to Safestyle UK. There's a wide range of products and styles ... " The red text at the top of the screen changed to "PRODUCTS AND STYLES ... FLEXIBLE MONTHLY PAYMENTS ... BEAT ANY QUOTE CALL NOW". The voice-over stated " ... and Safestyle will beat any like for like quote so for a free quotation call Safestyle UK ... ".

During the ad smaller on-screen text in white scrolled from right to left across the bottom of the screen. That text stated "Geographical and other restrictions apply. Typical APR 23.6% Example cash price £3300 deposit £60 balance £3240. 120 repayments £65.67. Total payable £7868.40." A telephone number beginning 0800 and a web address were provided at the bottom of the screen.

Issue

The viewer challenged whether the ad was likely to mislead viewers by directing them to read the large red text, distracting them from the terms and conditions that scrolled across the bottom of the screen.

BCAP TV Code

Response

Safestyle UK (Safestyle) said the financial information at the bottom the screen was written in text as prescribed by the regulations. They said they did not believe that by referring to offers appearing on the screen there was a likelihood of giving a misleading or unfair impression of the product. They emphasised that all relevant information would be confirmed in a home visit before any purchase was made and relevant cancellation periods would apply.

Clearcast said the duration of the scrolling text was correct and complied with the relevant Code rule. They said they had allowed ten seconds for the legal text and a re-focus time for each of the four sets of red text of two seconds. They said they did not believe the voice-over "read the red writing" would distract viewers from reading and considering the legal text as well. They said they considered it highly unlikely that viewers were as suggestible as the complainant believed. They said that if viewers did read the red text they would have ample opportunity to read the legal text because the duration of the hold was sufficient to read both sets of text.

Assessment

1. Not upheld

The ASA noted Safestyle and Clearcast's comments. We accepted that the duration of the hold for the on-screen text complied with BCAP Guidance. Although we noted the direction to read the large red text seemed at first distracting, we considered that the scrolling white text that set out the terms and conditions moved sufficiently slowly to be legible. We concluded it was possible to read both sets of text and the ad was not misleading.

We investigated the ad under CAP (Broadcast) TV Advertising Standards Code rules 5.4.1(Visual techniques and special effects) and 5.4.2 (Superimposed text) but did not find it in breach.

Action

No further action necessary.

Adjudication of the ASA Council (Broadcast)