ASA Adjudication on Directgov

Ad

A radio ad, for the photocard-style driving licence, stated “Cassette tapes, the one pound note, long hot summers, they’re all a thing of the past like the paper driving licence. If you’ve still got one, an old paper licence that is, you can change it for a swanky new photocard licence instead. You can update your details quickly and conveniently online. Just go to direct.gov.uk/exchange licence”.

Issue

Five listeners believed the ad was misleading, because it failed to state that a £20 fee was payable to exchange a paper driving licence for a photocard.

BCAP Radio Code

Response

Delaney Lund Knox Warren and Partners (DLKW), the creative agency responsible for the ad, explained that the key objective the Driver Vehicle Licensing Agency (DVLA) wanted to achieve in the ad was to highlight to consumers that they might find it easier and more convenient to update their licence online, as opposed to by post or at the post office. They said the £20 fee was not mentioned specifically, because it would apply regardless of how the transaction was completed; it was not specific to the online service advertised. They said, in addition, the ad directed listeners to a website, which gave more information about the transaction and which clearly stated the £20 fee on the first page. They acknowledged, however, that it was vital for the DVLA to be clear, open and accountable and said the feedback received on this ad would be taken into account with future messages.

The Radio Advertising Clearance Centre (RACC) explained that the DVLAs message, which was primarily concerned with the exchange of a paper driving licence for a photocard version, was relayed within the confines of a 20-second ad but pointed out that the ad included a website address, which alerted consumers to the £20 fee. They believed, therefore, with reference to Rule 3.1 (b) of the CAP (Broadcast) Radio Advertising Standards Code (BCAP Code), a consumers decision about whether and how to take up the advertisers offer would be unaffected by the omission of the fee: the ad was limited by time and the advertiser had taken steps to make that information available to consumers by other means, through the given website.

Assessment

Upheld

The ASA understood that the primary message the DVLA wanted to convey was that it was possible to switch from an old style paper to a new photocard driving licence online. We also acknowledged the RACCs comments that the ad was limited to 20 seconds and that a website address was quoted.

We considered, however, that the main message listeners were likely to take from the ad, which focused initially on items that were "a thing of the past", was that paper driving licences were out of date but that they could be changed for a "swanky new" photocard licence. The ad then went on, as a secondary issue, to point out that it was possible to update details quickly and easily online.

We understood that the complainants, after hearing the ad, had believed the exchange of licences would be free. They were, therefore, disappointed to find, from the website address to which the ad directed them, that a fee of £20 applied. We noted the ad stated "exchange licence", a phrase also highlighted by the complainants, and considered it understandable that some listeners had assumed, in the absence of clarification otherwise, that the exchange was a direct transfer of one type of licence for another. We considered, therefore, that the fee was a significant factor, likely to influence consumers' understanding of the product advertised and their decision about whether or not to visit the website to update their details or make the switch. We acknowledged that the ad did not claim to offer the service as free, but concluded that the message conveyed was unclear and as a consequence the ad could mislead.

The ad breached CAP (Broadcast) Radio Advertising Standards Code section 2 rule 3.1 (Misleadingness).

Action

The ad must not be broadcast again in its current form.

Adjudication of the ASA Council (Broadcast)