ASA Adjudication on Diageo Great Britain Ltd

Ad

New rules and Guidance Notes for the advertising of alcohol on TV came into force on 1 January 2005 as a result of widespread concern about drinking behaviour among young people, including excessive or binge drinking and anti-social behaviour.  The changes were intended to prevent alcohol ads having a strong appeal to those under 18 years of age and being associated with youth culture.  Advertisers were allowed a nine-month grace period before change had to be reflected on screen.  BCAP monitored ads on television in December 2005 to check compliance with the new rules.

BCAP identified a range of Smirnoff Ice TV ads that all featured Uri, a chilled-out Eastern European loyal to Smirnoff Ice.

Ad

a.  The first ad showed Uri giving viewers a tour of his Arctic wilderness home saying My name is Uri and welcome to my house. Let me take you on a little tour. It's good ya [he warms his hands by a flat-screen computer monitor that showed a burning log fire].  Oooh [he watches a football match on a flat-screen TV hanging on the wall] My stereo. And this is my pride and joy, my refrigerator [he opens the door to the fridge and steps outside into the snow].  Nippy. Perfect temperature. This crazy boy here is my homeboy, Gorb. And this is the best thing about my place, the peace and quiet [he turns on his stereo to full volume]. Smirnoff Ice, brrrrr!

b.  The second ad showed Uri and his best friend Gorb as guests on a chat show.  The presenter said Hello, I'm DP and welcome to the show. First up let me introduce you to our regular guests: it's Uri and Gorb! Good day gentlemen. How are you, Uri?  You're very welcome.  Uri Very good DP, hello world.  DP How are you Gorb? [shot of Gorb with the sound effect of whistling wind].  Uri Ah you know, it's what he doesn't say that matters. Today DP, we say hello to the future [he lifts his head and opens his mouth and the sound of a stylophone comes out]. What have you got for us today, Gorb? Ah, this is what Im talking about: my old ghetto blaster.  But, you know, in the future machines will be our masters.  Which is good because if we don't like them we can always unplug them. This little bad boy [shows mobile phone], this little box of tricks can make its own movies like Hollywood and as you can see Gorb and I have been making our own. Now this little bad boy is really cool - it's a text thermometer. It sends me a message whenever my Smirnoff ice is cold enough. Oh! Smirnoff Ice time. Thanks, crazy boy.  DP That's a great trick you've got going on there Uri.  Uri Yeah, thank you, thank you, thank you, but you know, technology is fine but it has its limits. So, don't rage against the machine just unplug it! DP "Another technological update brought to you from Uri and Gorb. I'm afraid that's all we've got time for."

c.  In a third similarly staged ad, the presenter said “Hello, I'm DP and you are very welcome to the show. First up, let me introduce you to our regular guests: it's Uri and Gorb! Great to see you. Uri, take the weight off my friend.”  Uri “Thank you, thank you DP, hello everybody”. DP “How are you Gorb?” [shot of Gorb with the sound effect of whistling wind] Uri “Why use words? Gorb what have you got for us today? Ahh, this is what I'm talking about. The Arctic is melting so fast that my friends like Rudolph have less room to slither. So this is my guide to keeping travel cool. First on travel: this is cool [Photograph shows Gorb sitting in sports car]. This is not cool [video clip shows Uri sitting in a wheel barrow]. Cycling like this is cool [video clip shows Uri sitting on a new bicycle]. Cycling like this isn't [video clip shows Uri sitting on a Penny Farthing]. But the coolest of all, my husky powered sled, like a bullet it goes [video clip of huskies pulling Uri and Gorb in a buggy]. And remember if getting there is half the fun, you've the wrong holiday my friends!”  DP “Thanks Uri, thanks Gorb. I've been DP, we'll see you next time.” [Gorb puts the reindeer antlers on his head and pretends to rut.  Uri tries to take the antlers off him.]

d.  In a fourth ad, Uri is trying to play “fetch” with his husky but the husky does not react.  Instead, Gorb chases after the snowball and brings it back. 

e.  In a fifth ad, staged in an art gallery, an attractive woman is appreciating a piece of modern art.  Uri examines the piece carefully until he finds the perfect place to use as a bottle opener for his Smirnoff Ice, receiving an amused glance from the woman.

f.  In a sixth ad, Uri is shown looking at a portrait and trying to identify what the person in the portrait is looking at.  The portrait is of Uri in identical clothes.

g.  In a seventh ad, Gorb is hanging from a football goal crossbar and talking to Uri when a football knocks him off.

Issue

BCAP challenged whether the ads complied with rule 11.8.2 (a) Advertisements for alcoholic drinks must not be likely to appeal strongly to people under 18, in particular by reflecting or being associated with youth culture.

BCAP TV Code

Response

Diageo explained that they had worked with a media-buying agency to ensure that a minimum of 75% of the audience for the campaign was of legal purchase age or above.  They added that, during 2005, the audience profile averaged 91.2% legal purchase age or above.  

The Broadcast Advertising Clearance Centre (BACC) explained that they had considered the individual elements of the ads very carefully and had decided that, because the clothing, music and language were out of touch with current trends, the ads would not strongly appeal to under 18s.  The BACC explained that the characters were portrayed as homely and simple Eastern European men living in the frozen wastes somewhere East.  They were dressed in unusual cold winter clothes that they believed were not particularly popular or fashionable.  They believed that that would not have particular appeal to under-18s and that such characters were not closely linked to youth culture.  The BACC added that Uri looked and was well over 25 and was not a well-known personality.  

Diageo added that they had purposely chosen an entirely fictional male lead to avoid the use of existing celebrities.

Diageo maintained that the choice of music, heavy rock from Quarashi, an Icelandic band not distributed in the UK, would have no youth appeal in the UK.  They argued that the use of the bands music in various TV programmes would not have raised Quarashi band member Uris personal profile.  They believed that viewers would not have been able to recognise the music and associate it with a band that had not released any songs in the UK.

Diageo explained that DP was chosen to present the ads after they had rejected another MTV presenter because she looked too young.  They maintained that 79% of MTVs viewers were adults and so they believed he would not appeal strongly to under 18 year-olds.  

Diageo explained that they had based ads (b) and (c) on a common entertainment chat show format and the ads style was akin to Saturday Night Live and other late night MTV shows.

The BACC admitted that ad (a) was similar in style to the MTV programme called Cribs but they maintained that, although it was popular with a younger audience, the channel was not exclusively watched by the young and, because it had general and universal appeal, that should not preclude it from linking the MTV brand with an alcohol one.  

Diageo added that the inspiration for the ad was the generic home improvement programme format on TV and they believed it was about a man having pride in his home, something that was more relevant to adults.  

Diageo maintained that interest in celebrities was not confined to young people.  They argued that Uri and Gorb were not celebrities and the house tour was not of disproportionate appeal to under 18 year-olds.  They said the ads mocked celebrity culture and parodied the obsession with how celebrities live by depicting a character who lives a distinctively unglamorous lifestyle.  They maintained this satirical humour was clever, urbane and strikingly adult.

Diageo argued that the humour in the ads was intelligent, quirky and nuanced.  They added that in ad (d) Uri was merely playing fetch with the husky: behaviour that was applicable to all age groups and not just children.  Diageo believed that a photograph of a fictional character sitting on a penny-farthing, on an adults bike, in a wheel barrow or at the wheel of a classic sports car did not have strong under-18 appeal.  They added that they believed the humour surrounding Gorbs use of the antlers would appeal to a broad range of ages and was not youth specific.

The BACC explained that they thought raising the volume levels on the hi-fi in ad (a) was harmless, because the home was obviously isolated, and in no-way anti-social or rebellious, because no one would be affected by it.  

The BACC said Uris use of a sculpture to open a bottle in ad (e) was an ironic comment on the often absurd nature of abstract art and not a disregard for social norms.  Diageo said the sculpture was a bottle opener.

Assessment

Upheld

The ASA noted that, despite Diageos careful scheduling, more than 92,000 under 18 year-olds viewed the ad.  We considered that the rules were for the content of the ads, not the scheduling of them, and that targeting the ads so that the under 18s made up a low percentage of the audience did not mean the code did not apply. The BCAP Guidance Notes for the alcohol television rules stated that themes that are likely to appeal strongly to those under 18 are unacceptable.  The Notes recommended that the use of personalities who are likely to have strong appeal to the young, such as pop stars and television personalities, should be avoided and ads should not use music that is likely to appeal strongly to under 18s.  We noted the music was from Quarashi, a rap, rock, funk and techno band from Iceland.  We understood that Uri, Omar Orn Hauksson, had been a member of the band until it disbanded in August 2005.  The band had featured in advertising campaigns for MTV2 and Levi's. Spin Magazine had named Quarashi as one of the "Bands to Watch" for 2002. Their singles had been used as background music in several film trailers, such as 2 Fast 2 Furious, and in TV shows, such as Alias and Smallville, and had also been used in video games.  One of their music videos had been voted as the US MTV Viewers Pick of the week for 20 September 2002 and another had been nominated for a 2002 US MTV Video Music Award for Best Art Direction. Quarashi had been part of the Vans Warped Tour (a touring music and extreme sports festival sponsored by Vans, a skateboarding clothing company) in the summer of 2002.   We noted that, although it was not released in the UK, the music of Quarashi was available to download over the internet.  We considered that the success of the band, which was demonstrated by its past popularity in the USA and Japan, meant the music was likely to appeal, in a similar way, to under 18s in the UK.   We considered that using Quarashi music in the ads was likely to increase the bands appeal in the UK. We noted the television presenter “DP”, who had featured in ads (b) and (c), was a presenter for MTV. We considered that, because “Uri” and “DP” were so closely associated with youth culture, the music and personalities in the ads were likely to appeal strongly to under 18s.  We considered that ads (b) and (c) imitated the relaxed atmosphere and setting of celebrity chat shows.  We considered that the wilderness house tour featured in ad (a) was similar in style to MTV's “Cribs”, a show in which celebrities gave viewers an exclusive insight into their homes, and tapped into young people’s interest in the celebrity lifestyle.  We considered that that served to build “Uri’s” status as a famous person, that ads (b) and (c) reinforced that impression and that the campaign was likely to result in “Uri” becoming a cult figure popular with under 18s.  We considered that this impression was reinforced by airing the ad during “Cribs”.  We understood that celebrities and celebrity lifestyles were of strong appeal to under 18s and we considered that Uri’s characterisation as an amusing and irreverent celebrity figure would help to make him strongly appealing to under 18s.  We reminded the advertisers that the rule prohibited treatments that were of strong appeal, not just of particular appeal. We understood that “Cribs” generally had an index rating of 152 for under 18s.  We considered that the over-representation of under 18s by more than 50% demonstrated the programme’s strong appeal to under 18s.  We nevertheless noted that the under 18s audience index for the episodes of “Cribs” that were broadcast after 9 pm and in which the ads were shown was 95, demonstrating that children accounted for a smaller proportion of the audience than in the general population.  The BCAP Guidance Notes stated that advertisers should avoid themes that are associated with immature, adolescent or childish behaviour or practical jokes and any behaviour that seeks to set those under 18 apart from those of an older age group.  The ASA noted Uri threw a snowball, not a ball or a stick, and he was haranguing the husky to fetch the snowball.  We considered that that behaviour was childish, not adult, and that the punch line of the ad, when Gorb fetched the snowball, was juvenile humour.  We considered that the slapstick humour of the ad (g) was juvenile and would appeal strongly to under 18s.   Also, we considered that the sound effects in ads (b) and (c) and the photographs, video clips and use of antlers in ad (c) would strongly appeal to adolescents’ sense of humour. We considered that most adults would enjoy the peace and serenity of the arctic wilderness and so we considered that Uri’s behaviour in ad (a) was conduct with which teenagers would typically identify. We considered that Uri’s action in ad (e) would resonate with under 18s because of Uri’s disregard for authority and socially acceptable adult behaviour.   

Action

We concluded that the characters were likely to become cult figures with strong appeal to under 18s and that all the ads that featured Uri or Gorb breached the CAP (Broadcast) TV Advertising Standards Code rule 11.8.2 (a) (Alcoholic drinks) and should not be shown again.

Adjudication of the ASA Council (Broadcast)