ASA Adjudication on Debenhams Retail plc

Ad

A national press ad for Debenhams' women's fashion range, which appeared in the Daily Mail, the Sunday Times and The Guardian, stated "Horsted Trainspotters Club". The ad showed five models posing on a pedestrian level crossing between the two platforms of a heritage railway station. The ad also featured a train moving along the railway tracks in the background.

Issue

1. Eight complainants objected that the ad was irresponsible because it could encourage people to play on railway tracks, and because they believed that trespassing on the railway was an illegal activity.

2. One complainant objected that the ad was offensive, because hundreds of people were killed or injured on railway tracks each year.

CAP Code (Edition 11)

Response

Debenhams Retail plc (Debenhams) said the ad's sole purpose was to promote the fashion available at Debenhams. They pointed out that the models were depicted posing for the camera, and were legally present on a walkway that was open for the public to cross from one platform to another. They said the models were not acting in an inappropriate manner, and that the ad did not show illegal behaviour or encourage or condone unsafe practice. Debenhams said there was no evidence to suggest that the ad might cause any person who saw it to engage in any unsafe practice. They pointed out that Bluebell Railway had given its permission for them to photograph at that location, and so did not appear to share the concerns raised.

Debenhams said they made every effort to ensure that their advertising was responsible and complied with the Code. They said the ad had run its course and they did not intend to use it again in the future.

The Daily Mail said the ad had been supplied to them by a recognised advertising agency, and that at the time of accepting the ad they did not think it would cause any offence. They said they had not received any direct complaints from their readers about the ad.

The Sunday Times said, in their view, the models in the ad were depicted in still, calm positions. They said they were not depicted running on or off the rail tracks or otherwise behaving in a reckless manner. The Sunday Times also pointed out that the models were clearly shown standing on boards provided for pedestrian use and were therefore not trespassing on parts of the tracks where pedestrians were banned. They said that, as a result, they did not believe the ad encouraged illegal or dangerous practices or implied that the individuals in the ad were engaged in a dangerous or illegal activity. The Sunday Times said they had received no complaints from their readers about the ad.

The Guardian did not respond to the complaint.

Assessment

1. Not upheld

The ASA noted the models were present on a legal walkway, the purpose of which was to enable the public to cross from one platform to another. We recognised that the train featured in the background of the ad was moving away from the station and in the opposite direction to where the models were situated. We also acknowledged that the models were not engaged in dangerous activities. We considered that the pose of the models, along with the heading "Horsted Trainspotters Club", combined to produce a stylised image that was sufficiently removed from reality. We therefore concluded that the ad had been prepared with a due sense of responsibility, and was unlikely to encourage people to engage in illegal or unsafe practices.

On this point we investigated the ad under CAP Code clauses 2.2 (Principles), 4.1 (Legality) and 10.1 (Safety) but did not find it in breach.

2. Not upheld

We noted the models were situated on a legal crossing and were not walking or playing on the tracks. We acknowledged that the ad did not depict any dangerous or unsafe practice. We considered that the stylised image of the models would be understood by most people to represent a staged fashion shoot. Because of this we concluded that the ad was unlikely to cause either serious or widespread offence.

On this point we investigated the ad under CAP Code clause 5.1 (Decency) but did not find it in breach.

Action

No further action necessary.

Adjudication of the ASA Council (Non-broadcast)