ASA Adjudication on Department for Transport

Ad

A radio ad, for the Department for Transport, began with a succession of mobile phone ring tones followed by a police siren. The voice-over then said "More and more phone calls are ending in the same way. If you use a hand-held mobile while driving expect to be caught, fined and have three points put on your licence. Think. Switch off before you drive off".

Issue

Five listeners said the sound of the ringing mobiles and the police siren distracted them while they were driving.  They believed the ad was potentially harmful to listeners driving in their cars.

BCAP Radio Code

Response

The Department for Transport (DfT) said the law on using a mobile phone while driving had recently become stricter.  They said the aim of the ad was to stop drivers using a mobile phone, putting themselves and others at risk of being killed or seriously injured, and to make listeners aware that motorists using a hand-held phone while driving faced an increased fine of £60 and three points on their licence if caught.  They said the ad linked the sound of a mobile to the sound of a police siren so that listeners would be left in no doubt of the potential consequences of using a mobile while driving.  They believed the sound effects of both the siren and the mobile phone ringtones were fundamental to making sure the ad was clear and effective and was also important in aiding immediate comprehension amongst a multi-cultural and multi-lingual audience.  DfT said they would never knowingly develop a radio ad that might distract drivers.  They said they took Radio Advertising Clearance Centre (RACC) advice and placed the ad in the middle of ad breaks and muted the sound of the siren.  They said they also deliberately used a number of different generic, non-branded ringtones from different mobile phones, recorded at a lower pitch tone and played in quick succession, in order to reduce the chance that they might be mistaken by listeners as their own mobile phone.  DfT said they understood that crash investigations had never identified radio advertising distraction as an accident cause.

The RACC said they appreciated the concerns raised by listeners but did not believe the ad presented a danger to motorists.  They said the mobile phone ringtones changed repeatedly in the ad before turning into a police siren, which was then immediately followed by a voice-over.  They believed that listeners were  unlikely to think it was their own mobile ringing because the style, tone and overall presentation of the different ringtone sound effects were not realistic enough to cause a safety hazard.  They said, if a listener did however believe the sound effect to be their own mobile, they should not be in a position to find it so distracting that they were unable to drive safely.  The RACC believed the use of the siren was justified within the context of the ad and, because it developed out of the final ringtone, was unlikely to be mistaken for a genuine police siren.

Assessment

Not upheld

The ASA noted the police siren was muted and, because it appeared in the middle of the ad, we considered listeners were likely to understand that it was part of an ad rather than an external noise.  We also noted the sound of a ringing mobile phone was made up of a variety of quickly changing ringtones which then merged into the sound of the siren.  We considered that, because the sound effect did not sound like a normal ringtone, listeners were unlikely to believe their own mobile was ringing.  We also noted the ad was scheduled in the middle of ad breaks in order to make clear to listeners that they were listening to an ad.  We concluded that the ad was unlikely to cause a dangerous distraction to drivers.

We investigated the ad under CAP (Broadcast) Radio Advertising Standards Code Section 2, rule 25 (Sound effects)but did not find it in breach.

Action

No further action required.

Adjudication of the ASA Council (Broadcast)