ASA Adjudication on Camelot Group plc

Ad

A TV ad, for National Lottery scratchcards, showed a woman driving an electric mobility scooter past a bingo hall. There was a 'closed' sign and a padlock on the gates. The woman was heard tutting as she drove on. The image was then 'rubbed out', in the same way that a coin rubs the covering from a scratchcard, and the scene changed to the same character driving a mobility scooter along a sunny beach front. The character was wearing new clothes and jewellery and the scooter had been customised and re-painted. The voice-over stated "Play the new Flamin' Hot Bingo scratchcard from the National Lottery".

Issue

The Bingo Association objected that the ad was misleading and denigratory, because it implied that bingo clubs generally were closed and that bingo clubs were a 'dying' industry.

BCAP TV Code

Response

Camelot Group (Camelot) said the ad was intended to highlight that a winner of a National Lottery scratchcard could 'upgrade' a particular aspect of their life. They believed the ad did not imply that bingo halls generally were closed or that bingo clubs were a dying industry. They said they understood that most bingo clubs did not open before 10.00 and often not until 10.30 or later. They said bingo clubs were not open 24 hours a day but, in contrast, National Lottery scratchcards could be purchased 24 hours a day from many outlets and customers could therefore purchase a scratchcard early in the morning when their bingo club was likely to be closed.

Camelot said the ad was set in the early morning and that was indicated by the fact that the only noise that could be heard was the lady's scooter and birds singing. They also believed the early morning setting was reinforced by the fact the street was empty except for an early morning jogger. Camelot argued that the impression from the ad was that the bingo hall was not yet open for business, not that it was permanently closed. They pointed out that there were posters on the outside of the bingo hall which stated "Play Bingo", "Win", "Mega Prizes" and "Super Prizes"; they believed those posters gave a positive message about bingo halls and the prizes available. Camelot also pointed out that the sign stated "Closed" and not "Closed down" or anything similar which might imply the bingo hall had stopped operating.

Camelot said National Lottery Scratchcards often mirrored popular British leisure activities, such as the board game 'Monopoly' or the TV game show 'Deal or No Deal', and the strength of those scratchcards was based on the popularity of the activity. They said they hoped the bingo scratchcard would appeal to bingo players and that undermining bingo or its customers would prevent them from doing that.

Clearcast believed the ad showed the bingo hall closed rather than shut down and was promoting a way of playing bingo when the bingo hall was shut. They also believed the ad showed an early morning scene, rather than the evening; they believed the evening was prime time for bingo halls and their reputation as a place for a social gathering. They said, had the ad been shot later in the day when bingo halls were open, they would have treated it differently.

Assessment

Upheld

The ASA noted the sign outside the bingo hall stated "Closed", not "Closed down", and posters outside the bingo hall mentioned the prizes that could be won. We also noted Camelots argument that the ad was shot in the early morning and therefore outside a bingo halls normal operating hours.  We considered, however, that it was not clear from the ad what time of day it was and it would not be obvious to viewers that it was intended to represent the early morning. We also considered that the padlock and chains around the door, in conjunction with the "Closed" sign, the aged drab look of the bingo hall and the sound of the woman tutting, gave the impression that the bingo club was closed permanently, not that it was merely closed because of the time of day. We also considered that those images implied that bingo clubs in general were closing down and the industry was dying. We concluded that the ad was misleading and denigrated the bingo industry.

The ad breached CAP (Broadcast) TV Advertising Standards Code rules 5.1 (Misleading advertising), 5.4.3 (Denigration) and 5.4.6 (Comparative advertising).

Action

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

Adjudication of the ASA Council (Broadcast)