ASA Adjudication on Nokia UK Ltd

Ad

A TV ad, for a mobile phone, began with a blank screen; the track Bandages by Hot Hot Heat played. An image of a pair of high heeled shoes was then shown in a strip at the bottom of the screen, which also included text that stated “BANDAGES 3:32 HOT HOT HEAT” in the style of a playlist. Additional strips appeared as the ad progressed, which eventually combined to show an image of a pair of legs dancing whilst wearing the heels. Text in each also included the names of artists and tracks, which, when read together, stated “MACHO MAN … ”; “IDENTITY CRISIS … ”; “WHAT CAN I DO … ”; “GO SEE THE DOCTOR … ”; “SIX WEEKS … ”; “REMOVE … ”; “BANDAGES … ”; “DUDE LOOKS LIKE A LADY … ”. The ad ended with further text, which appeared next to an image of the phone and stated “COMES WITH MUSIC UNLIMITED DOWNLOAD MILLIONS TRACKS YOURS TO KEEP”; “EXCLUSIVELY AT THE CARPHONE WAREHOUSE”.

Issue

Three viewers complained that the ad was offensive because it negatively portrayed transgender and transsexual communities and trivialised the process they had to go through to resolve their identity.

BCAP TV Code

Response

Wieden and Kennedy, the ad agency, responded on behalf of Nokia.  They said the ad was not intended to cause offence; it was part of a broad multichannel campaign, which told entertaining and tongue in cheek stories using the playlist format.  They said they had consulted The Beaumont Society, which was the largest and longest established transgender support group in the UK, and one of their representatives attended the shoot.  They said they had approached the ad with sensitive caution and The Beaumont Societys representative believed neither the ads script nor its visual treatment was offensive to people from transgender or transsexual communities.

Clearcast said, at the script stage, they were concerned that the ad could offend transsexuals and had advised the agency to approach The Beaumont Society because they provided a support network to "promote the better understanding of the conditions of transgender, transvestism and gender dysphoria in society, thereby creating and improving tolerance and acceptance of these conditions by a wider public".  They provided copies of the agencys correspondence with The Beaumont Society and said they were happy to clear the script once The Beaumont Society had confirmed they had no objections to it.

Assessment

Not upheld

The ASA noted some viewers might feel that the subject matter of the ad was sensitive or in poor taste but we considered that its reference to issues that might affect transgender or transsexual communities did not mean that it portrayed them negatively.  Although the ad referred to issues that might affect transsexual and transgender communities in a light hearted manner, we considered it did not stigmatise, humiliate or undermine those communities by using harmful stereotypes.  We noted The Beaumont Society told the advertiser that they did not find the script offensive and would be happy for the ad to be broadcast.  We concluded that the ad was unlikely to cause serious or widespread offence.    

We investigated the ad under CAP (Broadcast) TV Advertising Standards Code rules 6.1 (Offence) and 6.6 (Harmful or negative stereotypes) but did not find it in breach.

Action

No further action necessary.

Adjudication of the ASA Council (Broadcast)