Background

Summary of Council Decision:

Three issues were investigated all of which were Not upheld.

Ad description

A regional press ad, for a glazing company, was viewed between November 2011 and January 2012 in the North Devon Gazette and North Devon Journal. It featured images of doors sold by the company as well as of a woman who was wearing denim hot pants, a cropped top and red boots. She was crouched and appeared to have her hand on her hip.

Issue

The ASA received complaints from members of the public:

1. All of the complainants challenged whether the ad was likely to cause serious or widespread offence, because they believed it was overtly sexual.

2. Some of the complainants also challenged whether the ad was likely to cause serious or widespread offence, because they believed it was demeaning to women.

3. Some of the complainants also challenged whether the ad was unsuitable to appear where it could be seen by children.

Response

1., 2. & 3. Camel Glass & Joinery Ltd (CGJ) said the ad was intended to attract DIY and trade customers. They said it was not intended to be offensive but to be bright and eye-catching with discounts and low prices. They said the image was a standard one bought from an agency; the woman was fully clothed and it was used to draw attention to the discounted items shown in the ad.

The North Devon Gazette (NDG) said they had sought advice from the CAP Copy Advice team following a call they received from a member of the public. They had been advised that the ad was likely to be acceptable.

The North Devon Journal (NDJ) said they believed the model was dressed as she was to reflect the colours of the ad and the brand values of the advertiser. They said she had her hand on her hip and was posed to draw attention to the offer being made. It was not a sexual pose and they believed it was not likely to cause serious or widespread offence. NDJ also believed the ad was suitable to appear where it could be seen by children.

Assessment

1., 2. & 3. Not upheld

The ASA noted the woman was wearing denim hot pants, a cropped top, and red boots. We also noted she was crouched and considered she appeared to have her hand on her hip. We considered the overall effect of the image, including of the woman's facial expression, was only mildly sexual. Although we noted the image of the woman was not directly relevant to the products being advertised, we considered the ad did not demean women. We also noted the ad did not, for example, include any innuendo and that it appeared in a targeted medium. We considered children were less likely to view the ad than if it had appeared in an untargeted medium and concluded that, because it was no more than mildly sexual, the ad was suitably targeted. We also concluded that, although some might find it distasteful, the ad was not overtly sexual and was not demeaning to women. We therefore concluded that it was unlikely to cause serious or widespread offence in the medium in which it appeared.

We investigated the ad under CAP Code (Edition 12) rules  1.3 1.3 Marketing communications must be prepared with a sense of responsibility to consumers and to society.  (Responsible advertising) and  4.1 4.1 Marketing communications must not contain anything that is likely to cause serious or widespread offence. Particular care must be taken to avoid causing offence on the grounds of race, religion, gender, sexual orientation, disability or age. Compliance will be judged on the context, medium, audience, product and prevailing standards.
Marketing communications may be distasteful without necessarily breaching this rule. Marketers are urged to consider public sensitivities before using potentially offensive material.
The fact that a product is offensive to some people is not grounds for finding a marketing communication in breach of the Code.
 (Harm and offence) but did not find it in breach.

Action

No further action necessary.

CAP Code (Edition 12)

1.3     4.1    


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