Ad description

Two TV ads for the Jaguar F-TYPE:

a. The first ad depicted a car driving through a dark tunnel and featured the sound of an engine being revved. When the car exited the tunnel, it was shown driving along a winding public road whilst it passed pedestrians. The car was then shown driving over a bridge and then a coastal road, both of which were lined with pedestrians. The car then drove down an empty public road in the city lined with people. The driver then got out of the car and said, "Your turn" whilst throwing his keys to a pedestrian, who was at the front of a long queue of people waiting to drive the car. The voice-over stated, "The new Jaguar F-Type" as there were close ups of the car door shutting, the engine ignition button and the rev counter. The car then drove off down the road as the voice-over stated, "Your turn". On-screen text stated "YOUR TURN". The ad ended with the Jaguar logo on screen alongside text which stated “JAGUAR HOW ALIVE ARE YOU".

b. The second ad featured a man in a secluded, quiet and mountainous location. The silence was broken by the sound of a car engine being revved. The ad then featured a car driving through a dark tunnel and featured the sound of an engine being revved. When the car exited the tunnel, it was shown driving along a winding public road whilst it passed pedestrians. The car was then shown driving over a bridge and then a coastal road, both of which were lined with pedestrians. The car then drove down an empty public road in the city lined with people. The driver then got out of the car and said, "Your turn" whilst throwing his keys to a pedestrian, who was at the front of a long queue of people waiting to drive the car. The voice-over stated, "The new Jaguar F-Type" as there were close ups of the car door shutting, the engine ignition button and the rev counter. The car then drove off down the road as the voice-over stated, "Your turn". On-screen text stated "YOUR TURN". The ad ended with the Jaguar logo on screen alongside text which stated “JAGUAR HOW ALIVE ARE YOU".

Issue

Two complainants challenged whether the ads were harmful and irresponsible, because they believed they glorified speed and encouraged dangerous driving.

Response

Jaguar Land Rover Ltd (Jaguar) said the focus of the ads was to exhibit the design of the car. However, they said they had made amendments to the original edit of the ads to ensure they were not in beach of the BCAP Code. They explained that they had removed shots that might have shown the car travelling too fast and they had toned the engine noise down. Jaguar said the car was quieter in the ad than it is in real life. They said they were keen to show that the pedestrians queuing to test drive the car in the ads, were admiring the beauty of the car rather than being impressed by the speed or way it was being driven. Jaguar pointed out that the pedestrians in the ad were all aged around 30, dressed to show a level of responsibility and were a mixture of males and females. They said they were not interested in attracting motorists who liked to drive at excessive speeds with their ads, but rather a more mature demographic who was not interested in irresponsible or dangerous driving.

Jaguar said that throughout the ads the car was driven carefully and within the speed limit on real roads. The ads were filmed in Chile, and Jaguar provided us with a signed document from the Film Commission Chile, which confirmed that the car was driven at applicable speed limits at all times. They explained that the ad contained a fantastical element as the route the car took was lined with spectators, who were actually queuing to test drive the car. They explained that the spectators always stood out of the road and were not in any danger. They also pointed out that there were no other vehicles or road users in the ad.

Clearcast said they had worked with Jaguar to ensure the ads complied with the BCAP Code. They said Jaguar had reduced the level of the engine sound of the car and increased the volume of the music track, because they were concerned that the engine sound in the original edits was too loud. Clearcast said they did not believe the ads glorified speed or encouraged dangerous driving. They explained that the car was at all times driven within the speed limit and handled in a safe and responsible manner. They also did not believe there were any shots of the car being driven recklessly or out of control.

Assessment

Not upheld

The ASA understood the car was driven within the speed limit throughout the ads and we did not consider that the car was being driven at an excessive speed. Furthermore, we did not consider the engine noise of the car to be prominent enough as to make acceleration and speed the main focus of the ads. We also did not consider there was any suggestion of aggression or competition within in the ads.

Whilst we acknowledged that a car should drive slowly and carefully when passing pedestrians on public roads, we considered that the line of pedestrians queuing up for miles to test drive the car, represented a fantastical enough situation to give a clear impression to viewers that the ads did not depict a realistic diving scene. We therefore considered the ads did not encourage viewers to drive with a lack of care when passing pedestrians. Furthermore we did not consider the car was being driven at excessive speed or being handled in a manner that was either dangerous or irresponsible. We therefore concluded that the ads did not breach the Code.

We investigated the ads under BCAP Code rules  1.2 1.2 Marketing communications must reflect the spirit, not merely the letter, of the Code.  (Social responsibility),  4.4 4.4 Marketing communications must contain nothing that is likely to condone or encourage violence or anti-social behaviour.  (Harm and offence),  20.1 20.1 Marketing communications must distinguish clearly between offers of employment and business opportunities. Before publication, media owners normally require marketers' full details and any terms and conditions imposed on respondents.    20.2 20.2 Employment marketing communications must relate to genuine vacancies and potential employees must not be asked to pay for information.
Living and working conditions must not be misrepresented. Quoted earnings must be precise; if one has to be made, a forecast must not be unrepresentative. If income is earned from a basic salary and commission, commission only or in some other way, that must be made clear.
   20.3 20.3 Employment agencies and employment businesses must make clear in their marketing communications their full names and contact details and, in relation to each position they advertise, whether it is for temporary or permanent work.  &  20.4 20.4 Marketing communications for homework schemes must contain no forecast of earnings if the scheme is new. Marketers may state the likely level of earnings only if it can be supported with evidence of the experience of existing homeworkers. Marketers must not exaggerate the support available to homeworkers.  (motoring), but did not find a breach.

Action

No further action necessary.

CAP Code (Edition 12)

1.2     20.1     20.2     20.3     20.4     4.4    


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