AG Barr plc 2nd Floor Aspinall Close Middlebrook Horwich Bolton BL6 6QQ Number of complaints: 34

Date: 02 August 2006 Media: Television, Radio Sector: Food and drink Agency: The Leith Agency

Ad
A TV ad for Irn Bru 32 showed a student in a library staring blankly into space when a man dressed in a cuckoo suit suddenly burst through a bookcase towards him.  The cuckoo handed the student a can of Irn Bru 32 and said in a hard-sounding Glasgow accent: "Wakey, wakey!  Smart Alec are ye?  Eh?  Well get this doon yer pie-hole clever clogs.  Irn Bru 32.  Pure mental stimulation in a can."  A librarian put her finger to lips to ask him to be quiet, to which the man responded, "I'll shhh you you tweedy old crow."

Three radio ads featured the same character in other situations.  In one he told a group of people in a pub that unless they drank Irn Bru 32 they would "be swimming in the Clyde wi some concrete boots on." In the second he told a group that after Irn Bru 32, "you'll feel like taking on the day wi a claw hammer."  In the third he said, "I don't want to hear yer heed's pure mince.  I want to hear yous tell me ... I'm not going to stay in like a pansy Derek.  I'm goin doon the park wi the weans Derek.  You do not want to mess wi this cuckoo ... And I know where yous live by the way."


Issue
We received complaints from 34 TV viewers, which included one from the Scottish Violence Reduction Unit of Strathclyde Police and one from the Clinical Director of Glasgow Royal Infirmary's A&E department, who also mentioned the radio ads.

1.  All the viewers were concerned that the language, theme and tone of the TV ad, which they described as violent and aggressive, was offensive.  The Scottish Violence Reduction Unit felt similarly about the radio ads.

2.  18 viewers objected that the TV ad seemed to target young people.  They said that the product itself was likely to appeal to them; that the ad featured a character likely to appeal to children and that it was shown during the daytime and early evening when large numbers of children were likely to see it.  The Scottish Violence Reduction Unit felt similarly about the radio ads being broadcast on Xfm, which they believed was a radio station likely to be of particular appeal to children and young people.

3.  Three viewers believed the TV ad was likely to encourage similar threats and intimidation to those shown.

4.  16 viewers believed the attitude and tone portrayed in the TV ad was likely to condone aggression, anti-social behaviour and disrespect.  The Scottish Violence Reduction Unit believed that both the TV and radio ads set an irresponsible example when there was great concern over levels of violence and intimidation in Scotland.  They felt that young people were the group most likely to be adversely influenced by the ad, and also the group that they believed was already the most likely to demonstrate violent and anti-social behaviour.

Response
1.  AG Barr said they believed the maverick and irreverent theme of their ads was well-established; that the public understood them in that context and that consequently their potential to cause offence was reduced.  They said research they had conducted amongst respondents aged between 18 and 30 years had shown that most respondents considered the TV ad was humorous and revealed no evidence of concern about violence, aggression or anti-social behaviour in relation to the ad.

The Broadcast Advertising Clearance Centre (BACC) believed that a man dressed in a cuckoo costume was clearly a ridiculous figure and that anything in his language or actions was consequently unlikely to be taken sufficiently seriously to cause offence.

The Leith Agency endorsed this.  They said the way in which the man was dressed was slapstick and distanced the scene from everyday life.
The Radio Advertising Clearance Centre (RACC) said that each radio ad began with a cuckoo clock sound effect followed by the character identifying himself as "Derek the cuckoo."  They believed the scenarios were unlikely to be seen in any way other than comic; that they established themselves as such from the outset and that the stereotype of the "Glasgow hardman" was likely to be recognised by listeners (and so seem less threatening to them as a result).

2.  The Leith Agency said their intention was to target adults rather than children.  They said the BACC had not imposed any timing restriction on the TV ad but because of the Agency's wish to target adults they had, where possible, avoided showing the ad at times when large numbers of children were likely to be watching.  Notwithstanding the targeting, they believed the ad was unlikely to cause mental harm or emulation by children.  The BACC endorsed this.

The RACC said Xfm was a radio station with general appeal.  They said the radio ads were aimed at adults and believed they were unlikely to appeal to children.

AG Barr endorsed the comments made by the Leith Agency, the BACC and the RACC.

3.  The BACC believed that the man's appearance in the TV ad was sufficiently ridiculous to stop him being taken as someone whose behaviour it was desirable to copy.  They did not believe there was sufficient link to show that the behaviour in the ad resulted in more serious violence, which was of concern to viewers.  The Leith Agency endorsed this.

The RACC believed the scenarios were unlikely to be seen in any way other than comic.   AG Barr endorsed the comments made by the BACC and the RACC.

4.  AG Barr said that, as an established manufacturer of soft drinks in Scotland, they believed they had an accurate measure of what the public found acceptable and they did not believe that either the TV ad or the radio ads went beyond that.

The BACC believed that the man in the cuckoo suit was simply encouraging the student to drink the product to stimulate his mind.  They believed his appearance - and in particular the idea of a man dressed as a cuckoo calling a librarian a "crow" - was so ridiculous that it was unlikely to influence someone to behave violently or anti-socially.

The Leith Agency endorsed this.  They believed it was misplaced to hold the behaviour shown in the TV ad responsible for the serious violence that concerned the complainants.

The RACC believed the scenarios were clearly established as comic from the outset and that they were therefore unlikely to be taken as a serious condonement of aggressive or anti-social behaviour.  They said the "Glasgow hardman" character was depicted as ridiculous rather than admirable.

Assessment

1.  Complaints not upheld
The ASA considered the language, theme and tone of the ads was likely to be taken as humorous and referring clearly to a comic Glasgow stereotype.  We considered the ads were unlikely in themselves to increase violent behaviour and that they were unlikely to cause serious, widespread or general offence, either to viewers in Scotland or elsewhere in the UK.   We noted that the research indicated respondents in the target group had seen the TV ad as humorous.

The TV ad was investigated under CAP (Broadcast) TV Advertising Standards Code rules 6.1 (Offence) and 6.2 (Violence and cruelty).

The radio ads were investigated under CAP (Broadcast) Radio Advertising Standards Code section 2, rule 9 (Good taste, decency and offence to public feeling).

2.  Complaints not upheld
We considered children were likely to see and hear the ads because they were broadcast at times of general family viewing on TV and on Xfm, a radio station with general appeal.  Nevertheless, we considered the tone was sufficiently humorous and the Glasgow stereotype sufficiently recognisable to avoid the ads themselves causing an increase in violent behaviour in children, either in Scotland or elsewhere.

The TV ad was investigated under CAP (Broadcast) TV Advertising Standards Code rules 7.3.1 (Mental harm - children), 7.3.7 (Use of scheduling restrictions) and CAP (Broadcast) Rules on the Scheduling of Advertising 4.2.3 (Treatments unsuitable for children).

The radio ads were investigated under CAP (Broadcast) Radio Advertising Standards Code section 2, rules 8 (Scheduling) and 11 (Children and younger listeners).

3.  Complaints not upheld
We did not consider there was evidence to suggest that either the actions seen in the TV ad or the descriptions in the radio ads were themselves being copied.

The TV ad was investigated under CAP (Broadcast) TV Advertising Standards Code rule 6.2 (Violence and cruelty).

The radio ads were investigated under CAP (Broadcast) Radio Advertising Standards Code section 2, rule 10 (Harm).

4.  Complaints not upheld
We considered the language, theme and tone of the ads was likely to be taken as humorous and referring clearly to a comic Glasgow stereotype.  We considered the ads were unlikely in themselves to be seen as condoning aggression, anti-social behaviour and disrespect or as setting an irresponsible example.


The TV ad was investigated under CAP (Broadcast) TV Advertising Standards Code rule 6.2 (Violence and cruelty).

The radio ads were investigated under CAP (Broadcast) Radio Advertising Standards Code section 2, rule 10 (Harm).

Action
No further action necessary.

Adjudication of the ASA Council (Broadcast)