HomeStyle Operations Ltd t/a Sleepmasters Bolton Avenue Huncoat Industrial Estate Accrington Lancashire BB5 6NS Number of complaints: 30

Date: 9 July 2008 Media: Television Sector: Household

Ad
A TV ad, for a bed sale, showed a man leaving a house to go to work.  A woman was shown in bed, taking a picture of herself on her mobile phone.  The man was then shown sitting in the driving seat of his car, framed in the wing mirror, with his mobile phone in his hand.  The ad cut to a shot of the man's hand holding his phone which displayed the picture of the woman in bed; under the picture text stated "Day off xxx." The ad went on to show and describe several products that were on sale.

Issue
Thirty viewers objected that the ad was likely to encourage dangerous behaviour, because they believed it showed the man using his mobile phone while in control of a vehicle.

BCAP TV Advertising Code:

6.7;11.9.1

Response
Sleepmasters said they were aware of the legal and social ramifications of the use of mobile phones and they had therefore shot the scene on the driveway of the house where the car was stationary.

Clearcast believed the car was obviously stationary and pointed out that the man stepped into his car as he was receiving the text message from his wife.  They believed the car was parked on the drive and said the ad clearly showed a patch of grass and a parked car opposite the man's car.

Assessment
Upheld
The ASA noted Clearcast and Sleepmasters' responses. We also noted, however, the man was sat in the driving seat of his car when he read the text message. We considered that it was not clear whether the man was in control of the vehicle when he was using his mobile phone and concluded that, because of that ambiguity, the ad could encourage or condone dangerous and irresponsible driving and could encourage or condone the use of mobile phones while driving.

The ad breached CAP (Broadcast) TV Advertising Standards Code rules 6.7 (Health and safety) and 11.9.1 (Driving standards).

Action
The ad must not be shown again in its current form.

Adjudication of the ASA Council (Broadcast)