Background
Summary of Council decision:
Three issues were investigated, of which all were Upheld.
Ad description
Two ads on BarHopping UK's Facebook page which advertised regular bar and club events:
a. The ad, dated 7 December 2015, featured images of groups of friends on nights out. Text stated "BAR 1 FREE PIZZA. UNLIMITED SHOTS. BAR 2 WELCOME SHOT, DISCOUNT DRINKS. BAR 3 WELCOME SHOT, DISCOUNT DRINKS. CLUB WELCOME SHOT, FREE ENTRANCE".
b. The ad, dated 20 January 2016, featured an image of a young woman with her head back, having a drink poured into her mouth by one of the BarHopping UK staff members. Another young woman was partially visible behind her. It featured the same text as ad (a).
Issue
The complainant challenged whether the ads were irresponsible and breached the Code because he believed:
1. the claim "unlimited shots" in both ads, and the image of the woman in ad (b), encouraged excessive drinking;
2. ad (a) featured people who appeared to be under the age of 25; and
3. ad (b) featured people who appeared to be under the age of 25.
Response
BarHopping UK explained that they ran a weekly bar hopping event, which had the purpose of providing social integration for international students, young professionals and travellers.
They said they had removed the ads.
Facebook said the posts did not violate their terms.
Assessment
1. Upheld
We acknowledged that BarHopping UK had removed the ads. However, we considered the references in both ads to the "unlimited shots" available at one of the bars visited during the events, and to a "welcome shot" and "discount drinks" at the other bars, implied that an abundance of alcohol was available to be consumed in a short space of time, and that they therefore encouraged excessive drinking. We considered the image in ad (b), which showed a woman having a drink poured into her mouth by one of the BarHopping staff, featured alcohol being served irresponsibly and also encouraged excessive drinking. For those reasons, we considered ads (a) and (b) were irresponsible, and could lead people to adopt styles of drinking that were unwise. We therefore concluded that they breached the Code.
On that point, ads (a) and (b) breached CAP Code (Edition 12) rules 18.1 18.1 Marketing communications must be socially responsible and must contain nothing that is likely to lead people to adopt styles of drinking that are unwise. For example, they should not encourage excessive drinking. Care should be taken not to exploit the young, the immature or those who are mentally or socially vulnerable. and 18.11 18.11 Marketing communications must not feature alcohol being handled or served irresponsibly. (Alcohol)
2. Upheld
The Code required that marketing communications that referred to alcoholic drinks should not show people who were, or appeared to be, under 25 years of age drinking or in a significant role. We considered that all of the people pictured in the ad featured prominently and noted that some of them were holding bottles of beer and therefore also appeared to be drinking. We had not seen evidence that they were 25 years or over and we considered that some of them looked like they were under 25, in particular because the images included groups of friends that appeared to be young students on a night out. We therefore concluded that the ad breached the Code.
On that point, ad (a) breached CAP Code (Edition 12) rule 18.16 18.16 People shown drinking or playing a significant role must neither be nor seem to be under 25. People under 25 may be shown in marketing communications, for example, in the context of family celebrations, but must be obviously not drinking. (Alcohol).
3. Upheld
We considered the three women featured prominently. We noted that the woman having drink poured into her mouth had her head tilted back and therefore some of her face was not visible. We also noted that the face of the woman pouring the drink was not visible at all, and the face of the woman standing in the background was also only partially visible. We had not seen evidence of their ages but we considered, on balance, based on their visible features, that they appeared to be under the age of 25, especially in the context of the style of irresponsible drinking depicted.
On that point, ad (b) breached CAP Code (Edition 12) rule 18.16 18.16 People shown drinking or playing a significant role must neither be nor seem to be under 25. People under 25 may be shown in marketing communications, for example, in the context of family celebrations, but must be obviously not drinking. (Alcohol).
Action
The ads must not appear again in their current form. We told BarHopping UK to ensure that in future their ads were socially responsible and contained nothing that was likely to lead people to adopt styles of drinking that were unwise, for example they should not encourage excessive drinking. We also told them not to feature alcohol being handled or served irresponsibly and not to feature people who were, or seemed to be, under 25 drinking or in a significant role.
