Background
Summary of Council decision:
Two issues were investigated, both of which were Not upheld.
Ad description
Two TV ads promoted Baileys and featured an arrangement of the Dance of the Sugar Plum Fairy from the Nutcracker ballet throughout:
a. The ad opened with three women arriving at a party and each receiving a glass of Baileys. One of the women made eye contact with a man across the room who then approached and commenced dancing with her in a ballet style. Another male character, who had watched the couple from a balcony, jumped down to the floor and, flanked by his friends, joined the dance. At that point, the music increased in pace and the dance became more confrontational in style as the group of men tried to separate the couple and grab the female lead away. The male leads were shown dancing together, spinning and kicking as they leapt towards and away from one another. At one point the female character stepped between the men before being grabbed by one of the group of men and later struggling free. The dance ended as the woman performed a pirouette with her leg extended, which appeared to strike the second man across the face. She then rejoined her friends, at which point text stating "Spend time with the girls this Christmas" appeared.
b. The ad was a shortened version of ad (a) and showed the same key scenes, including the confrontation between the male characters and the shot of the woman appearing to kick one of the men across the face. The ad also ended with the female lead rejoining her friends and the text "Spend time with the girls this Christmas".
Issue
The ASA received nine complaints.
1. One complainant challenged whether ad (a) was in breach of the Code, because it featured violent and aggressive behaviour in the context of an ad promoting alcohol.
2. Eight complainants challenged whether ad (b) was in breach of the Code for the same reason.
Response
1. & 2. Diageo Great Britain Ltd explained that the idea behind the ads was to show the ultimate girls' night out in a modern, fantastical way and they had chosen to do so through a retelling of the classic story, and Christmas ballet, the Nutcracker.
Diageo did not believe that the ads linked alcohol with violent or aggressive behaviour in any way. They highlighted that the ads were set in a fairy-tale land and showed an interpretation of an instantly recognisable famous scene from the Nutcracker ballet (the dance of the Mouse King) and as such were deliberately and obviously fictional. They said every creative aspect of the ads, from the costumes, set design, music and choice of ballet as a dance medium, were designed to be fantastical and far removed from real life.
They believed that the confrontation between the main characters, including the final pirouette, formed an integral part of the narrative of the ads and did not involve violent or aggressive behaviour. They asserted that the scene was highly stylised, and was clearly a choreographed dance performed by professional ballerinas. They argued that ballet was an elegant form of dance that was associated with grace and skill rather than violent conduct and explained that it had been specifically chosen to enhance the fantastical nature of the ads. Diageo also highlighted that the kicks featured were all non-contact and integrated into the rest of the choreography.
They noted that the scene was resolved in, what they believed to be, a light-hearted and humorous manner, with the female lead, Clara, bringing the focus of the ads back to her and her friends. They pointed out that in the original story the Mouse King and his army of toy soldiers encircled and trapped the Nutcracker and, to try and save him, Clara threw her slipper at the Mouse King, stunning him and enabling the Nutcracker to escape. They explained that that was the inspiration behind the choreography of the fight scene, although with a modern twist as the female lead rejoined her friends, smiling, and ready to enjoy the rest of the evening rather than returning to the Nutcracker's side. They said the final scene contributed to the wider narrative of the ads, which turned on a message about female solidarity, as emphasised by the final message of the ads: "Spend time with the girls this Christmas".
They said they had taken care to ensure there was no association between alcohol and the dance scenes. They also highlighted that although the female lead was offered a drink at the beginning of the ads, she put it to one side without taking a sip, and at no point in the ads were the other main characters seen consuming alcohol.
Clearcast fully endorsed Diageo's comments. They stated that the ads featured a modern interpretation of a short piece from the Nutcracker ballet with the dance performed by professional dancers relevant to the narrative of the well-known story. They said the ads were almost entirely made up of dance and were heavily stylised and choreographed. They argued that the final pirouette was neither violent nor aggressive, but instead simply a dance move. In addition, they highlighted that there was no connection between foot and face, and the fact that the male character reacted theatrically and was therefore clearly unharmed. They pointed out that the scene was relevant to the story of the Nutcracker. They also said they had ensured that there was no link with the consumption of alcohol to the dance, and that the characters only drank once they had finished their performance.
Clearcast confirmed that they were involved from the very early stages of production, and had seen rehearsal tapes showing the planned choreography. They were satisfied at that point, and also when they saw rough edits that the ads were compliant with the BCAP Code and that the content was neither violent nor aggressive.
Assessment
1. & 2. Not Upheld
The ASA understood that the ads were intended as a retelling of a scene from the famous Christmas ballet, the Nutcracker, in which Clara saved the Nutcracker from the Mouse King and his army of toy soldiers. We noted that throughout both ads a rendition of the score from the ballet was played and included music from the Dance of the Sugar Plum Fairy. We considered that most consumers would be familiar with the basic story of the ballet and therefore understand that the ads reflected that story.
We understood that the complainants objected to the fact that the ads linked alcohol and what they believed to be aggressive and anti-social behaviour. We noted that when the male character jumped down from the balcony and tried to separate the dancing couple, the music increased in pace and featured more staccato notes, and the characters' interactions and movements became more accented as they moved spinning, leaping and kicking towards and away from one another. We also noted the grabbing gestures, the fact the female lead was shown struggling and trying to escape from the "Mouse King's" friends, and the end of the scene when her extended leg appeared to strike the man across the face.
We considered, however, that from the outset the ads were clearly fantastical and highly stylised. We noted the costumes, the opulent setting and the fact the narrative was communicated almost entirely through the medium of dance. We also considered that whilst the characters' movements changed, becoming less fluid and more dramatic as the music sped up and the second male character entered the dance floor, the movement was still obviously identifiable as choreographed dance. Similarly, we considered that the reaction of the other guests around the dance floor when the female lead appeared to strike the male, and the manner in which she returned to her friends, suggested that the male character had not been injured, and emphasised the stylised and light-hearted nature of the ads.
We considered that viewers would understand that the ads were a fictional and stylised retelling of a popular Christmas ballet, and would understand the dancing featured, including the choreographed confrontational movements between the main characters and the final pirouette, to be a visual expression of the story, as opposed to a realistic depiction of violent or aggressive behaviour. We therefore concluded that the ads were not in breach of the Code.
We investigated the ads under BCAP Code rule 19.5 19.5 Advertisements must not link alcohol with daring, toughness, aggression or unruly, irresponsible or antisocial behaviour. (Alcohol), but did not find them in breach.
Action
No further action necessary.
