Ad description

A TV ad for Postcode Lottery, seen between 8 and 16 May 2016, featured previous lottery winners urging other people to play. One man shown, who was apparently a member of the clergy, stated "You do win, it's fabulous. I keep telling people, play, because you never know who's going to win".

Issue

Five complainants challenged whether, by showing a man who appeared to be a priest or vicar encouraging viewers to take part, the ad was irresponsible.

Response

Postcode Lottery Ltd said, when they featured prize winners in their ads, they would often make reference to their names, occupations and the amounts they had won. In this case, one of the prizes was won by an individual who identified himself as a spiritualist minister. Postcode Lottery said they had not asked him to dress in the way he did and did not consider it was appropriate to require him to change his clothing or to misrepresent himself. They said they had not sought to imply any affiliation with a religious organisation or denomination and considered his contribution was similar in content and tone to what was provided by other winners who featured in their ads. They said the individual provided a genuine testimonial when he said "… you never know who is going to win" and did not accept that this was socially irresponsible to the point of leading an individual to any kind of harm.

Clearcast considered the man's statement – "You do win, it's fabulous. I keep telling people, play, because you never know who's going to win" – was simply his own opinion and testimonial after winning a prize. They said there was no reference in his statement to his occupation and they did not consider his occupation was relevant to the ad. They did not see the statement of the man's opinion as encouraging socially irresponsible gambling behaviour any more than any other Postcode Lottery ads that featured members of the public.

Assessment

Not upheld

The ASA acknowledged that the man was speaking as someone who had won a prize and saw no reason why he should not do that. We considered the overall impression of his full statement – "You do win, it's fabulous. I keep telling people, play, because you never know who's going to win" – reflected his recent experience of winning and did nothing more than suggest that, by playing, participants would have a chance of winning. We acknowledged that the man's testimonial could act as an additional encouragement for viewers to take part in the lottery and that some viewers might find such encouragement distasteful, particularly when voiced by someone who appeared to be a priest or vicar. However, we considered the ad did not do so in a way that was irresponsible. Because of that, we concluded that the ad did not breach the Code.

We investigated the ad under BCAP Code rules  1.2 1.2 Advertisements must be prepared with a sense of responsibility to the audience and to society.  (Responsible advertising) and  18.2.1 18.2.1 portray, condone or encourage gambling behaviour that is socially irresponsible or could lead to financial, social or emotional harm  (Lotteries), but did not find it in breach.

Action

No further action necessary.

BCAP Code

1.2     18.2.1    


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