Ad description
A TV ad for Madame Tussauds. The ad began with a family who entered and sat on the back seat of a stationary black cab and began telling the driver about their trip to Madame Tussauds. The ad showed only the two adults putting on their seat belts.
Issue
Two complainants, who believed the ad showed behaviour that did not comply with the law, challenged whether the ad was irresponsible and harmful.
Response
Merlin Attractions Operations Ltd t/a Madame Tussauds (Merlin) said that at the beginning of the ad, after the family had entered the taxi, the father put his seat belt on and the mother was in the process of fitting hers.
They said they had ensured that the taxi was stationary in the opening scene and because it showed the mother and father with, or in the action of putting on their seat belts, it implied that the children would then put theirs on before the ad moved onto the next scene.
Clearcast said they understood the importance of wearing seat belts when a vehicle was in motion and in the opening scene the taxi was stationary. They said it was not a motoring ad and because the parents were shown in the process of belting-up, that was a sufficient indicator that the family would continue to act responsibly by applying their seat belts before the taxi moved off.
Assessment
Not upheld
The ASA noted that the BCAP Code stated that ads must not condone or encourage behaviour that prejudiced health or safety or a breach of the Highway Code. We understood that the type of taxi featured in the ad was likely to have three seat belts in the back seat and so it would not have been possible for the whole family to wear one each. We agreed that the taxi was stationary in the opening scene, and considered it would have been possible for one of the children to move to another seat that was fitted with a seat belt before the taxi moved off. Furthermore we considered that parents were likely to be aware of the importance of wearing a seat belt while a vehicle was in motion and therefore ensure the children’s safety by fitting their seat belts.
We noted that the opening scene was brief and the remainder of the ad was clearly focused on the family’s day out to Madame Tussauds. Because we considered the ad was clearly related to a day out, in which the wearing of seatbelts was incidental to the main message of the ad, we considered it did not condone or encourage a breach of the requirements of the Highway Code. We therefore concluded that the ad was not irresponsible.
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. and 1.3 1.3 Advertisements must comply with the law and broadcasters must make that a condition of acceptance. (Responsible advertising), 4.4 4.4 Advertisements must not include material that is likely to condone or encourage behaviour that prejudices health or safety. (Harm and offence) and 20.2 20.2 Advertisements must not condone or encourage a breach of the legal requirements of the Highway Code. (Motoring), but did not find it in breach.
Action
No further action necessary.
