Note: This advice is given by the CAP Executive about non-broadcast advertising. It does not constitute legal advice. It does not bind CAP, CAP advisory panels or the Advertising Standards Authority.
Rule 4.1 states that marketing communications must not contain anything that is likely to cause serious or widespread offence and specifies that particular care must be taken to avoid causing offence on the grounds of: age; disability; gender; gender reassignment; marriage and civil partnership; pregnancy and maternity; race; religion or belief; sex; and sexual orientation. Compliance will be judged on the context, medium, audience, product and prevailing standards.
Marketing communications may be distasteful without necessarily breaching this rule. Marketers are urged to consider public sensitivities before using potentially offensive material.
The fact that a product is offensive to some people is not grounds for finding a marketing communication in breach of the Code.
Religion and belief are potentially extremely sensitive subjects. References to religion in marketing communications, even humorous ones, have the capacity to cause serious offence. Marketers should ensure that they consider carefully the tone used and, if necessary, research the likelihood of marketing communications causing serious or widespread offence to followers of the faiths concerned.
Although religious offence accounts for few complaints to the ASA, the offence caused can be very serious. Marketers should keep the folllowing in mind:
The sacred
Some aspects of religion are so sacred their depiction is likely to break the Code. As an example from Christianity, images of the crucifixion, especially when depicted in a mocking way, are likely to offend. Dismissive or irreverent depictions of sacred symbols, spiritual figures or gods, sacred texts, holy places, rituals or festivals could all cause offence.
Christianity and common culture: tolerance that extends to the use of Christian images and words. Christianity is an established faith in the UK and its symbols, language and customs are largely integrated into mainstream culture. Consequently, the public and the ASA tend to be tolerant of reference to them in advertising; quotes from hymns and the Bible and religious imagery are usually acceptable except where their use is mocking or denigratory, or the context makes them offensive. Humorous references to clergy people are also likely to be acceptable unless their depiction is unsuitable or denigratory. For example, showing nuns in a sexualised manner, or re-locating the ‘last supper’ to a casino and showing Jesus and the apostles playing roulette is likely to be problematic
Non-Christian faiths
The need for greater sensitivity towards minority faiths. Marketers should treat the symbols, images and beliefs of all religions with care but should be particularly aware of the possibility that references to no-Christian religions may be more likely to cause serious or widespread offence.
Language: ecclesiastical language and what might or might not offend Biblical or religious language is often used in a secular context. ‘Hallelujah’, ‘Divine intervention’ or ‘Tidings of Great Joy’ are unlikely to offend but context and tone sometimes alters the impact of language. People with strong religious beliefs are generally more sensitive to swearing and sexual innuendo. See Harm and Offence: Language for more information.
Sex and Religion
The use of sexualised images Overtly sexualised images can cause offence to some religious groups. Marketers should be mindful of how they portray sex nudity and women, particularly if marketing communications are likely to be seen by people with strong religious beliefs. Linking sex and sexualised images with religion may cause particular offence. As noted above, portraying nuns in a sexualised manner is likely to offend. Marketers should also take care not to link gratuitously sexualised images or sexual innuendo with religions sensitive to the depiction of women.
Relevance of the product
The degree to which marketers can safely use religious imagery and words varies according to context, religion etc, but the nature of the product advertised also affects whether an ad will offend. An approach that is relevant to the product advertised and not disrespectful might still provoke complaints but is less likely to cause offence. Ads that seem to exploit religious imagery for purely commercial purposes can be problematic but the most offence is likely to be felt when the product itself conflicts with the beliefs of that faith. For example, it is unlikely to be acceptable to use Catholic references to advertise birth control products, Hindu or Buddhist symbols to advertise meat products or for Muslim imagery to advertise alcohol. The gratuitous use of religious signs and icons to advertise a product that neither relates to, nor conflicts with, the religion itself may be acceptable if the marketing communication is not seen to be unduly mocking religion or belittling the symbolic relevance of those icons
Location, context, timing and media
As well as considering the product itself, marketers should take into account whether the marketing communication is likely to appear in particularly sensitive locations (e.g. posters close to places of worship or outside religious schools) and whether there are local sympathies that need to be borne in mind (e.g. posters showing semi-clad women appearing in areas of strong religious belief). Marketers would do well to avoid placing provocative marketing communications where they are more likely to offend minority communities. The context in which a marketing communication appears is key and readers of carefully targeted media that poke fun at religion are less likely to be offended than those viewing untargeted media such as posters. The tone can also add to the impact of the marketing communication with light-hearted treatments being more acceptable than mocking or disrespectful ones.
Marketers should also bear in mind when a marketing communication will appear when considering whether it is likely to cause serious or widespread offence on religious grounds, for example, whether a marketing communication’s appearance coincides with any significant religious festivals.
Cause-related advertising
The Code says that marketers should not cause undue fear or distress or use shocking words or images just to attract attention. A poster, placed by a charity that offered emotional support to those in need, claimed “I wish the baby Jesus had never been born”. Although the ASA received complaints, it considered that the charity was offering support to people who felt particularly lonely or desperate at Christmas; it rejected complaints that the poster was offensive.
In short, shock tactics may be acceptable if the message of the marketing communication can justify the approach used.
Recent complaints to the ASA have highlighted the following issues:
Take care when using humour
Using religious imagery or language
Don’t make offensive generalisations
Take care when using humour
The ASA appreciates that it is not generally the advertiser’s intention to offend, but it will consider how viewers are likely to interpret the ad, rather than the advertiser’s intention. Light-hearted depictions may sometimes be acceptable; however, humour does not in itself prevent an ad from being likely to cause offence, and humour which is derived from religion or belief is often likely to be offensive.
It is quite common for the ASA to receive complaints about religious beliefs being depicted in a humorous way in ads during important events in religious calendars. For example, Christian imagery in and around Christmas and Easter. The ASA chose not to uphold complaints about fashion ads seen around Christmas that showed a man giving a woman a Mulberry handbag as a gift in scenes reminiscent of the Christmas Nativity story. It considered most viewers would understand it as a light-hearted take on the Nativity story, intended to comment on the effect of consumerism on Christmas rather than mocking or denigrating Christian belief (Mulberry Company (Sales) Ltd, 23 December 2015). In contrast, an ad for a sex toy sold around Easter 2017 was considered likely to cause offence on the grounds of religion because it included the double entendre “res-erection” and the text “Sinful Sunday”, playing on the religious prominence of the Easter holiday (Honey Birdette (UK) Ltd, 12 July 2017).
In 2024 complaints were upheld about an ad for a comedian featuring an image of a woman with the comedian’s face, holding a baby, and spraying milk directly from her partially obscured breast into the mouth of a kneeling holy figure. The ASA considered that the ad, which appeared on a general news website, was likely to be seen as depicting the Virgin Mary, a highly revered individual in the Christian tradition, breastfeeding an adult holy figure in a church setting, for the purposes of humour and, in that context, the ad was likely to be seen as mocking the religious figures shown. The ASA ruled that it was likely to cause serious offence to some within the Christian faith who saw the ad on the site. (Fern Brady, 20 November 2024)
Gentle humour may be acceptable when reflecting mainstream culture if religious references have passed into mainstream culture more generally. In 2014 the ASA received complaints that a Christmas themed ad referring to "all our stupid songs" was likely to cause offence because it mocked carol singing, an element of Christian worship. The ASA did not uphold the complaints, noting that the activity was part of British Christmas tradition, followed by both Christians and non-Christians alike (Kentucky Fried Chicken (Great Britain) Ltd, 5 March 2014).
Similarly, complaints that a TV ad that included a play on the word “Om” were not upheld on the basis that the elongated ‘Om’ sound in the name ‘Tom’ did not mimic or mock a specific spiritual practice, and the ad was unlikely to be seen as being derogatory to any specific religion. (salesforce UK Ltd, 6 October 2021)
Using religious imagery or language
The use of religious imagery or language may be considered acceptable, provided it is not mocking or disrespectful. A complaint about an ad for an album which featured an image reminiscent of the Black Madonna of Czestochowa, a revered icon of the Virgin Mary in the Catholic Christian faith, with the face of a snarling dog was not upheld, because the image was not considered mocking or denigratory towards the Madonna or the Christian faith in general (SharpTone Records, 4 July 2018). In contrast, an ad which featured an image of a crucifixion, with cartoon style imagery of blood dripping from a hand pierced by a nail alongside the text “nailed on bonus”, “dearly departed JC” and “sacrilecious [sic] bonus” was considered likely to cause offence, particularly to those of the Christian faith to whom the image would have a particularly strong resonance (Boylesports Enterprise, 18 May 2016).
Using religious imagery to advertise products or themes contrary to central or sensitive religious beliefs is likely to be problematic. The ASA upheld complaints about an ad for a music album, which included the headline "HOLY FVCK", and featured the artist bound up in a bondage-style outfit whilst lying on a mattress shaped like a crucifix, with her legs bound to one side, reminiscent of Christ on the cross. The ASA considered that this was likely to be viewed as linking sexuality to the sacred symbol of the crucifix and the crucifixion and was likely to cause serious offence to Christians. The ad was also considered irresponsibly targeted because it referred to a swear word that many would find offensive, and had appeared in an untargeted medium and public place where children were likely to see it (Universal Music Operations Ltd, January 2023).
In 2006, the ASA considered that changing an image of The Last Supper to show Jesus in a casino and his apostles playing roulette was likely to offend (Paddy Power, 11 January 2006). Similarly an ad for the morning after pill, placed in the run up to Christmas, which included the heading “Immaculate Contraception?” generated over 180 complaints and was considered likely to cause serious offence, by mis-using a fundamental Catholic belief (Schering Health Care Ltd, 22 December 2004).
Don’t make offensive generalisations
Whilst it is acceptable to present beliefs and challenge others in advertising, this should not be done in a way which could ridicule or demean any religions or beliefs. Objective claims made in relation to religion or belief must not mislead. A national press ad for the Gay Police Association highlighted homophobic incidents where the sole or primary motivating factor was the religious belief of the perpetrator, and stated "in the name of the father", showing a photograph of a Bible next to a pool of blood. Complainants believed the ad implied that Christians were the perpetrators of the reported incidents and that all Christians shared these views. The ASA agreed that this message was likely to offend Christian readers, and was misleading (Gay Police Association, 18 October 2006).
Advice on specific non-broadcast marketing communications is available from the Copy Advice team.