Ad description

A radio ad for BMW, heard on 23 March 2021, opened with the revving sound of a car engine. The voice-over said, “We could use big words like striking, muscular or captivating to tell you what it looks like, or use an alluring combination of colourful words to describe exactly what it feels like. But all you really want to hear is this”, at which point the louder sound of a car engine revving was heard. The voice-over continued, “Discover the new M3 Competition Saloon and M4 Competition Coupe from BMW, available to test drive from April. M the most powerful letter in the world.”

Issue

The complainant, challenged whether the ad and presentation of the car engine sounds were irresponsible and breached the Code.

Response

BMW UK Ltd t/a BMW said that BMW M was their sub brand for their performance and sport car range, and the engine would make a different sound to that of a non-performance car.

BMW said they took care to ensure the voice-over did not make any speed or acceleration claims and instead focused on the look and feel of the car, the model name and the availability to test drive it. They said the total engine noise lasted for less than a second of the thirty-second ad and it was apparent that the engine revving sound was recorded when the vehicle was static and was not indicating the car was being driven at speed or with rapid acceleration.

Radiocentre said they were aware that the campaign raised issues under Section 20 of the Code, and they issued a warning to the advertiser that the sound effects of the car should not suggest hard acceleration or aggressive power. They believed the final version of the ad was Code compliant.

Assessment

Upheld

The BCAP Code stated that motoring advertisements must not demonstrate power, acceleration or handling characteristics except in a clear context of safety. Reference to those characteristics must not suggest excitement, aggression or competitiveness (BCAP Code rule  20.3 20.3 Motoring advertisements must not demonstrate power, acceleration or handling characteristics except in a clear context of safety. Reference to those characteristics must not suggest excitement, aggression or competitiveness.  . The Code also stated that ads must not refer to speed in a way that might condone or encourage dangerous, competitive, inconsiderate or irresponsible driving and that speed or acceleration claims must not be the main selling message of an ad (BCAP Code rule  20.4 20.4 Motoring advertisements must not refer to speed in a way that might condone or encourage dangerous, competitive, inconsiderate or irresponsible driving or motorcycling. Factual statements about a vehicle's speed or acceleration are permissible but must not be presented as a reason for preferring the advertised vehicle. Speed or acceleration claims must not be the main selling message of an advertisement.  .

The ASA noted the ad began with an engine revving sound and that the sound of the engine was heard quietly in the background for the majority of the ad. The voice-over made reference to the car’s appearance and feel, and then stated “But all you really want to hear is this”, at which point the louder sound of a car engine revving was heard. Although some listeners might infer that this sound was a reference to the quality of the engineering and design of the car, we considered the sound of the engine was made to be the focus of the ad and was intended as a demonstration of the car’s power. By stating that the revving sound was all listeners wanted to hear, the ad implied that that characteristic, rather than the look or feel of driving the car, would be the most important feature for consumers. We also considered the sound of the revving engine suggested excitement that consumers would experience driving the car. The voice-over stated, “M, the most powerful letter in the world” which we understood was a reference to the model of the cars being featured, but we considered the use of the word “powerful” further emphasised the powerful nature of the car.

We noted, however, that the ad made no direct reference to speed, acceleration or fast driving. The revving sound was not heard multiple times, or in a prolonged manner so as to suggest speed or that the car was being driven in a dangerous or irresponsible manner. Therefore, we did not consider that the ad made speed and acceleration the main message of the ad or referenced speed in a way that would encourage dangerous or irresponsible driving.

However, because the ad demonstrated the power of the car, not in the clear context of safety, and in a way that suggested excitement, we concluded it was in breach of the Code.

The ad breached BCAP code rule  20.3 20.3 Motoring advertisements must not demonstrate power, acceleration or handling characteristics except in a clear context of safety. Reference to those characteristics must not suggest excitement, aggression or competitiveness.  (Motoring), but did not breach BCAP code rule  20.4 20.4 Motoring advertisements must not refer to speed in a way that might condone or encourage dangerous, competitive, inconsiderate or irresponsible driving or motorcycling. Factual statements about a vehicle's speed or acceleration are permissible but must not be presented as a reason for preferring the advertised vehicle. Speed or acceleration claims must not be the main selling message of an advertisement.  (Motoring).

Action

The ad must not be broadcast again in its current form. We told BMW UK Ltd to ensure that future ads did not demonstrate power except in the clear context of safety or in a way that suggested excitement.

BCAP Code

20.3     20.4    


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