Background
Summary of Council decision:
Two issues were investigated, one of which was Not upheld and one Upheld.
Ad description
An ad for Carpet Studio on the front page of a local magazine, Right Up Your Street, seen in January 2018, featured large text stating “Happy New Year” with the word “Year” crossed out and replaced with “Floor!”. It showed an image of a seemingly unconscious woman lying on her back on a tiled floor. The image showed her from the shoulders down. The woman, whose bare legs were parted and feet were splayed outwards, wore high heeled shoes and an above knee-length dress. An empty wine glass lay on its side between the woman and her outstretched arm, and balloons lay behind her on the floor.
Issue
Two complainants challenged whether the image of the seemingly intoxicated woman lying unconscious on the floor was:
1. likely to cause serious or widespread offence because they believed it was inappropriate and demeaning, as the woman’s head was not visible and the image bore no relation to the product being advertised; and
2. socially irresponsible because the ad encouraged excessive drinking.
Response
1. & 2. Carpet Studio said the ad was not intended to cause any offence and it was instead a light hearted New Year message. They did not agree that the image of the woman in the ad was inappropriate and demeaning. They also said that while they did not condone excessive drinking, there was only one empty glass present in the image which was a stock image selected online. They added that at that time of year many people let their hair down and revelled in the festivities, often overindulging and drinking excessively, and as a result they may require new flooring in their homes due to damages caused.
Carpet Studio highlighted that the circulation figure of the magazine was 44,499, and as there were only two complaints the overwhelming majority of their readers shared the humour in which it was intended.
Right Up Your Street echoed the main points in the Carpet Studio response. They said they understood the responsibility that came with having their booklet in so many homes and that they would never willingly publish anything they felt could be considered offensive, or condone excessive drinking or the degradation of women, and the ad would not appear again in future. They said the ad was accepted in good faith after discussions with Carpet Studio who, rather than intending to promote excessive drinking, wanted to reflect the essence of New Year fun.
Assessment
1. Not upheld
The ASA acknowledged that the image of the apparently intoxicated woman lying on her back on the floor could be seen as distasteful by some people. However, we considered that the woman, who was fully clothed, would be understood as an image of a person who had over-indulged at a party. She was not portrayed in a sexualised or objectifying manner and the ad did not otherwise contain anything which pointed to an exploitative scenario or tone.
We therefore concluded that the image of the woman lying on her back in the ad was unlikely to cause serious or widespread office.
On this point we investigated the ad under CAP Code (Edition 12) rule
4.1
4.1
Marketing communications must not contain anything that is likely to cause serious or widespread offence. Particular care must be taken to avoid causing offence on the grounds of race, religion, gender, sexual orientation, disability or age. 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.
(Harm and Offence), but did not find it in breach.
2. Upheld
The CAP Code required that marketing communications contained nothing that was likely to lead people to adopt styles of drinking that were unwise, including encouraging excessive drinking.
We considered that the image featuring a woman lying on the floor alongside an overturned wine glass and balloons, together with the statement “Happy New Floor!” with “Year” crossed out, suggested that the woman was unconscious due to excessive alcohol consumption during the festive season. We considered that in this context the ad portrayed a style of drinking that was excessive and dangerous, in a humorous tone which trivialised such drinking styles. We therefore concluded that the ad promoted excessive drinking and was in breach of the Code.
On this point the ad breached CAP Code (Edition 12) rule 18.1 18.1 Marketing communications must be socially responsible and must contain nothing that is likely to lead people to adopt styles of drinking that are unwise. For example, they should not encourage excessive drinking. Care should be taken not to exploit the young, the immature or those who are mentally or socially vulnerable. (Alcohol).
Action
The ad must not appear again in the form complained about. We told Carpet Studio to ensure their future marketing communications contained nothing that was likely to encourage excessive drinking.
