Background
Summary of Council decision:
Three issues were investigated, of which two were Upheld and one was Not upheld.
Ad description
Two internet display ads promoted an introduction service:
a. The ad featured a woman in a black bra and knickers, with one hand to her breast.
b. The ad featured a woman in a pink bra and knickers, posing with her thumbs inside the waistline of her knickers, near her crotch.
Both ads stated "Kovla.com Find a date in your area! Join for free".
Issue
The complainant challenged whether:
1. the ads were offensive because they objectified women;
2. the ads were unsuitable for display in an untargeted medium; and
3. ad (a) was irresponsible, because the woman appeared to be underweight.
Response
Kovla Ltd said they were not currently running any ads, but would ensure that future ads were compliant with the Code.
Assessment
1. Upheld
The ASA welcomed the fact that the ads were no longer appearing and that Kovla would take greater care to ensure their marketing was compliant with the Code in future. However, we noted that both ads featured women in their underwear, looking directly at the camera with their mouths slightly open, and posed with their hands on their bodies in what we considered to be provocative and sexualised positions. Whilst the ads did not include explicit nudity we considered that they presented the women as sexually available and portrayed them as sexual objects. We therefore considered that the ads were likely to cause serious or widespread offence, and concluded that they were in breach of the Code.
On that point, the ads breached CAP Code (Edition 12) rules
1.3
1.3
Marketing communications must be prepared with a sense of responsibility to consumers and to society.
(Responsible advertising) and
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).
2. Upheld
We understood that the ads had been seen on a general website that could be accessed by all consumers and was not restricted in any way. We considered that the ads were sexually suggestive and presented the women as sexual objects and therefore concluded that they were unsuitable for an untargeted medium where they could be seen by children.
On that point, the ads breached CAP Code (Edition 12) rules
1.3
1.3
Marketing communications must be prepared with a sense of responsibility to consumers and to society.
(Responsible advertising) and
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).
3. Not upheld
We noted the woman featured in the ad was slim, and that the outline of some of her ribs could be seen in the image. We also noted that her pose accentuated her curves and waist. We considered, however, that whilst the model looked slim she did not appear to be underweight, and concluded that the image was not irresponsible.
On that point, we investigated ad (a) under CAP Code (Edition 12) rules 1.3 1.3 Marketing communications must be prepared with a sense of responsibility to consumers and to society. (Responsible advertising), but did not find it in breach.
Action
The ads must not appear again in their current form. We told Kovla Ltd to ensure future ads did not contain anything that was likely to cause serious or widespread offence, and to take particular care when placing ads in an untargeted medium where they could be seen by children.
