Ad description
A TV ad, promoting a trust deed scheme, featured a woman standing in front of a large screen on which a range of moving images and phrases appeared in succession. Text included "STRUGGLING WITH DEBT?", "NEW GOVERNMENT LEGISLATION", "WRITE YOUR DEBT OFF", "100% OWNED & OPERATED IN SCOTLAND" and "1000's[sic] TRUST US". The woman stated, "With TrustDeedScotland it's all about trust, so if you're struggling with debt and receive cold calls or text messages, trust that it's not us. Trust that we're owned and operate in Scotland and all our advisors undergo specialist training. Try our online TrustDeedWizard to see if you could be debt-free. Thousands of people each year trust us, so visit TrustDeedScotland or call [number]. For life after debt, trust us." On-screen text shown for most of the ad, in white against a moving but predominantly pale background, stated "Subject to eligibility and acceptance. Conditions apply. Credit rating will be affected. Fees may be payable. Calls recorded".
Issue
The complainant challenged whether the on-screen text was legible.
Response
Trust Deed Scotland Ltd stated that their advertising agency had liaised with Clearcast throughout the process of developing the ad, and had followed the recommendations made by Clearcast in respect of the presentation of the on-screen text.
Clearcast said they considered that the on-screen text was clear and legible and complied with the BCAP Code and all relevant guidance. They said the text was held on-screen for 20 seconds, which was over three times longer than the recommended minimum hold duration stated in industry guidance for text of that length. They acknowledged that it was written in white and presented against a primarily pale background, but stated that the use of outlines on each letter and a slight shadow behind the wording rendered the text legible and established a clear definition between the text and the background. They said they had not considered it necessary to place the text on an opaque single-coloured block. They noted that industry guidance contained no specific recommendation as to the spacing of letters or words and said overall they had been satisfied that the text as it appeared in the ad was clear and legible, particularly given the length of time it was shown on-screen.
Assessment
Not upheld
The ASA considered that the on-screen text "Subject to eligibility and acceptance. Conditions apply. Credit rating will be affected. Fees may be payable. Calls recorded" contained significant information likely to be material in a viewer's decision as to whether and how to respond to the ad, such as the fact that one's credit rating would be affected through use of the advertised service. The BCAP Code required such information to be presented clearly, with the aim being to achieve a standard of legibility that would enable an interested viewer, who made some positive effort, to read all text.
We noted that the text was written in white and shown against a moving, but predominantly pale, background, and that the spacing between characters was minimal, such that the text appeared to have been condensed. We also noted that a lot of visual information was shown throughout the ad in the focal area of the screen, including numbers and words which appeared and disappeared dynamically whilst the presenter spoke. We considered that all of those factors were likely to distract viewers from the smaller on-screen text at the bottom of the screen and so would impede their ability to read that text. However, we considered that the definition between the text and the background was improved by the use of outlining on the letters and a shadow behind them, and further that the text was shown on-screen for a sufficiently long period that an interested viewer making some positive effort would be able to read it. We therefore concluded that the text was legible and that the ad did not breach the Code.
We investigated the ad under BCAP Code rules
3.1
3.1
Advertisements must not materially mislead or be likely to do so.
and
3.2
3.2
Advertisements must not mislead consumers by omitting material information. They must not mislead by hiding material information or presenting it in an unclear, unintelligible, ambiguous or untimely manner.
Material information is information that consumers need in context to make informed decisions about whether or how to buy a product or service. Whether the omission or presentation of material information is likely to mislead consumers depends on the context, the medium and, if the medium of the advertisement is constrained by time or space, the measures that the advertiser takes to make that information available to consumers by other means.
(Misleading advertising) and
3.11
3.11
Qualifications must be presented clearly.
BCAP has published Guidance on Superimposed Text to help television broadcasters ensure compliance with rule
3.1
3.1
Advertisements must not materially mislead or be likely to do so.
. The guidance is available at:
http://www.cap.org.uk/~/media/Files/CAP/Help%20notes%20new/BCAP_Advertising_Guidance_Notes_1.ashx
(Qualification), but did not find it in breach.
Action
No further action necessary.
