CAP Code rule 4.1 stipulates that marketing communications must not contain anything likely to cause serious or widespread offence. Extra care should be taken to avoid causing offence on the grounds of race (and other protected characteristics).
Of course, most advertisers will not set out to intentionally offend their audience. However, in its application of the rule, the ASA will consider the likely audience interpretation of an ad, rather than the intention behind it.
So, with UK Black History month now underway, let’s look at some important considerations for advertisers.
Steer clear of negative depictions of race
The ASA is likely to take a dim view of negative depictions of race in ads. It goes without saying that the use of “Gollys” or “blackface” is very unlikely to be acceptable. Similarly, making negative references to immigration, and by association, race, will also likely cause a problem.
Avoid using negative racial stereotypes
Advertisers need to ensure that their ads do not reinforce negative racial stereotypes. An ad, which featured a white prison guard alongside a black prisoner, was found to breach the Code because it perpetuated the negative association of black men with criminality.
In contrast, a TV ad, which featured two young black men, was found not to cross the line, despite playing on a stereotype that black people love to eat fried chicken. The ASA noted people of other ethnicities were also shown eating in the restaurant and the two men were not portrayed in a mocking or derogatory manner. Additionally, in this case, the creative treatment of the ad – featuring animated elements - added to its overall light-hearted feel. Crucially, the ASA acknowledged that some people might find the ad distasteful, but concluded it was unlikely to cause serious or widespread offence.
Beware of using race-based humour
Whilst light-hearted depictions may sometimes be acceptable, banter or humour is unlikely to mitigate against serious or widespread offence.
One advertiser missed the mark with its attempt to make a joke out of the accent of a character in a radio ad and his inability to pronounce certain words. The ASA considered that because the humour was based on the race of the character, the ad was likely to cause serious offence.
A gambling ad, featuring the black boxer Floyd Mayweather, invited consumers to “always bet on black”, which the ASA found unacceptable given the implication that consumers should always bet on the outcome of a boxing match based on a boxer’s race.
Rule out trivialisation
A car leasing company found itself in hot water for its trivialisation of the Black Lives Matter movement, by associating that protest movement with its “BLACK CARS MATTER” deal, and for making other race-based attempts at humour.
So, this October, with people of colour potentially being featured more prominently, make it a priority to ensure that your ads don’t stray into offensive territory.
Happy Black History Month!
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