We know advertisers sometimes want to push boundaries and provoke debate, but they must still prepare their ads with a sense of responsibility to consumers and society. This all-encompassing principle of the Code is set out in rule 1.3, and often comes into play when the ASA is considering complaints about body image, children and targeting, and ads that refer to drugs or tobacco.
But sometimes complaints about social responsibility arise in unexpected sectors, highlighting areas of concern for consumers.
Ads for charities can sometimes test boundaries as they try to maximise their impact and the ASA recently concluded that an ad for a dementia charity was not irresponsible and any distress its messaging caused was justified.
Or consumers might worry that ads irresponsibly encourage dangerous or ill-advised behaviour. The ASA considered complaints that a children’s charity irresponsibly encouraged people witnessing child abuse to call them instead of the police. It concluded that the ad was not harmful or irresponsible because it did not imply that people should call the charity instead of the police but that the advertised helpline gave advice, and this advice might include speaking directly to the police.
On a similar theme, this ad for a mobile phone network showed a midwife answering a phone call from a paramedic and supporting them in the emergency delivery of a breech baby. Complaints from medical professionals that it was irresponsible to show the turning of a breach baby outside of the context of a hospital were not upheld by the ASA.
Another mobile phone ad was also subject to complaints when twenty-seven complainants, who noted several recent high-profile cases where women had been attacked in similar circumstances, challenged whether, by showing a woman jogging alone at 2am through city streets whilst wearing earphones, the ads were irresponsible and harmful by encouraging an unsafe practice. The complaints, however, were not upheld.
Rule 1.3 is also echoed in sector specific Code sections, like those relating to Gambling and Alcohol.
As well as the rules that apply to all ads, gambling ads must also follow specific rules to ensure they are socially responsible. This means they must avoid condoning gambling behaviour that could lead to financial harm or suggesting that it can be a solution to financial concerns.
Making sure their ads don’t appeal to kids is another area where gambling advertisers must be aware of their social responsibilities. That includes taking care to ensure their ads don’t feature characters that might appeal strongly to children – and that they don’t feature anyone aged under 25 outside of very limited circumstances.
Similarly, alcohol advertisers have to take special care to ensure that their marketing does not condone or encourage consumption of alcohol that would seem unwise or excessive. A TikTok post showing an influencer intending to ‘get lit’ on cocktails fell foul of this requirement, as did an ad encouraging drink driving.
Environmental claims in ads are another hot topic, and one around which advertisers must take extra to care to be socially responsible and avoid misleading the public about the environmental impact of their business or product. CAP and BCAP have published guidance to help advertisers follow the rules on misleading environmental claims and social responsibility.
For more on this topic, visit our AdviceOnline library, and for bespoke advice on non-broadcast ads our Copy Advice team are happy to help.
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