Background
Summary of Council decision:
Two issues were investigated, both of which were Not upheld.
Ad description
A TV ad and a radio ad for the Citroen C3 car seen in December 2016 and heard on 13 February 2017 respectively:
a. The TV ad showed a man using a built-in camera just in front of the rear view mirror of a car to take photographs of landmarks, images and letters. The ad showed him sending them to a woman's phone to spell out the words “Marry me?” The voice-over stated “Share what you see, with connected cam Citroen”.
b. The radio ad featured a couple driving in a car. A man (who was not driving) pointed out a singer that his partner liked, saying "Eyes on the road" and "Don't look, drive". The voice-over stated "The new Citroen C3 with connected cam Citroen ... share images and video on social media. And footage captured could help in the event of an accident." A speeded-up voice-over at the end stated "Connected cam Citroen standard on selected models only. Terms and conditions apply. Always drive responsibly and only operate the camera when not driving."
Issue
1.Twenty complainants in relation to the TV ad; and
2. two complainants in relation to the radio ad
challenged whether the ads were irresponsible, because they condoned or encouraged dangerous or irresponsible driving behaviour prejudicial to safety and in breach of the legal requirements of the Highway Code.
Response
1. Citroen UK Ltd believed the one-click button on the camera situated just behind the vehicle's interior rear-view mirror was no more distracting to press than turning on the radio and was designed to avoid driver distraction. They said the camera was designed to be used when the vehicle was stationary. They said the TV ad did not show the driver using the camera while the vehicle was moving and did not show him using his phone to send the photographs.
Clearcast said they approved the ad for transmission on the basis that taking a photograph by pressing a single button was no different from pressing any other button in a car, and that the ad would show no one sending messages while the vehicle was moving. They considered that the scenes in which the ad featured the camera in use, showed the car either parked or travelling slowly and safely. They believed that the fact that none of the photographs were blurred reinforced the message that the car had not been moving when they were taken.
2. Citroen said the voice of the passenger in the radio ad encouraged the driver to keep their eyes on the road and that the ad included the spoken disclaimer "Always drive responsibly and only operate the camera when not driving". They believed there was nothing in either ad that could contribute to a culture of dangerous, irresponsible or inconsiderate driving or motorcycling, especially among young drivers.
Radiocentre believed it was clear that the man was a passenger who was telling the driver to focus on careful driving. They believed there was no suggestion that anyone was actually using the in-car camera and pointed out that, at the end of the ad, there was a warning not to use the camera while driving.
Assessment
1. Not upheld
The ASA considered viewers would interpret the ad as illustrating how drivers could use the Citroen C3's in-car camera. We considered that in some of the shots (where the driver was photographing the letters A and R) it appeared that the car might be moving, suggesting that the driver was using the camera while he was driving. We noted that the Highway Code advised drivers to avoid distractions and gave "starting or adjusting any music or radio" as an example of a distraction (rule 148); that using hands-free equipment was "likely to distract your attention from the road" (rule 149); that there was "danger of driver distraction being caused by in-vehicle systems such as satellite navigation systems, congestion warning systems, PCs, multi-media, etc" and that drivers "MUST [their capitalization] exercise proper control of your vehicle at all times".
We noted that there were few, if any, other vehicles using the road in any of the shots and that the action the driver needed to perform to use the camera appeared to be nothing more than would be involved in a driver adjusting music or the radio, which the Highway Code permitted as long as the driver was exercising proper control of the vehicle. While we appreciated that the examples of actions or possible distractions given in the Highway Code could be undertaken in ways that would mean a driver was not exercising proper control of the vehicle, we considered there was no suggestion in the shots in the ad that the driver was distracted or not exercising proper control. We therefore concluded that ad (a) did not condone or encourage dangerous or irresponsible behaviour prejudicial to safety and in breach of the legal requirements of the Highway Code, and that it therefore did not breach the BCAP Code.
On this point we investigated the ad under BCAP Code rules 20.1 20.1 Advertisements must not condone or encourage dangerous, competitive, inconsiderate or irresponsible driving or motorcycling. Advertisements must not suggest that driving or motorcycling safely is staid or boring. and 20.2 20.2 Advertisements must not condone or encourage a breach of the legal requirements of the Highway Code. (Motoring), but did not find it in breach.
2. Not upheld
We considered listeners would interpret the ad as referring to how the Citroen C3's in-car camera might be used, while at the same time the narrative warned of the potential distractions of passengers and events taking place outside the car. Although the ad did not seem to involve either the driver or the passenger using the in-car camera, we considered listeners could interpret the ad to mean that the camera could be used to take photographs of people or scenes on the pavement or the road. We considered there was no suggestion in the ad that, if the camera was used, the driver would be unable to exercise proper control of the vehicle. We therefore concluded that ad (b) did not condone or encourage dangerous or irresponsible behaviour prejudicial to safety and in breach of the legal requirements of the Highway Code, and that it therefore did not breach the BCAP Code.
On this point we investigated the ad under BCAP Code rules 20.1 20.1 Advertisements must not condone or encourage dangerous, competitive, inconsiderate or irresponsible driving or motorcycling. Advertisements must not suggest that driving or motorcycling safely is staid or boring. and 20.2 20.2 Advertisements must not condone or encourage a breach of the legal requirements of the Highway Code. (Motoring), but did not find it in breach.
Action
No further action necessary.
