Background
Summary of Council decision:
Three issues were investigated, all of which were Upheld.
Ad description
A leaflet distributed by the campaign group "No To Tibberchindy Wind Farm" showed a photograph of a turbine adjacent to Craigievar Castle. Text stated "Dear Neighbour - We are appealing to you to object to the planning application for a massive wind-turbine development by Tibberchindy on top of Coiliochbhar Hill, between Alford, Lumsden, Glenkindie and Cushnie. The hill is a major local landmark standing guard over the Howe of Alford and the beautiful Donside valley ... a place to walk and take in the stunning views to Morven Bennachie, Pressendye and north to the Ladder Hills ...".
Issue
Infinis Energy Services Ltd challenged whether the photograph of a turbine adjacent to Craigievar Castle suggested that:
1. the turbines associated with the proposed wind farm would be located in close proximity to Craigievar Castle;
2. the turbines would be visible from the castle; and
3. the turbines would have a significant impact on the castle
were misleading and could be substantiated.
Response
1., 2. & 3. "No To Tibberchindy Wind Farm" said their aim was to inform local residents of a proposal by Infinis Energy to develop a wind farm on Coiliochbhar Hill. They said the purpose of the photomontage was to indicate the comparative height of the proposed turbines. They had discussed using images of other buildings including Big Ben, the Wallace Monument and Edinburgh Castle but decided on Craigievar Castle because it was a building that was well known in the community. They said text in the leaflet advised the reader of the location of the proposed wind farm development site and that a separate brochure contained a map that showed its location and distance from Craigievar Castle. They pointed out that the leaflet contained the website address of the local council, where official documents and maps relating to the proposed development could be viewed. They believed the leaflet made no suggestion that a turbine would be located next to or near Craigievar Castle and that anyone living in the area where the brochure was delivered would know that the proposed development site was some distance from Craigievar Castle.
Assessment
1., 2. & 3. Upheld
The ASA considered that, although the leaflet referred to the proposed development as being "by Tibberchindy on top of Coiliochbhar Hill, between Alford, Lumsden, Glenkindie and Cushnie" and contained the website address of the local council, where official documents and maps relating to the proposed development could be viewed, the photograph of the turbine adjacent to Craigievar Castle was a striking one and suggested, despite the information given elsewhere in the leaflet and the potential knowledge of some of the recipients, that turbines would be located in close proximity to Craigievar Castle; that they would be visible from it; and would have a significant impact on it. The site of the proposed development was, however, approximately 7 km away from Craigievar Castle, which meant that visibility and any other impact was likely to be negligible. Because of that, we considered that the photograph gave a misleading impression and concluded that the ad was in breach of the CAP Code.
On points 1., 2. and 3 the ad breached CAP Code (Edition 12) rules 3.1 3.1 Marketing communications must not materially mislead or be likely to do so. (Misleading advertising) and 3.7 3.7 Before distributing or submitting a marketing communication for publication, marketers must hold documentary evidence to prove claims that consumers are likely to regard as objective and that are capable of objective substantiation. The ASA may regard claims as misleading in the absence of adequate substantiation. (Substantiation).
Action
The ad must not appear again in its current form.
