Background
Summary of Council decision:
Three issues were investigated, all of which were Not upheld.
Ad description
A TV ad for a car brand that featured dogs riding in their owners' cars started and ended with a shot of a small terrier running after a silver car, and was primarily composed of shots of various dogs putting their heads out of car windows. Most of the cars were moving through scenery including a beach, a city, suburbs and a mountain road, but there were also shots of stationary cars. Some dogs only had their noses poking out of the window whilst others had their head, neck and front paws leaning out. Harnesses or restraints were visible on many of the dogs.
Issue
The ASA received 46 complaints about the ad.
1. Twenty-seven viewers challenged whether the scenes showing dogs putting their head out of car windows depicted practices that were irresponsible because they would be harmful if emulated, either because they believed the dogs were not restrained or because they were concerned that the actions would be detrimental to a dog's health.
2. Twenty-seven viewers challenged whether the scenes showing a terrier running after a car were distressing and irresponsible, because it appeared that the dog had been abandoned and it was potentially harmful to give a poor example of pet care.
3. One viewer challenged whether the scenes showing a terrier running after a car depicted practices that were irresponsible because they would be harmful if emulated, because they believed dogs running loose on the road could cause an accident.
Response
1. Volkswagen Group UK Ltd said they did not seek out controversy in their advertising and regretted that a number of people felt offended by the ad. They appreciated that the British public was sensitive to issues of animal welfare and ensured that every precaution was taken to ensure that only dogs that would enjoy the experience were selected to appear in the ad, and that they were kept happy, safe and well throughout the shoot. They said caution was also exercised to ensure that the ad did not encourage harmful emulation, through the prominent and visible use of safety harnesses, the choice of their locations and the overall tone of the ad, which celebrated dogs and dog owners' bond with their dogs.
Volkswagen said it was their priority that all dogs were safe and well looked after throughout the filming of the ad. They said all dogs wore harnesses at all times while in the cars to keep them safe and to comply with the requirements of the Highway Code. They stated that two vets and a professional dog handler were on set at all times to ensure that the dogs were kept happy, safe and well, and that each dog's owner was present on set at all times. They said they were careful to only cast dogs that were familiar with and enjoyed being driven, and that each dog was visited in its home by a professional dog handler prior to selection to confirm suitability.
Volkswagen did not consider that any of the footage in the ad was likely to condone or encourage behaviour that prejudiced health and safety. They said many people drove with their dog in the car and kept themselves, their passengers and the dog safe by ensuring that the dog was both secure and comfortable by using a harness. They stated that both the Highway Code and the RSPCA recommended that dogs were securely restrained during transport, and that they suggested that a harness was a suitable way of doing so. They said they used harnesses throughout filming and ensured that they were the right size and correctly fitted so that each dog was secure and comfortable. They said they also ensured that the harnesses were clearly depicted throughout the final cut of the ad and highlighted parts of the ad where harnesses were visible.
Clearcast said the animals used in the production were restrained using certified harnesses to comply with the Highway Code, advice given by the RSPCA and to the satisfaction of those qualified individuals charged with the responsibility of the animals' welfare whilst on production. They maintained that Volkswagen had prepared the ad with a sense of responsibility to the audience and to society because they had demonstrated that due diligence to the law and advice on safe practice had been observed. They said that negated the concern of harmful emulation.
2. Volkswagen said the scene was intended to depict a dog happily chasing his canine friend. They said it drew on dogs' natural urge to chase, their love of chasing and the association of dogs with chasing cars in popular culture. They said there was no intention to imply that the terrier had been abandoned and the whole campaign was devoted to highlighting the special bond between people and their dogs and how the fact that they accompanied their owners on just about every conceivable outing evidenced that special relationship. They said the suggestion of a dog being abandoned would run counter to that message and they did not consider that the vast majority of viewers would interpret the scenes with the terrier in that way.
Volkswagen said the focus of the ad was the dogs - drivers were out of shot wherever possible - and they therefore did not believe that the vast majority of viewers would read too much into the terrier being shown running alone along the road without a human companion in shot. They said the sequence was visually arresting and neither it nor the rest of the ad was intended to have a narrative imposed upon them. They said the terrier was not distressed and was clearly shown to be exuberant and happy in the ad.
Clearcast did not agree with the interpretation of abandonment and poor pet care that had been inferred by some of the complainants. Although they noted that a great deal of concern and sensitivity was felt by the British public with regards to animal welfare, they felt it was important to look at the advertisement objectively. They said the animal displayed no discernible signs of distress and that the advertiser had provided evidence in support of the dog's mental and physical wellbeing whilst engaged with the production. They stated that nothing in the visuals confirmed that the dog had been abandoned and that it simply showed a dog chasing a car, which could be happening for a myriad of reasons. They said the intention and joyful feeling of the narrative was a positive affirmation of the relationship between owners and dogs, which was not intended to distress the audience. They said that was reinforced by the accompanying music track. They considered that the subject of abandonment would be contrary to the overall message and did not believe that the majority of viewers would infer that from the story.
3. Volkswagen said the scenes of the terrier running behind the car were shot on a gravel track that was closed to traffic, under controlled conditions. They said the track was clearly shown to be totally devoid of any other vehicles or people. They said the location was remote and unlikely to resemble everyday surroundings of the vast majority of dog owners. They said it was clearly shot to provide a visually arresting, cinematic sequence and not to be representative of real life and believed that was evidenced from the location, the direction, the cinematography and the absence of people in shot. They said that approach was chosen so that Volkswagen did not appear to be encouraging dog owners to let their dogs run loose on busy roads.
Volkswagen did not believe it was realistic to suggest that, as a result of the ad, dog owners would seek out a deserted gravel track in the remote countryside, so as to allow their dogs to run loose behind a car. They considered it was even less likely that dog owners would be encouraged to let dogs loose to chase cars in a completely different setting, where there was a risk of harm to the dogs, moving vehicles or their occupants. They provided letters from vets present during the filming of the ad confirming that the dogs were handled safely and fairly during the shoot.
Clearcast acknowledged that allowing a dog to run freely on an open road would be prejudicial to health and safety, but said it was clear from the visuals that the car was driving on a gravel track and the dog was running on the grassy verge. They said there were no other vehicles, road signs or markings that would indicate that the track was open to public use.
Assessment
1. Not upheld
The ASA noted the recommendations in the Highway Code and the advice from the RSPCA that dogs should be suitably restrained when travelling in vehicles, and that a correctly-fitted harness was an appropriate method of doing so. Although harnesses were not visible in all of the shots showing dogs riding in cars, we noted that the majority of dogs were clearly shown to be wearing harnesses or other restraints and considered that consumers were likely to understand that the dogs in the ad were safely restricted.
We understood that allowing dogs to have their heads out of the window in a moving vehicle could be damaging to the dogs' ears and eyes. However, we considered that dog owners would be aware of the general principles of caring for a dog and the risks in allowing their dog to travel in that way. We considered that the tone of the ad was light-hearted and that the ad was unlikely to encourage dog owners to allow their dogs to travel in that way.
Because the majority of the dogs were shown to be suitably restrained, and because we did not consider that dog owners would be unduly influenced by a light-hearted ad that did not specifically condone allowing dogs to travel with their heads out of the window, we concluded that the scenes were not irresponsible.
On this point we investigated the ad under BCAP Code rules 1.2 1.2 Advertisements must be prepared with a sense of responsibility to the audience and to society. (Responsible advertising), 4.4 4.4 Advertisements must not include material that is likely to condone or encourage behaviour that prejudices health or safety. and 4.10 4.10 Advertisements must not distress the audience without justifiable reason. Advertisements must not exploit the audience's fears or superstitions (Harm and offence) but did not find it in breach.
2. Not upheld
We noted that the ad showed various scenes of a terrier running after a moving vehicle and considered that the dog did not appear to be distressed or suffering. As noted in point 1, we considered the tone of the ad to be light-hearted and did not consider that there was any indication in the ad that the dog had been abandoned. Although we acknowledged that some viewers might find the shots of a dog running after a car upsetting, we did not consider that the majority of viewers would interpret the scenes as a depiction of abandonment or ill-treatment. Because of that, we concluded that the scenes were unlikely to cause distress and were not irresponsible.
On this point, we investigated the ad under BCAP Code rules 1.2 1.2 Advertisements must be prepared with a sense of responsibility to the audience and to society. (Responsible advertising), 4.4 4.4 Advertisements must not include material that is likely to condone or encourage behaviour that prejudices health or safety. and 4.10 4.10 Advertisements must not distress the audience without justifiable reason. Advertisements must not exploit the audience's fears or superstitions (Harm and offence) but did not find it in breach.
3. Not upheld
We noted that the ad showed the terrier running on the side of a rural road and that there were no other vehicles or road users shown nearby. Although we acknowledged that it would ordinarily be dangerous to allow a dog to be off the lead on a major road, we considered that viewers were likely to understand that the ad was filmed on a closed set and were therefore unlikely to view the scenes as a realistic example of good practice. Because we considered that viewers were likely to understand that the scenes depicted in the ad were not indicative of real-life situations, we considered that the ad was unlikely to encourage dog owners to let their dog run loose on a road and concluded that the scenes were not irresponsible.
On this point, we investigated the ad under BCAP Code rules 1.2 1.2 Advertisements must be prepared with a sense of responsibility to the audience and to society. (Responsible advertising), 4.4 4.4 Advertisements must not include material that is likely to condone or encourage behaviour that prejudices health or safety. and 4.10 4.10 Advertisements must not distress the audience without justifiable reason. Advertisements must not exploit the audience's fears or superstitions (Harm and offence) but did not find it in breach.
Action
No further action necessary.
