September 11, 2017

CAP notes that car buyers expect the vehicles they buy to contain the latest technology.  From smartphone integration through to semi-autonomous cars that can pilot themselves under the right circumstances, manufacturers are finding innovative ways to improve safety by using cameras and radar to keep an eye on the road, improve entertainment for passengers and provide information for drivers.  Inevitably, these become major selling points and advertisers are keen to demonstrate the benefits.

Rule 19.2 of the CAP Code says that advertising should not “condone or encourage unsafe or irresponsible driving” or depict behaviour that, if emulated, could result in a breach of the legal requirements in the Highway Code.

The ASA has recently published rulings that provide guidance on how advertisers can demonstrate technology in line with the rules.  The note cites the ASA’s investigation into the Citroen ad, which promoted its new integrated camera system by showing a driver taking pictures to send to his girlfriend’s phone, spelling out “Marry me?”  The ASA investigated complaints that the ads encouraged irresponsible behaviour but concluded that the rules had not been broken because the driver was in control of the car at all times.

The guidance note also refers to a BMW ad, which demonstrated the new 5 Series’ infotainment touchscreen showing a driver swiping the screen.  The ASA investigated whether this was likely to condone or encourage behaviour that could prejudice safety, but found that the ad did not breach the Code.  Again, the driver appeared to be in control of the car.

In addition, the guidance note considers the Sixt Rent a Car series of short ads in which larger-than-life characters reacted to hearing shocking news on the phone by comparing it to the price they had rented a car for.  The ASA investigated whether the ads were irresponsible because they showed phone calls being made behind the wheel.  These ads did not breach the Code, in part because the scenarios shown were surreal and the characters unrealistic.  More importantly, it was clear that the phone calls took place while the cars were safely parked and ended before the cars started to move.

Sometimes, the guidance note explains, ads go further than just showing the technology, as an advertorial by Jaguar illustrates.  The ad described the XE’s integration of connected infotainment saying “drive time is no longer downtime” and “in-car technology is transforming the commute”.  The ASA upheld complaints that the ad was irresponsible and could encourage unsafe driving practices, concluding that suggestions of Wi-Fi connectivity, the inclusion of calendar apps and the mirroring of smartphone tech on the inbuilt system meaning that a driver could use the car as an extension of the workplace, encouraged and condoned behaviour that could distract drivers’ attention.

To paraphrase the Highway Code, the guidance note says, compliant marketing needs concentration.  Avoid condoning distractions when driving and exercise proper control of your advertising at all times.  To read the guidance note in on the CAP website, click here.