July 22, 2019

CAP notes that until recently, audio description (AD) was available only on some broadcast editorial content via digital television and it was rare for broadcast and non-broadcast advertising to be audio described. However, CAP and BCAP understand that it is now becoming more common in advertising, particularly in broadcast media. CAP and BCAP say that they recognise the benefits for inclusion that come with audio description, which are welcome. However, it is important to ensure that the regulatory status of audio description is clear and the rights of blind and visually impaired members of the TV audience are respected.

The CAP and BCAP Codes apply to all aspects of advertisements within their remit. This includes AD or any additional content provided to improve accessibility, including signing and subtitling.

CAP and BCAP advise that when AD is added, blind and partially sighted viewers, and the ASA Council, might reasonably consider that the AD should include any essential visual elements, for example, on-screen text that qualifies spoken claims. For this reason, not all ads may lend themselves to AD, such as those which include large amounts of mandatory or qualifying on-screen text.

Ads which omit material information, making it difficult for consumers to make informed decisions about a marketer’s product or service, are likely to breach the misleading advertising rules in the CAP and BCAP Codes, which require that ads must not mislead by hiding material information or presenting it in an unclear, unintelligible, ambiguous or untimely manner. Limited time does not influence the requirement to provide that information in a clear and intelligible manner: it should be delivered at a pace that allows it to be easily understood.

Last year, BCAP published a call for evidence on AD, to explore whether it was justified to allow advertisers to provide qualifying information normally given in on-screen text by alternative means because of time constraints on audio-described TV ads. The consultation closed on 19 July 2019. Feedback indicates that, while blind and visually impaired members of the TV audience welcome the greater inclusion that comes with description of narrative detail, it is important above all to know what is being advertised and to have access to the same material information as other members of the audience. Advertisers should take care to avoid providing unnecessary detail at the expense of material information.

Where the ASA receives a complaint specifically about an ad with AD from or on behalf of a blind or partially sighted audience member it may well assess only the AD and other audio elements, and not the visuals, against the Code. These elements, taken on their own merits, should therefore not mislead, harm or offend. To read the advice note in full, click here. To read the responses to the call for evidence, click here.