Advertising Standards Bureau Review of Operations 2016 2016 Review of operations_WEB | Page 58
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A Facebook advertisement which includes
a video depicting two cars racing around a
track. The cars are shown driving at speed
with driving practices including crossing lines,
fishtailing and fast acceleration. The caption
above the video on Facebook says ‘With looks
that set hearts racing, the BMW M4 GTS
boasts a 0 to 100 time of just 3.8 seconds.”
(BMW Group Australia – 0493/16).
Driving practice that may breach
the law
Clause 2(c) of the FCAI Code states advertisers
should ensure that advertisements for motor
vehicles do not portray:
Driving practices or other actions which
would, if they were to take place on a road or
road-related area, breach any Commonwealth
law or the law of any State or Territory in the
relevant jurisdiction in which the advertisement
is published or broadcast directly dealing with
road safety or traffic regulation.
A television advertisement depicting a vehicle
on a flat gravel driveway. Two other vehicles
are shown shortly behind the main vehicle as
a number of shots show the vehicles exterior
design features. The camera focuses on the
4CONTROL badge and the vehicle makes
a quick turn to demonstrate the enhanced
handling provided by this feature. This turn
distances the main vehicle from the other
vehicles following it. The vehicle then comes
to a stand still for the price pointed end
frame (Renault Australia – 0499/16).
Driving in excess of speed limits
To breach this clause it must be a clear what
the speed limit is and the speed the vehicle
is travelling.
The Board also dismissed a number of cases under
this Clause including:
• A Pay-TV ad for a vehicle depicted driving
in broad daylight along a scenic country
road. There are roughly 10 seconds of driving
footage in the advertisement, during which
the vehicle is briefly shown alone. After
this, the Discovery is shown approaching
another vehicle, then passing it on the right
over broken white lines ( Jaguar Land Rover
Australia Pty Ltd – 0186/16).
• A television advertisement highlighting
ŠKODA’s SmartLink that allows seamless
smartphone integration within the vehicles
infotainment system (Volkswagen Group
Australia Pty Limited – 0365/16).
Clause 2(b) of the FCAI Code states advertisers
should ensure that advertisements for motor
vehicles do not portray:
People driving at speeds in excess of speed limits
in the relevant jurisdiction in Australia in which
the advertisement is published or broadcast.
In 2016 there was one case upheld under this
clause (Bentley Motors Ltd – 0230/16), and three
dismissed. All cases considered under Clause 2(b)
in 2016 were also considered under Clause 2(a).
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Environmental damage
Clause 2(e) of the FCAI Code states advertisers
should ensure that advertisements for motor
vehicles do not portray:
Deliberate and significant environmental
damage, particularly in advertising for
off-road vehicles.
In 2016 only one case was considered under
this Clause:
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A television advertisement depicting a group
of five cheetah cubs playing with one another
in a field. As they run towards the camera we
see them morph into a Mazda CX-5s. We
see the five cars driving across the field in
formation as well as some interior shots, and
a male voice over describes the features of the
cars. The final scene shows the cars morph
back in to cheetahs (Mazda Australia Pty
Limited – 0296/16).
Advertising Standards Bureau