Alcohol Advertising Review Board. Determination Report

Transcription

1 Reference number: 46/12 Product: Smirnoff Vodka Advertiser: Diageo Australia Alcohol Advertising Review Board Determination Report The complaint is upheld. 5 July 2012 This determination by the Alcohol Advertising Review Board Panel ( the Panel ) concerns an online advertisement for Smirnoff Vodka by Diageo Australia which was the subject of a complaint received on 8 June The Advertisement The complaint was in relation to photos on the official Smirnoff Australia Facebook page ( The complainant provided seventeen images they believed contravened the Alcohol Advertising Review Board Code: 1. Photo 6 in the album Smirnoff@ Splendour in the Grass features three young women, two of whom are holding glasses with the Smirnoff Be There logo on them. 2. Photo 20 in the album Splendour in the Grass features four young people in front of a Smirnoff sign. Two of the young people are wearing red t-shirts with the Smirnoff Be There logo on the front. 3. Photo 56 in the album Splendour in the Grass features a black crate filled with empty bottles of Smirnoff Vodka. There are empty bottles of Smirnoff Vodka next to the crate. 4. A photo in the album Smirnoff Cocktail Splendour in the Grass features three young women; one young woman is holding a beverage in a plastic glass. The Smirnoff Be There logo is in the bottom left corner. Two comments from Facebook users on the photo state alco s and Too young. 5. A photo in the album Smirnoff Cocktail Splendour in the Grass features three young women. The Smirnoff Be There logo is in the bottom left corner. 6. A photo in the album Smirnoff Cocktail Splendour in the Grass features four young women. The Smirnoff Be There logo is in the bottom left corner. 7. A photo in the album Smirnoff Cocktail Splendour in the Grass features three young women and three young men. Two of the men are holding beverages in plastic glasses. The Smirnoff Be There logo is in the bottom left corner. 8. A photo in the album Smirnoff Cocktail Splendour in the Grass features two young women and a person in a banana suit. The Smirnoff Be There logo is in the bottom left corner.

2 9. Photo 86 in the album Nightlife Exchange on The Royal Exchange, Brisbane features three young women who are all holding beverages in plastic glasses. The Smirnoff logo is in the top left corner. 10. Photo 41 in the album Nightlife Exchange on The Continental, Sorrento, 11 th Feb features two young women holding bottles of Smirnoff Ice. The Smirnoff logo is in the top left corner. 11. Photo 31 in the album Nightlife Exchange on The Exchange Hotel features five young men and one young woman sitting and standing around a table. The Smirnoff logo is in the top left corner. 12. Photo 34 in the album Nightlife Exchange on Elephant and Wheelbarrow features a young man sitting next to a Smirnoff Nightlife Exchange banner. Behind him a young woman wearing black underwear and a black crop top is dancing on a stage. The Smirnoff logo is in the top left corner. 13. Photo 4 in the album Nightlife Exchange on Elephant and Wheelbarrow features a young man standing next to two young women. They are standing in front of a Smirnoff Nightlife Exchange background and the man is wearing a Smirnoff Nightlife Exchange cap. The two girls are wearing red dresses with the Smirnoff logo on the front, and one is wearing a Smirnoff Nightlife Exchange cap. The Smirnoff logo is in the top left corner. 14. Photo 46 in the album Nightlife Exchange on The Exchange Hotel features a young man standing between two young women. The man is holding a beverage. The two women are wearing red dresses with the Smirnoff logo on the front. The Smirnoff logo is in the top left corner. 15. Photo 106 in the album Nightlife Exchange on The Deen, Perth, March 9th features a young man standing between two young women. The man is holding a bottle of Smirnoff Ice. The two women are wearing red dresses with the Smirnoff logo on the front, and one is pointing to the bottle of Smirnoff Ice. The Smirnoff logo is in the top left corner. 16. Photo 118 in the album Nightlife Exchange on Mooseheads, Canberra features a young woman wearing a red dress with the Smirnoff logo on the front standing between two young men. The men are wearing Smirnoff Nightlife Exchange caps and holding beverages. The comments on the photo include She actually looks scared, First hot girl I ve see you two with for a while (sic) and She s probably double the age of the one you re with now. 17. Photo 92 in the album Nightlife Exchange on Mooseheads, Canberra features a young man standing between two young women. The two women are wearing red dresses with the Smirnoff logo on the front. Comments on the photo state What a pimp!!!! Lika a bawwss son!!!!, BOAWWWWWSSSS and If only they were blokes u would be in heaven!. The Complaint The complainant believed this advertisement contravened the Alcohol Advertising Review Board Code on the basis that: Content on the Smirnoff Australia Facebook page features photos of people who appear to be under 25, consuming Smirnoff (image 1, 2, 4, 5, 6, 7, 8, 9, 10 and 11 described above).

3 Content on the Smirnoff Australia Facebook page features an image that celebrates excessive consumption (image 3 described above); and The Smirnoff Australia Facebook page includes material that connects alcohol consumption with sexual or social prowess (image 12, 13, 14, 15, 16 and 17 described above). The complainant noted that some of the examples highlighted concern content produced by Smirnoff, and other examples related to content created by fans that is instigated, facilitated or allowed by the brand. The complainant asked that the Alcohol Advertising Review Board consider if, and to what extent, alcohol brands are responsible for the content on their Facebook pages, including fan produced content. The Code The advertisement was reviewed against the Code, and in particular: Section (4)(a)(ii) of the Content Code: a. Young people ii. Adults appearing in Alcohol Advertisements must be over 25 years of age and be clearly depicted as adults of this age. Section (4)(b)(i) of the Content Code: b. Consumption i. Alcohol Advertisements must only depict responsible and moderate consumption of alcohol beverages and must not encourage consumption that is inconsistent with the Australian Alcohol Guidelines issued by the NHMRC. Section (4)(b)(ii) of the Content Code: b. Consumption ii. Alcohol Advertisements must not feature, condone or encourage, directly or by implication, irresponsible or immoderate drinking. That applies to both the amount of alcohol presented and the way drinking is portrayed. Section (4)(d) of the Content Code: d. Alcohol and sex Alcohol Advertisements shall not be sexually provocative or suggestive or suggest any link between liquor and sexual attraction or performance. Section (1) of the Placement Code: 1. Placement: General Alcohol Advertisements should not be placed:

4 (i) (ii) in places or at broadcast times where Young People are exposed or are likely to be exposed; or in connection with content that appeals to Young People. Section (8) of the Placement Code: 8. Internet Alcohol Advertisements shall not appear online in connection with content that appeals or is likely to appeal to Young People. The Advertiser s Comments The Advertiser was contacted for comment on 13 June A response was received on 15 June 2012 and passed on to the Review Panel for consideration. The Advertiser declined to participate in the AARB process, noting that it is a signatory to and participates in the Alcohol Beverage Advertising Code Scheme (ABAC). Panel s determination The complaint was referred to three Panel members for review. The Panel determined: 1. The images on the Smirnoff Australia Facebook page were an alcohol advertisement, as defined in the Alcohol Advertising Review Board Code. The Panel believed the content on the page intends to influence consumers choice. 2. The comments made by fans of the Smirnoff Australia Facebook page were an alcohol advertisement, as defined in the Alcohol Advertising Review Board Code. The Panel noted that comments made by fans are controlled indirectly by the advertiser. 3. The advertisement contravened section (4)(a)(ii) of the Content Code, as the people in some of the images on the Facebook page do not appear to be over the age of 25 years. 4. The advertisement contravened section (4)(b)(i) of the Content Code, as the image of a crate full of empty vodka bottles in conjunction with the likes from fans of the Facebook page does not depict responsible and moderate consumption of alcohol. A Panel Member noted that other images depicting people holding a single glass or bottle does not contravene this provision. 5. The advertisement contravened section (4)(b)(ii) of the Content Code, as the Panel believed the images in conjunction with the comments and likes from fans of the Facebook page encourages irresponsible and immoderate drinking. 6. The advertisement contravened section (4)(d) of the Content Code, as some of the images in conjunction with comments from fans of the Facebook page are sexually provocative, some of the images portray sexual attractiveness and there are comments related to sexual activity. 7. The advertisement contravened section (1)(i) of the Placement Code, as the advertisement is found on Facebook, a medium used by people of all ages. It should be noted only users who are registered on Facebook as being aged 18 and over can access the Smirnoff Australia Facebook page. 8. The advertisement contravened section (1)(ii) of the Placement Code, as the advertisement is found on Facebook, and is able to be viewed and commented on.

5 9. The advertisement contravened section (8) of the Placement Code, as the advertisement is found on Facebook, and is able to be viewed and commented on. A Panel Member noted some of the images on the Facebook page are from Smirnoff bars at music festivals, associating the Facebook page with music festivals that are likely to appeal to young people. The complaint is upheld. Further action The Alcohol Advertising Review Board requests the images described above be removed, and the Advertiser closely monitor the Smirnoff Australia Facebook page for inappropriate images and comments generated by fans of the page.