Note: This advice is given by the CAP Executive about non-broadcast advertising. It does not constitute legal advice. It does not bind CAP, CAP advisory panels or the Advertising Standards Authority.
The acceptability of language in marketing communications usually varies according to the word, the medium used and other factors that might affect the context of the message. For example, the ASA has judged ”bloody'” ”shag”, ”slag”, ”piss”, “pee” and ”balls” to be acceptable in a variety of media (Vodafone UK Ltd, 10 October 2007; Virgin Megastores, 20 April 2005; Shepherd Neame Ltd, 29 December 2004; United International Pictures, 19 November 2004; Twentieth Century-Fox Film Company Ltd, 15 September 2004, and Terra Footwear, 4 January 2002). Marketers are nevertheless urged to take care when using expletives and should note that even mild swearwords can offend in certain circumstances. For example, the ASA considered complaints about the phrase "WHERE THE BLOODY HELL ARE YOU?", concluding that its acceptability depended on the media in which the ad appeared. In newspapers and targeted media, the ASA ruled that it was acceptable but, because posters were likely to be seen by children, the claim was considered unacceptable (Australian Tourist Board t/a Tourism Australia, 28 March 2007).
Consumer research conducted by the ASA and others, however, has shown that some expletives, including ”wanker”, ”fuck” and “cunt” are so likely to offend that they should not be used at all in marketing communications even when they are relevant to the name of the product (All Tomorrows Parties Ltd, 23 April 2008; Hotel California, 9 April 2008; Chrisfuckinjones.com, 31 October 2007; The South Bank Board Ltd, 3 October 2007; Monstermob Ltd, 16 June 2004, and Elektra Records 11 February 2004).
Similarly, ads that do not state expletives but use words or symbols that are intended to be read or misread as swearwords might breach the Code (French Connection Group Plc, several breaches from 9 July 1997 to 12 January 2005; Discovery Ltd, 30 March 2005, and Ryanair Ltd, 4 February 2004). The ASA upheld complaints about the use of the word "MOTHERSUCKER" in a poster. The ASA noted the ad did not make explicit use of an expletive but considered that the word was likely to cause serious or widespread offence and harm to children (ITV, 4 January 2006).
In addition to the word used, the ASA will take into account a variety of other factors when considering whether a marketing communication featuring a swearword is likely to cause serious or widespread offence. Those factors include: whether the word is in common parlance (Greenpeace, 29 April 2002); the general tone of the marketing communication (Samaritans, 25 June 2003, and Telewest, 27 February 2002); the way and context in which the word is used (Unilever Bestfoods UK Ltd, 28 August 2002, and Telewest, 27 February 2002); the choice of medium and the likely audience (Brookman Lawyers, 12 September 2001) and the word's relevance (if any) to the advertised product (Virgin Megastores, 20 April 2005). Charities using strong language might get away with a little more leniency. For example, in 2007, the ASA rejected complaints about a broadsheet campaign to raise awareness of Barnado’s work. The ad claimed “He told his parents to f**k off. He told his foster parents to f**k off. He told fourteen social workers to “f**k off. He told us to f**k off. But we didn’t ….” (Barnardo’s, 22 August 2007).
Marketers should bear in mind that a word can have a very different impact when used in a different context. For example, the ASA did not investigate complaints when Unilever described Pot Noodle as being “the slag of all snacks” but upheld complaints when the claim changed to “Hurt me you slag” (Unilever Bestfoods UK Ltd, 28 August 2002). The ASA considered the allusion to sexual violence unacceptable (See ‘Sexual Violence’).
Words that are not normally swearwords can nevertheless offend. The ASA upheld complaints about “Let the Gas Showroom stick something warm in your hearth-hole!” (The Gas Showroom Ltd, 30 August 2006); “Grinding, Banging, Stripping, Spreading, Screwing, Sucking, Swivelling, Vibrating, Pumping … Job Done” (Balloo Hire Centre Ltd, 22 November 2006) and “Poker in the front … Liquor in the rear” (Bet United Ltd, 17 October 2007).
See other entries under ‘Taste and Decency’, especially ‘Sex, Sexual Orientation and Sexism’.
Last modified : 01 July 2010