14 August 2020
What you need to know
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Advertising which contains strong or obscene language may be in breach of the Australian Association of National Advertisers Code of Ethics.
What you need to do
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Ensure that any form of advertising undertaken by your business does not contain strong or obscene language.
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If you wish to use the "F" word in advertising, steer away from use of the whole word, ensure that it is light hearted and non- aggressive, perhaps is a play on words and is appropriate in the circumstances ( eg not directed at children).
In Case No 0149-20 dated 13 May 2020 the Advertising Standards Panel had to consider whether outdoor advertising in metropolitan streets in capital cities displaying an ad for "no sugar added" Dare Iced Coffee which contained the wording "Sweet F.A." was in breach of section 2.5 of the Code of Ethics (Code). This section prohibits the use of strong or obscene language.
A complaint was made about Lion Dairy & Drinks' ad due to its alleged offensive nature.
The advertiser's response highlighted that the Dare brand is known for being disruptive with an energetic attitude involving humorous and tongue in cheek advertising designed to wake people out of lethargy. They also pointed to the common use of acronyms as part of modern communication and noted that the wording complained of was an allusion to swearing. It was targeted at a mature market because the advertised product was iced coffee. They argued that the ad contained no aggression or offensive imagery and explained that it was a play on words in the context of a product which contained no added sugar.
The Panel referred to the Practice Notice relating to words and acronyms that play on the "F" word such as "WTF" and "LMFAO", which are normally considered to be acceptable if used in a light hearted and humorous way, are used in subtitle rather than in spoken word and are appropriate to the situation.
They reached the conclusion that the letters "F.A." were used in a light-hearted, non-aggressive way which was appropriate. Therefore there was no use of strong or obscene language and so there was no breach of the Code. The complaint was therefore dismissed.
A review of a selection of "F" word cases reveals several instances where such words have been found to not breach the Code including:
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WTF (0372/17,0500/17)
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BCFing (0434/16)
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Hearty A.F Soups (0153/19)
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F 'N' L ( 0261/15)
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Tell Sugar to get Fruct (0512/18)
Examples of such cases which have been in breach of the Code are:
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Starfuckers (0009/15)
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Holy Fuck (0032/11)
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F*CK That's Delicious (0513/16)
The lesson which can be drawn from the above is that light hearted puns and humorous plays on "F" words are less likely to contravene the Code.
For further information, please contact:
Lisa Ritson, Partner, Ashurst
Lisa.ritson@ashurst.com
