Tuesday, November 28, 2017

My complaint to the ASA

Dear Reverend Weeks,

Thank you for contacting the Advertising Standards Authority (ASA) with your complaint about Virgin Atlantic Airways Ltd’s advertising.

Your complaint
I understand from your complaint that you found the ad to be offensive as it featured the ‘Hallelujah Chorus’ in a commercial context. We have assessed the ad, carefully considering the issues you raised, and we will not be taking further action.  

Our rules
Advertising should contain nothing that is likely to cause serious or widespread offence. We base our decisions on the content of the ad, when and where it appears, the audience and the type of product or service. When assessing complaints under our rules, we make judgments in areas which are subjective but we do not act if an ad is simply criticised for being in poor taste. Apart from freedom of speech considerations, even well-intentioned and thoughtful people will have different and sometimes contradictory opinions about what constitutes ‘bad taste’ or should be prohibited. We can only act if the ad, in our judgement, offends against widely accepted moral, social or cultural standards.

Our decision
We previously received a similar complaint that raised similar issues to your complaint, in that the ad featured the ‘Hallelujah Chorus’ which the complainants found to be offensive given the nature of the product advertised. In that instance, we asked the independent ASA Council (the independent jury who decides whether advertisements have breached the Advertising Codes) to consider the issues raised. While Council appreciated that the use of this music to advertise the particular product was likely to be distasteful to a portion of its audience, they considered the relevance of the music was likely to be interpreted in relation to its use of ‘Hallelujah’ more broadly, as an expression of happiness. Council considered given the lack of any religious context in the ad otherwise, the ad would be unlikely to cause serious or widespread offence.

We consider that the concerns you raise are similar to those that Council have previously considered. Whilst we appreciate your concerns, and acknowledge that some listeners may find the use of the ‘Hallelujah Chorus’ to be distasteful in relation to the selling of flights, we consider listeners are likely to understand the song has been part of popular culture for many years. We note the religious significance of the song was not referenced in the ad, and so we consider its use would be unlikely to be broadly interpreted as mocking Christian beliefs. We consider the ad would be unlikely to cause serious or widespread offence, and for these reasons, the ad doesn’t break the rules on the basis that you suggest. 

For more information about our work, please visit our website, www.asa.org.uk

Your complaint will be kept on file and will be used for future consideration. Thank you for contacting us with your concerns. 

Yours sincerely,

Laura Brewster
Complaints Executive
Direct line 020 7492 2245

Advertising Standards Authority
Mid City Place, 71 High Holborn
London WC1V 6QT
Telephone 020 7492 2222

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