BMW in breach of advertising code

The Advertising Standards Board has handed down a determination against BMW's cinema advertisement for the 2 Series coupe.

According to the ASB the advertisement is in conflict with the FCAI code governing automotive advertising in Australia, by displaying "unsafe driving".

BMW had re-edited a US advertisement for the 2 Series originally two minutes long, for the purpose of promoting the new model through cinemas around Australia. According to the manufacturer, the Aussie version for cinema-goers had been reduced to 45 seconds and featured a local soundtrack.

A complainant submitted to the ASB that the ad for Australian consumers presented "typical hoon activity" through "accelerating at speed" and "significant loss of traction" culminating in "360s" shown on screen.

"I consider it portrays an unfavourable message, contrary to safe and sensible driving," the writer concluded.

BMW's response was predicated on the lack of actual evidence in the ad that the car was speeding, although the company acknowledged that camera angles, visual effects and the locally-sourced background music likely contributed to the perception the car was driven faster than in reality.

Furthermore, BMW argued, the ad was shot on private property and the campaign was due to conclude in cinemas with effect from April 17 anyway. The importer had cleared the video with advertiser Val Morgan before it was shown in cinemas and indicated it considered the complaint was "frivolous".

For its part the ASB didn't see things in quite the same light. The board, assessing the ad in accordance with the applicable FCAI code, found no basis to uphold the complaint under clause 2(b) of the code: "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."

However, the ad was deemed to be in contravention of clause 2(a): " motor vehicles do not portray ... unsafe driving, including reckless or menacing driving that would breach any Commonwealth law or the law of any State or Territory..."

While the donuts performed during the ad were on unsealed roads and there was a disclaimer clearly stating that the vehicle shown was an overseas model, it was the tyre tracks left behind on sealed bitumen after a fast launch that appear to have done in the 2 Series.

The complaint was thus upheld and the determination was officially handed down on April 23 – six days after the advertising campaign ended.

But you can still see the ad on BMW's YouTube channel.