The
ASA received 1,054 complaints, plus a further 3,296 postcards which made
up a petition organised by the Society for the Protection of Unborn
Children (SPUC), and another petition with 63 signatures. In addition
there were 327 pre-transmission complaints. As some viewers objected
that the TV ad carried a political message, because they believed the
advertisers actively campaigned to change the law on abortion, the ASA
referred those complaints to Ofcom.
Three women were featured in a TV ad for Marie Stopes International (MSI),
a not-for-profit organisation which provided sexual and reproductive
healthcare advice, information and services. First, a woman waiting at a
bus stop, looking down the road, with the onscreen text Jenny Evans
is late; then, a woman in a park with her two small children, with
the text Katie Simmons is late; and finally, a woman in a café,
with the text Shareen Butler is late. A female voiceover said:
If you're late for your period, you could be pregnant. If you're
pregnant and not sure what to do, Marie Stopes International can help.
The end caption carried the text Are you late?, a phone number,
and the website address.
Issue
Complainants included members of the public, GPs, people who offered
counselling, MPs and other representatives, and MPs who forwarded their
constituents' concerns.
The complainants objected that the ad was misleading, offensive and
harmful and queried its compliance with specific Code rules.
1. Viewers objected that the ad was offensive because: it promoted
abortion; of their religious beliefs; it trivialised the difficult
decision faced by women experiencing an unwanted pregnancy; decisions
about the life of an unborn child were being equated to decisions about
consumer goods; it would be distressing to those women who had taken the
decision to have an abortion; it did not take into account the views of
the father; it was sexist towards women by implying that the pregnancy
was solely the woman's responsibility; and by featuring a mother with
her small children, it suggested that the life of an unborn child was
less important than a woman's existing children.
2. Viewers objected that the ad was harmful because: the ad would
encourage viewers to have an abortion when they had not previously
considered that option; and, it would encourage promiscuity, especially
amongst young people.
3. Viewers objected that the ad was misleading because: it promoted
abortion, but did not make reference to the physical and mental health
risks or physical and psychological effects which could be experienced
after an abortion; the ad was illegally offering abortion on demand; it
implied that obtaining an abortion was easier than it was in reality; it
failed to mention that pregnant women who wanted advice should contact
their GPs or seek the advice of family members; and it was unclear what
services were on offer; some believed Marie Stopes offered a full range
of advice about pregnancy, whilst others believed the advertisers were
advocates for abortion.
Some viewers challenged whether MSI should be allowed to advertise on
TV, because:
4. they believed MSI was a commercial company that charged for its
services;
5. the ad promoted a Prescription Only Medicine (POM) or a medical
procedure, which they believed was not permitted by the Code;
6. the ad was for a medicinal product aimed at children;
7. the ad offered a remote personal advice service on health matters,
which they believed breached rule 8.1.3 of the Code relating to services
offering remote personalised advice on medical or health matters or
which offer to prescribe or treat remotely.
8. Some viewers objected to the scheduling of the ad at times when
children might see it.
ASA Assessment: Not upheld
1. Not upheld
The ASA acknowledged that the issue of abortion was controversial and
distasteful to some, and that the complainants had strong personal and
religious objections to the advertising of abortion services, or
services that gave advice about abortion. We also noted that many
complainants regarded the advertisers as advocates of abortion and
therefore interpreted the ad as a promotion of abortion. However, the ad
was for an advice service for women dealing with an unplanned pregnancy,
and stated that MSI could help women who were pregnant and not sure
what to do. We understood that MSI provided a wide range of advisory
and health services and advised on all options during consultations with
clients. We noted that the ad did not focus on any one particular
service offered by MSI and did not mention abortion. We therefore
considered it was an ad for a general pregnancy advice service for women
who wished to learn about and discuss their options, which might
include, but were not limited to, abortion.
We understood that post-conception decisions could be very difficult,
but considered the ad dealt with the issue of possible pregnancy in an
understated way and was not sensationalist. The women featured in the ad
looked deep in thought, and we did not therefore consider that the ad
trivialised the dilemma of an unplanned pregnancy. Whilst the ad
featured three women, we did not consider that it suggested that only
the woman would be affected, or that she should take any decisions
alone. We did not consider that the ad focused on or advocated any
particular choice or course of action over another, or put forward any
assumptions about what the women would or should do. Whilst we
recognised that any reminder of a difficult time, such as an unplanned
pregnancy, could evoke a response in someone directly affected, we
considered that the ad was unlikely to cause serious or widespread
offence on that basis.
2. Not upheld
We noted that the ad promoted a general advice line for women who
were pregnant and not sure what to do, but did not explicitly mention or
advocate abortion. We therefore did not consider that the ad promoted
abortion or would encourage women to contemplate one particular option
above any other. We noted that the ad featured three different women of
child-bearing age, but did not focus on their lifestyles or the
circumstances of any particular pregnancy in any detail. We also noted
that the women were shown in everyday settings and were not presented in
a glamorous way, and we did not consider that the ad would have a
particular appeal to young people or encourage promiscuity. We therefore
concluded that the ad that was not harmful.
3. Not upheld
We noted that the ad was directed at women who thought they might be
pregnant. We considered that it was clear that the ad was promoting the
Advice Line as a source of information for those women, and noted that
it did not advocate one option over another. We did not consider that it
suggested that pregnant women should not consult their GP or family
members for support or advice. We understood that MSI was a Pregnancy
Advice Bureau (PAB) regulated by the Department of Health and, as a
provider of services on behalf of the NHS, were obliged to offer a range
of advice on all the options available to pregnant women. We were
satisfied that any callers to the Advice Line would be advised about the
health implications of any intervention or procedure which might be
appropriate for her, in consultation with a qualified and regulated
healthcare professional. We noted the ad did not refer to abortion and
considered there was no evidence that MSI offered abortion on demand, in
conflict with the law.
4. Not upheld
We understood that Marie Stopes charged private clients for its
services, but that NHS-referred clients did not pay fees. We understood
that MSI was a charity registered with the Charity Commission and
revenue derived from its fees was not for profit, but was used to
support charitable works directly related to post-conception advice and
services, as well as family planning, contraception and other sexual and
reproductive health related issues. We considered that the ad promoted a
non-commercial advice service, and therefore concluded that MSI was
permitted to advertise that service on TV under the Code.
5. & 6. Not upheld
We noted the ad was for MSIs general pregnancy advisory service, and
that it did not refer to any medicinal product or medical treatment. We
therefore considered that the ad did not promote a POM or medical
procedure.
In addition, we did not consider that the content of the ad was
directly targeted at children, or would have a particular appeal to
children. We therefore concluded that the ad was not in breach of the
Code on these points.
7. Not upheld
We noted that rule 8.3.1 of the BCAP Television Advertising Code
stated that ads for services offering remote personalised advice on
medical or health matters were only acceptable where that advice was
provided by staff who were regulated by a statutory or recognised
medical or health professional body. We understood MSI operated within a
clear regulatory structure supervised by government. We also understood
that any caller who contacted the MSI Advice Line, and who wanted
specific advice on which healthcare option might be most appropriate for
her, would only receive advice on medical and health matters from a
registered nurse or qualified counsellor. Because we understood that the
advice was only provided by staff who were subject to regulation by
statutory or recognised medical or health professional bodies, we did
not consider that the ad was in breach of rule 8.1.3 of the Code.
8. Not upheld
We noted that the ad had been given an ex-kids timing restriction,
which meant it should not be shown on dedicated childrens channels, or
in or around those programmes on other channels made for, or
specifically targeted at, children. We considered that that restriction
was sufficient to keep the ad away from times when younger children were
likely to be watching TV alone. We did not consider that the ad needed
to be kept away from times when older children would be watching TV, and
therefore concluded that the ex-kids timing restriction that had been
imposed was sufficient.