The ASA1 has published its list of the most complained-about adverts of 2016 and, similar to 2015, it is established reputable companies that dominate the ASA's "Top 10" list.
Interestingly, each of the top 10 adverts was complained about on the basis that such adverts caused "offence". According to the ASA this contrasts with the fact that in excess of 70 per cent of the complaints that are received by the ASA are on the grounds that such adverts are misleading. Further, of the 10 most complained-about adverts, nine were in respect of television adverts.
| Position | Advert | Decision | Complaints Received |
| 1 |
Moneysupermarket.com: Ad featured a man
dressed in a suit and sunglasses, dancing at a rally. Complaints were received stating that the dancing was overtly sexual and offensive. |
Not upheld | 1063 |
| 2 | Moneysupermarket.com: Ad
featured a man dressed in suit jacket, denim shorts and high heels,
and another character, dressed in a jacket and hard hat. Complaints were received stating that the ad was offensive, overtly sexual and homophobic. |
Not upheld | 895 |
| 3 | Match.com: Ad featured
two women passionately kissing. Complaints were received stating that the ad was sexually explicit, offensive and inappropriately scheduled. |
Not upheld | 810 |
| 4 | Moneysupermarket.com: Ad
featured two men dancing in an underground car park. Complaints were received stating that the ad was overtly sexual and offensive. |
Not upheld | 503 |
| 5 | Paddy Power: Ad featured
two teams of blindfolded men playing football and one man kicking a
cat that had run on to the pitch after mistaking it for the
ball. Complaints were received stating that the ad encouraged cruelty to animals. |
Not upheld | 450 |
| 6 | Smart Metering: Ad
showed cartoon characters in a number of scenarios within a house
(for example, one character being burnt by a toaster). Complaints were received stating that the ad was excessively violent. |
Not upheld | 253 |
| 7 | Paddy Power: Ad showed a
group of people singing that the Scottish football team had failed
to qualify for a football tournament and that the England football
team would lose in the competition. Complaints were received stating that the ad was racist and offensive. |
Not upheld | 220 |
| 8 | Home Office: Ad
launched a "Disrespect Nobody" campaign to inform people
about domestic abuse and featured various domestic abuse
scenarios. Complaints were received stating that the ad implied only men engaged in abusive behaviours. |
Not upheld | 216 |
| 9 | Gourmet Burger Kitchen:
A series of ads featured wording which stated: "You'll
always remember when you gave up being a vegetarian." Complaints were received stating that the ad was offensive. |
Not upheld | 195 |
| 10 | Mars Chocolate: Ad
featured a woman in a wheelchair discussing how her disability
caused her to have a spasm during a romantic encounter. Complaints were received stating that the ad was offensive to disabled people and overtly sexual. |
Not upheld | 151 |
As can be seen above, the number of complaints received does not appear to be a key consideration for the ASA when deciding whether a complaint should be upheld, as none of the "Top 10" most complained-about adverts was found to breach advertising regulations.
Further, as each of the adverts was complained about on the basis of being "offensive", this required the ASA to exercise subjectivity in its deliberations. The ASA found that a number of adverts sought to present a positive statement about diversity (even though complaints were received stating the opposite) and that in all the cases (set out above) the ASA determined that such adverts would generally be seen in a positive light.
As is often the case, advertisers need to strike the right balance between high-impact advertisements and compliance with advertising regulations. Many of the most memorable adverts are controversial. However, despite not being in breach of advertising regulations, the fact that hundreds (and sometimes thousands) of complaints are received in respect of an advert can have an adverse effect on the reputation of a company and can involve a company deploying extensive resources in responding to complaints.
Footnotes
1 The ASA (the Advertising Standards Authority) is the UK's independent regulator of advertising across all media. The ASA applies the advertising codes, which are written by CAP (the Committee of Advertising Practice).
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