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1. 2. 3. 4. 5. 6. 7. Complaint reference number Advertiser Product Type of advertisement Nature of complaint Date of determination DETERMINATION 510/09 FNB 4WD Supplies Finance/investment Radio Violence Domestic violence – section 2.2 Wednesday, 11 November 2009 Dismissed DESCRIPTION OF THE ADVERTISEMENT This radio advertisement depicts a couple having a discussion. The woman whines "strewth Davo, what the hell is all that noise"? Her partner, Davo replies, "well umm ahh well the one bit is the shocker from Mikes old ute and that is the diff I found around at Robs and. The woman says, Davo!! in an annoyed tone and then there is the sound of a slap. "Get on the phone and book this thing in to FNB/4WD supplies and get the job done properly. They fit quality gear and get the job right every time not like someone I know!" Dave replies "can we get a service too, that is your panty hose that I am using as a fan belt". There is the sound of a slap and Dave says "Ouch"!. THE COMPLAINT A sample of comments which the complainant/s made regarding this advertisement included the following: Please find enclosed a letter I have written and forwarded to Radio Station 5MU. I have received no response to my complaint and the advertisement depicting physical abuse continues to be broadcast on behalf of the "F and B Four wheel drive business" I object to the verbal and physical abuse portrayed where "Cheryl" physically assaults "Davo" twice after verbally abusing him, indicating he is less than mentally able. This portrayal is contrary to current moves by the South Australian Government and social organisations to curb the level of domestic violence presumed rampant in the community without further promoting it. THE ADVERTISER’S RESPONSE Comments which the advertiser made in response to the complaint/s regarding this advertisement included the following: We believe the radio advertisement does in no way promote or imply domestic violence, but is instead a light-hearted, comical representation of a ‘couple’ we have been using throughout all our previous radio ad plays. The Davo & Cheryl advertisement has been a long running theme, and at almost every opportunity the complainant has attempted to thwart our efforts to create and provide an enjoyable and funny break in entertainment. There is currently no end date. We subscribe to a twelve month program of advertising, which provides us with the opportunity to change the content four times per year. We have no desire to change our ad at this point, although we may substitute it for a Christmas season advertisement in December. This is due to the complainant in each instance being either the owner or associate of a competing business situated in our locality. We actually get many positive comments about our advertising theme, including the current advertisement referred to, and no-one has ever aired any concerns about the content except by this business owner/associate. THE DETERMINATION The Advertising Standards Board (“Board”) considered whether this advertisement breaches Section 2 of the Advertiser Code of Ethics (the “Code”). The Board noted the complainant's concerns that this advertisement portrays verbal and physical abuse. The Board noted the advertiser's response and listened to the advertisement. The Board considered whether the advertisement was in breach of section 2.2 of the Code. Section 2.2 of the Code states: "Advertising or Marketing Communications shall not present or portray violence unless it is justifiable in the context of the product or service advertised." The Board empathised with the complainant's concerns that the advertisement was demonstrating behaviour that was of concern in the community and that the government in South Australia was taking action to re-educate people about verbal and physical abuse. The Board considered that the advertisement is suggestive of mild violence but considered that the tone of the advertisement is akin to the experience of a frustrated partner who playfully slaps her loved one. The Board considered that the advertisement is not suggestive of aggression or anger towards the other person and is not condoning or supportive of domestic violence. The Board considered that the advertisement did not breach section 2.2 of the Code. Finding that the advertisement did not breach the Code on other grounds, the Board dismissed the complaint.