Note: This advice is given by the CAP Executive about non-broadcast advertising. It does not constitute legal advice. It does not bind CAP, CAP advisory panels or the Advertising Standards Authority.
Religion is potentially an extremely sensitive subject. References to religion in marketing communications, even humorous ones, have the capacity to cause serious offence. Most of the ASA’s past decisions on religious offence relate to references to Christianity (a relatively small number concern other religions). Those decisions tend to treat Christianity as more robust and more able to withstand humorous references without causing serious or widespread offence, reflecting society showing more latitude towards references to Christianity because its language and symbols have passed into mainstream culture. It is quite common for the ASA to receive complaints about Christian imagery in and around Christmas, Easter etc. For example, an ad for a solicitors featuring Father Christmas and claiming readers could “get cash by Christmas” was accused of being offensive because it linked compensation with Christmas, a time traditionally associated with goodwill. The advertisers considered the image of Father Christmas was non-religious and the ASA agreed that it was unlikely to be seen as mocking Christian beliefs (McAlinneys, 2 February 2011). Similarly, an ad featuring an image of the Virgin Mary holding a disco ball and the claim “... Guilty pop pleasures. For sinners. Pop confessional...” was not upheld. The ASA accepted the ad was intended to light heartedly play on the idea that enjoying certain types of music was something people were ashamed to admit. Although the notions of sinning and confession originated from a religious context, the ASA considered that they had become embedded in secular society with a wider application. It concluded that the ad did not portray religion negatively, and considered that most of the young and fashionable audience were unlikely to be offended (Daybrook House Promotions Ltd, 26 January 2011).
Plays on words, such as “the second coming” (Festival Erotique, 17 November 2004) and various quotes from the Bible (lastminute.com, 7 January 2004) are generally considered acceptable, as is religious imagery as long as it does not disrespect or mock religion. Da Vinci’s “Last Supper” has been used in several ads and, although it has received complaints, the ASA rarely upholds them. But, in 2006, the ASA considered that changing The Last Supper to show Jesus in a casino and his apostles playing roulette was likely to offend. One campaign that over-stepped the mark was considered acceptable in the press and on posters but unacceptable in TV. Although the ads were similar (they used phrases such as “Thy will be done”, “ghd - a new religion” and changed the letter ‘T’ to parody a crucifix), the ASA considered the TV ad went too far. It concluded that pseudo-erotic images of the women apparently in prayer, in conjunction with religious symbols such as the votive candle and the rosary beads, the use of the phrase “thy will be done” from the Lord’s Prayer and the image of the letter ‘t’ as the Cross of Jesus, were likely to cause serious offence, especially to Christians (Jemella Ltd, 10 October 2007 and 12 March 2008). The lesson here is that, although each individual elements of an ad might not offend, the cumulative impact can tip the balance.
As with light-hearted humour, the use of religious images and words is often acceptable as long as it is not mocking, disrespectful or contrary to central or sensitive Christian beliefs. A good example was an ad, placed in the run up for Christmas, for the morning-after pill. It was headlined “Immaculate Contraception?” and generated over 180 complaints by mis-using a fundamental Catholic belief (Schering Health Care Ltd, 22 December 2004). Similarly an ad featuring a pregnant nun with the text "Immaculately Conceived ... ICE CREAM IS OUR RELIGION" was also found to have distorted and mocked the beliefs of Roman Catholics (Antonio Federici 15th September 2010). Regrettably, the approach used by this last advertiser, Antonio Federici, has resulted in several ads being withdrawn. As well as the pregnant nun, other images found to offend have been a priest and a nun about to kiss (Antonio Federici, 27 October 2010 and 1 July 2009).
It is important to consider where the ad is likely to appear. Complaints about an ad in a trade magazine were rejected because the depiction of a prawn in a manger was likely to be seen as light-hearted by readers of The Grocer (The Big Prawn Company, 31 January 2007). Other factors to consider might include when the ad appeared: consumers might be more sensitive to religious words and images around the time of religious festivals.
In 2006, the ASA considered complaints about a Gay Police Association national press ad that highlighted an increase in homophobic incidents, where the sole or primary motivating factor was the religious belief of the perpetrator"; the ad was headlined "in the name of the father" and showed a photograph of a Bible next to a pool of blood. Over 550 complainants believed the ad implied that Christians were the perpetrators of the reported incidents. The ASA agreed the ad was likely to offend Christian readers (Gay Police Association, 18 October 2006).
References to non-Christian religions can be more likely to cause serious or widespread offence either because of a lack of understanding of what might offend their followers or because non-Christian faiths are less established in the UK and might need to be treated with more sensitivity (Le Redoute (UK) Ltd, 4 August 2004). Regardless of the religion, marketers should take care when referring to religion in an advertisement. They should ensure that they consider carefully the tone used and, if necessary, research the likelihood of marketing communications causing serious or widespread offence to followers of the faiths concerned.
The ASA occasionally receives complaints that ads containing nudity are unsuitable to be shown near places of worship and marketers are advised to be careful with their choice of poster sites.
Although religious offence accounts for few complaints to the ASA, the offence caused can be very serious. CAP has issued a Help Note on Religious Offence, which covers these topics:
- The sacred: aspects of religion that are so sacred their depiction is likely to break the Code;
- Christianity and common culture: tolerance that extends to the use of Christian images and words;
- Non-Christian faiths: the need for greater sensitivity towards minority faiths;
- Language: ecclesiastical language and what might or might not offend;
- Sex and Religion: the use of sexualised images;
- Location, context, timing and media: where and when to avoid advertising, for example posters showing nudity close to places of worship;
- Relevance of product;
- Humour: whether humour gets round offence and
- Cause-related advertising: is it acceptable for charities and the like to use religious images to generate interest?
Last modified : 12 March 2012