In a new Help Note for advertisers on Religious Offence, CAP – the industry body that writes the rules for non-broadcast advertising - outlines the challenges a diverse society poses to marketers who wish to avoid offending the public but who may be unaware of what causes particular hurt to people of different backgrounds.
The risk of causing offence is highlighted by a case launched in the US against Southwest Airlines after 22 year-old flight attendant Jennifer Cundiff recited over the aircraft's intercom, "Eenie, meenie, minie, moe, Pick a seat we gotta go."
Two African American passengers (both of whom were still to pick a seat) interpreted this as a reference to the nursery rhyme made famous during the US Civil Rights movement, "Eenie, meenie, minie, moe, Catch a nigger by his toe."
They were so offended that they sued the airline, seeking unspecified damages. One woman claimed to be bedridden for three days and says she has suffered "unexplained memory gaps" ever since.
CAP is the industry side of the self-regulatory regime for non-broadcast advertising. Breaking the CAP Code can get advertisers into trouble with the ASA. The Help Note is a response to ASA research into what constitutes serious offence.
In particular the guidelines warn marketers that the following may all cause serious or widespread offence:
The guidelines stress that it is not the aim of the ASA to make advertising a religion-free zone. The Help Note makes a distinction between light-hearted depictions of religion and disrespectful ones.