BMW Group Australia has been forced to discontinue its latest Pay TV advertisement after Ad Standards upheld a complaint that the ad breached the Federal Chamber of Automotive Industries (FCAI) Motor Vehicle Advertising Code.
The decision, handed down on 20 November, centres on concerns of unsafe driving portrayed in the commercial, including a car skidding near the edge of a pier and another becoming airborne. The Panel determined that such scenes promoted unsafe and illegal driving behaviour, breaching Clause 2(a) of the FCAI Code, which prohibits depictions of driving that contravene road safety regulations.
The Advertisement
- The TV ad showcased various BMW vehicles being driven across diverse locations, featuring:
- A car skidding at the end of a cement pier, with visible wheelspin and smoke,
- A vehicle driving up a ramp and becoming airborne,
- Four cars driving side-by-side on a public road.
- The complainant described the scenes as depicting “burnouts, wheelies, and airborne driving,” actions classified as serious traffic offences in all Australian jurisdictions. They also drew comparisons to a previous Volvo ad that was ruled against two decades ago for similar depictions.
BMW’s defence
In response, BMW Australia denied breaching the code, arguing that the ad was creatively edited to include historical footage and fantasy elements. The carmaker highlighted the inclusion of an airborne scene taken from a Guy Ritchie-directed action film featuring actor Clive Owen, asserting that the context clearly signalled a fictional and stylised narrative.
The Ad Standards Panel ruled that these scenes breached Clause 2(a) of the FCAI Code, which states that ads must not portray unsafe driving or reckless behaviour.
BMW maintained that:
- The skidding vehicle demonstrated a “controlled skid” rather than an unsafe burnout,
- The airborne scene was rooted in fantasy, a creative device acknowledged by the FCAI Code as permissible when not undermining safety messaging.
- BMW further argued that current-day models depicted in the latter half of the ad complied with road rules, reinforcing responsible driving behaviour.
Ad Standards decision
The Ad Standards Community Panel ultimately disagreed with BMW’s reasoning. It concluded that:
The skidding scene near the edge of a platform was dangerous, as non-professional drivers could interpret it as achievable and attempt to replicate it.
The airborne vehicle scene did not clearly differentiate itself as fantasy, with many viewers unlikely to recognise its origin as a movie scene. The use of the superimposed word “here?” over the footage further integrated the moment into the ad’s broader message, undermining claims of clear exaggeration.
The Panel ruled that these scenes breached Clause 2(a) of the FCAI Code, which states that ads must not portray unsafe driving or reckless behaviour.
BMW Australia has accepted the Panel’s decision and will discontinue the advertisement effective the week commencing 9 December 2024. The carmaker also indicated a willingness to modify the ad by including subtitles referencing the fictional origin of certain scenes, should the need arise in future campaigns.