An Auto & General (A&G) commercial depicting the 2017 Knysna fires does not transgress the Code of Advertising Practice’s prohibition against offensive advertising, the Advertising Regulatory Board (ARB) ruled last week.
The ARB received complaints that the advert was insensitive and offensive in its portrayal of a tragic event for promotional purposes.
The commercial opens with photographs and video of firefighters in the midst of a massive fire, with sirens echoing. A caption reads, “Knysna, 2017”, and a voice says, “Flames like 20 metres high.” The on-screen text reads: “We were there.”
The voice says, “There’s nothing left” over more scenes of fire and destruction.
The text reads: “When hundreds of families lost everything…” The visuals show a burnt-out house, with the sound of a woman sobbing.
The commercial cuts to a black screen again, with the backing song “I’ll stand by you” and text reading, “We gave it all back”.
It then cuts to images of houses being rebuilt. Further text says, “We paid every claim in just seven days.”
The final text says, “When suddenly happens, who’s there for you?” It then cuts to the Auto & General logo, with a voice-over saying, “We’re never not there.”
One complainant, whose family and mother-in-law were victims of the Knysna fires, said the advert’s visuals and voice clips triggered post-traumatic stress disorder, recalling the distressing emotions and experiences from the disaster.
Another complainant found it “despicable” that the advert reminded families of their loved ones’ tragic deaths during the fires, without any warning, and deemed it offensive that these reminders were used for the advertiser’s financial gain. The complainant also criticised the use of the song “I’ll stand by you”, calling it hypocritical.
Highlighting support for customers
In its response to the ARB, Auto & General said the ad was not intended to be offensive or to instil fear. Instead, its purpose was to highlight the insurer’s assistance to customers during the Knysna fires by paying all related claims promptly.
The company noted that the Knysna disaster was widely documented in the media, and the ad realistically portrayed these events to highlight the positive role of A&G’s service.
The insurer said it conducted significant research into the event and obtained consent from individuals for the images and videos used.
Beyond paying claims, A&G said it provided 24-hour personal assistance for customers in Knysna and offering free trauma counselling to all customers affected. In addition, A&G donated to the Pick n Pay Foundation to assist with the purchase of necessities for those who had lost their homes in the fires, as well as supplies for the fire fighters.
A&G said the ad was developed with thought, empathy, and consideration for those affected by the fires.
It submitted that the ad did not offend against good taste or decency. It was intended to portray real events respectfully, demonstrating A&G’s commitment to helping customers recover.
A&G is an ARB member
As a preliminary matter, the ARB’s Directorate said A&G submission that it is not a member of the ARB is incorrect. A&G is a member of the South African Insurance Association (SAIA), which became a member of the ARB in December 2023. SAIA members are bound by the ARB’s decisions.
Offensive advertising clause
The Directorate considered whether the commercial violated clause 1 of section II of the Code of Advertising Practice, which deals with offensive advertising.
The clause states: “No advertising may offend against good taste or decency or be offensive to public or sectoral values and sensitivities, unless the advertising is reasonable and justifiable in an open and democratic society based on human dignity, equality, and freedom.”
The clause further states: “In considering whether an advertisement is offensive, consideration will be given, inter alia, to the context, medium, likely audience, the nature of the product or service, prevailing standards, degree of social concern, and public interest.”
Any depiction of the fires will be triggering
The Directorate said insurance, as a business offering, covers policyholders from the worst outcomes that occur in life, including loss, illness, or death. To illustrate the circumstances in which insurance is necessary, these unfortunate life events are referred to in advertising.
However, this is not a licence to offend people. “Insurance companies need to exercise caution in how they handle traumatic events in advertising.”
The question therefore was whether A&G’s commercial “has been handled with sufficient consideration” for people who are understandably traumatised by the Knysna fires.
The Directorate found that the images in the commercial were not offensive or overly graphic.
Although the Directorate said it experienced some discomfort at the sounds of a sobbing woman being played over the visuals of the destroyed home, it was not convinced this was so disturbing as to be offensive.
Referring to A&G’s submission that it obtained permission from its clients to show the images, the Directorate said it must be assumed that the people whose homes are portrayed, and therefore would be the most traumatised by the commercial, have given their permission.
It was also relevant that the message of the commercial is that A&G paid out every claim arising from the fire within seven days. “Since this is the purpose of the commercial, it is appropriate to highlight the backstory that led to this outcome,” the Directorate said.
Furthermore, the disaster was well documented in the media, which meant the public was familiar with the events, so exposure to the images was not furthering anyone’s knowledge of a tragedy.
The Directorate did think A&G could have found a way to communicate its service in respect of the Knysna fires in a less emotive manner. “However, it also has to be accepted that the story is automatically an emotive one, and that any depiction would have been triggering for some viewers.”
The Directorate was “extremely sympathetic” to consumers who felt concerned about the depiction of the Knysna fires.
“However, given the nature of insurance, almost every advertisement for these products will be triggering to someone – whether a person who has recently experienced a burglary, or the loss of a loved one, or even the non-payment of an insurance claim. The content needs to be considered objectively, from the point of view of the hypothetical reasonable person.”
The Directorate therefore dismissed the complaints.
