- The Advertising Regulatory Board (ARB) upheld a complaint against Kia South Africa's Kia Tasman television commercial.
- The regulator found that viewers could initially believe the shaking characters had a neurological disorder.
- Kia was instructed to remove or amend the advert.
A Kia Tasman television advert showing people shaking uncontrollably must be removed or amended after the Advertising Regulatory Board (ARB) found viewers could initially mistake the characters for people living with a neurological disorder.
The regulator upheld a consumer complaint, finding that although the commercial eventually explains the shaking as the result of rough-riding bakkies, its opening scenes create a misleading first impression. The ARB instructed Kia South Africa to remove or amend the advert immediately as deadlines permit.
Concerns raised about Parkinson's disease
A consumer lodged the complaint, saying the commercial closely resembled symptoms associated with Parkinson's disease and other neurological disorders. The complainant, who has a close family member living with Parkinson's disease, described the advert as deeply upsetting, insensitive and inappropriate.
The complaint explained that Parkinson's disease is a serious and debilitating condition that affects not only those diagnosed but also their families and caregivers. The complainant argued that using movements resembling the condition for humour or entertainment risks mocking or trivialising people living with neurological disorders.
Kia says advert is about ride quality
Kia South Africa denied that the commercial depicted Parkinson's disease or any other neurological disorder.
The company said the shaking was intended to represent the uncomfortable ride experienced in older bakkies on South African roads. It pointed to scenes showing a rattling exhaust pipe, saying they deliberately linked the characters' shaking to the vehicles rather than to a medical condition.
Kia also submitted an opinion from an advertising law specialist who reviewed the advert before it aired and concluded that it amounted to permissible advertising hyperbole that could not reasonably be interpreted as depicting Parkinson's disease.
The company further argued that the commercial made no reference to any illness, that the shaking shown was physically different from a Parkinson's tremor, and that the advert clearly contrasted older bakkies with the smoother ride offered by the Kia Tasman under the slogan Built for rough. Tuned for smooth. Kia also noted that there had been no widespread public offence following the advert's release.
First impressions matter
The ARB accepted that Kia did not intend to depict Parkinson's disease or any other neurological disorder. The directorate said there was no intention to depict Parkinson's disease or any other neurological disorder and that, when viewed as a whole, a reasonable consumer would understand that the characters were not suffering from such a condition.
However, the ARB found that viewers first saw people shaking uncontrollably before any explanation was provided, making it reasonable for some to believe they were witnessing the symptoms of a neurological condition.
The directorate also found that the later explanation did not undo the initial impression created by the commercial.
According to the regulator, a reasonable viewer would likely wonder why the characters were shaking and could initially conclude that they were experiencing a neurological disorder.
Humour crossed the line
The ARB also rejected Kia's argument that the commercial should be protected because it relied on parody or advertising hyperbole. The regulator said those creative devices do not shield adverts from scrutiny where the subject matter is likely to offend.
The directorate said it does not regard the depiction of a neurological condition as offensive in itself. However, when the apparent symptoms of such a condition are used as the basis for humour, and the product is presented as the antidote to those symptoms, the commercial may be perceived as making light of them.
The directorate concluded that the advert was likely to offend people affected by neurological conditions and therefore breached the Code of Advertising Practice, which prohibits advertising that offends public or sectoral values and sensitivities.
The ARB upheld the complaint and instructed Kia South Africa to remove or amend the commercial immediately as deadlines permit.
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