Chapter 5: Professional Development Seminar by Semiotics Inc at one of Australia's leading law firms

www.semioticsinc.com - A Professional Development Seminar presented by Semiotics Inc.

In this chapter we analyse a Hungry Jacks and Rick Hart television commercial.

Advertisers use actors to represent members of their target audience, in the hope that the latter identifies with the actors and emulates their behaviour. The behaviour in the HJs ad involves eating a burger and lashing out at a young lady for merely being in the immediate vicinity. Is Hungry Jacks suggesting both acts are mimicked?

As published on crikey.com.au , a 2008 survey conducted by the NSW Bureau of Crime Statistics and Research showed staggering growth in violence by young women, particularly against other women. From her own research, Professor Kerry Carrington, head of the School of Justice at QUT, notes young female delinquency is also on the rise. As a possible cause for both increases, Dr Carr-Gregg suggests parents are taking the back seat and allowing television to teach their children about appropriate behaviour and morality. This leaves us with the issue of whether the HJ's audience will emulate the violent behaviour the company promotes, or, when it comes to violence against women, will Australia say "No"?

In a legal context, Hungry Jacks should also ask themselves what the ramifications of promoting violence against women might be. That is, if the "Not Too Sweet" scenario is acted out in real life, and someone is injured, will it be the advertising agency who get sued, or the client for approving the ad?

In the Rick Hart commercial, Todd Johnson, a local celebrity, emphatically states, "Every summer is getting hotter and hotter." Not 'seems to be getting hotter and hotter', 'appears to be getting hotter and hotter', or even 'feels like it's getting hotter and hotter'... But emphatically and categorically "is". Yet official data released by the Bureau of Meteorology refutes this claim.

It took 12 years for the record highs of summer 1997-1998 to be eclipsed. What's more, 2006 was a particularly cool summer. In other words, the facts show us that "every" summer is not getting "hotter and hotter".

To place the above in a legal context, stating something that is not true may give rise to a cause of action. Amongst other things, the action could be a misrepresentation in contract, the tort of deceit, or Misleading or Deceptive conduct, section 52, Trade Practices Act.

Whether Rick Hart, or any other advertiser, ends up being sued, for ostensibly lying, remains to be seen. At the moment, what is important is the lesson drawn from the above. That is, should clients trust advertising agencies with matters of legal significance? Or, should they establish a screening process to avoid winding up in court and curtail lazy and unprofessional productions?

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