CSR is defined by the United Nations Industrial Development Organisation as “a management concept whereby companies integrate social and environmental concerns in their business operations and interactions with their stakeholders.” This decision clearly illustrates the type of scenario in which social responsibility can encompass environmental impacts. 

In this blog post, I will discuss the importance of the precedent set by this decision and how it reflects the growing expectation that even traditionally polluting businesses such as the car industry conduct their affairs in an environmentally and socially responsible manner.

The Advertising Standard Authority’s Decision to Ban the Toyota SUV Advertisement

The ASA is the UK’s independent regulatory of advertising across all media. It was established in 1962 to keep UK advertising “legal, decent, honest and truthful” and makes “proactive efforts to make all UK ads responsible.”

The Toyota SUV advertisements were a paid-for Facebook post and poster ad captioned, “From Active Traction Control to Hill Start Assist, Toyota Hilux, Born to Roam”. The Facebook post featured an accompanying video depicting a wide open plain with mountains either side with a “swarm” of SUV vehicles moving across this off-road landscape in unison, causing dust to rise. The SUVs then traverse a river before joining a tarmacked road with a voiceover commenting, “One of nature’s true spectacles.” The poster stated, “BORN TO ROAM” and featured two SUVs driving on a rocky incline in a savannah style landscape.

A complaint by Adfree Cities that the advertisements “condoned behaviour that was harmful to the environment” prompted the ASA to scrutinise their content. In response, Toyota commented that the cars featured in the advertisements were specifically designed for the toughest environment and certain industries such as farmers, forestry workers and park rangers had a genuine need for off-road vehicles. Toyota further explained that the use of multiple vehicles driving in a herd-like fashion through the landscape was designed to be “fantastical” and it was therefore “unlikely” that viewers would seek to replicate the advertisement in the UK countryside.

In its decision, the ASA held that “marketing communications must be prepared with a sense of responsibility to consumers and to society.” It acknowledged that the herd-like swarm of cars driving through the open landscape might be viewed as fantastical but nevertheless, “the impression given by the driving scenes and messaging in both ads was one of driving regardless of its purpose, across off-road environments and natural ecosystems which had no regard for the environmental impact of such driving. The ads presented and condoned the use of vehicles in a manner that disregarded their impacts on nature and the environment. As a result, they had not been prepared with a sense of responsibility to society.”

Analysis

The ASA’s decision is an interesting example of environmental Corporate Social Responsibility (“CSR”) in action. CSR is one measure by which a company can measure its sustainability but tends to have a more internal, qualitative focus than its counterpart, Environmental and Social Governance (“ESG”). ESG provides a framework for companies to assess their impact on society and the environment and has arguably attracted more attention than CSR in recent years due to its more quantifiable, investor-driven approach.

The ASA’s recent decision to ban the Toyota SUV advertisements for failing to uphold a sense of social responsibility to consumers and society demonstrates that CSR remains an important consideration and that business’ social responsibilities include environmental impacts. We tend to hear quite a lot these days about the obligations on businesses in respect of “greenwashing”. However, this decision demonstrates that advertising is an area where businesses are not just expected to avoid “greenwashing” the public but to prepare their advertisements in a way that is compatible with their environmental social responsibilities.

Claire Nevin is a barrister at Francis Taylor Building specialising in environmental, planning and public law.