Tips for treating mental health responsibly in ads

Mental health is a widespread issue; 1 in 4 people will experience a mental health problem of some kind each year in England. Therefore, it is important to ensure that advertisements treat mental health responsibly and are sensitive to their audiences.

Firms who advertise products such as life, health, or medical insurance will have an audience which is seeking cover to gain security and reassurance in difficult times and should take particular care when considering if such advertisements could be detrimental to vulnerable people. This article will highlight things to consider when ensuring ads treat mental health sensibly and responsibly.

Be mindful of your social responsibility.

Rule 1.3 of the Advertising Standards Authority’s (ASA) Code states ‘Marketing communications must be prepared with a sense of responsibility to consumers and to society.’ Therefore, any reference to mental health in ads should be approached with due consideration to a firm’s social responsibility, taking care to ensure that ads do not cause widespread offence or harm to those affected.

In 2019, a life insurance provider released an ad featuring an image of a laughing skull with a strapline “life insurance to die for”, which the ASA deemed to have trivialised suicide. This would be likely to cause offence to those personally impacted by suicide and is arguably socially irresponsible as it could, at the very worst, minimise the seriousness of suicide and discourage people from seeking help or opening about their struggles.

When advertising life insurance it is difficult to avoid the sensitive subject of death. Content related to death is often distressing but can be especially upsetting for those who have recently lost a loved one. Firms should ensure that any advertisements touching on death are sensitive, tasteful, and do not cause unnecessary distress.

Avoid causing fear or distress.

Firms should consider that those affected by mental illness may find certain imagery traumatic, and that it may trigger negative emotions. Note the ASA Rule 4.2 that: ‘Marketing communications must not cause fear or distress without justifiable reason; if it can be justified, the fear or distress should not be excessive. Marketers must not use a shocking claim or image merely to attract attention.’

Advertisements should therefore not exaggerate risks or harm that could be caused by the viewer not buying the product or service being advertised, particularly if targeting customers who are elderly or vulnerable.

In 2022 the ASA upheld a complaint against a health insurance add which read: "There are more patients for the NHS to treat than ever before, and the system is at breaking point. This means you simply can’t be guaranteed the treatment you need in good time, and any condition you have now could quickly worsen.” The ad focuses on worst-case scenarios, emphasising the risks associated with not having access to private health services through insurance, such as serious health conditions worsening, and makes unsubstantiated claims about NHS capacity without further explanation. As the ad implies that state care would be unavailable if needed, which would be likely to invoke fear, it utilises fears and anxieties to market its product as the only viable solution.

Take care to avoid causing offence

Rule 4.1 states that ads should not cause serious or widespread offence on the grounds of disability, as well as other ‘protected characteristics’ defined by the Equality Act 2010. Whilst not all health problems are classed as a disability firms should avoid referencing mental health conditions in a way that could result in serious or widespread offence.

The closer a reference is to a specific mental health condition, the more likely it is that it will be understood as a comment on that condition and risk causing harm or offence.

Consider Treatment claims

Note that when advertising health products (including therapies), there are several conditions that must only be referred to if the advice or treatment will be conducted under the supervision of a suitably qualified health professional (ASA Rule 12.2), including certain mental health problems.

In 2022, a complaint regarding paid-for Facebook post for a private online counselling and therapy provider was upheld by the ASA after the ad was deemed irresponsible as it risked having the effect of dissuading consumers from seeking therapy through their General Practitioner (GP) and the NHS. The ad implied that consumers may not be treated sympathetically by their GP and the NHS and would have to wait for long period to receive help for serious mental health conditions.

Therefore, ads should accurately reflect claims regarding treatments, and not risk discouraging people from seeking treatment elsewhere, potentially to their detriment.