Wind farm advertising wars in the UK

1. Wind farm advertising warsin the UK David R. Jones, Editor Platts Renewable Energy Report EWEA 2011 March 17, 2011

2. UK Wind Farm Advertising Wars • UK Advertising Standards Authority • Established by the UK advertising industry as an independent organization "to police the rules laid down in the advertising codes." Wields broad influence – but not statutory power – to regulate all types of advertising, from TV commercials to magazine ads to leaflets • Has authority to crack down on misleading ads, both commercial and non-commercial

3. UK Wind Farm Advertising Wars • Advertising regulation in other countries • US – Federal Trade Commission regulates national commercial ads but no oversight of local advocacy advertising • France – ARRP. Industry self-regulation. Clears all final TV commercials before broadcast • Germany – Wettbewerbszentrale focuses on unfair competitive practices

4. UK Wind Farm Advertising Wars • Conducting the study • Search using the keyword "wind" of all adjudications on ASA's website from 2004 – the first year for which online records are available – to late 2009 • A total of 35 disputes involving pro- and anti-wind farm advertising were adjudicated by ASA involving 128 challenges to specific claims

5. UK Wind Farm Advertising Wars • Regulators have cited both wind farm proponents – primarily project developers and utilities – and critics, most of them local community organizations, for advertising that ASA said failed to meet advertising standards, such as truthfulness, substantiation and environmental claims • But anti-wind energy campaigners are far more likely to run afoul of industry regulators

6. UK Wind Farm Advertising Wars • 11 cases of misleading advertising involving a total of 63 challenges to anti-wind farm advertising have been filed with ASA • Nuon Renewables, Ecotricity and Your Energy are among the project developers that have filed complaints against wind farm opponents • The authority upheld 55 of the 63 challenges to anti-wind farm advertising – more than 85%. In some instances, ASA directed wind farm opponents to cease their advertising

7. UK Wind Farm Advertising Wars

8. UK Wind Farm Advertising Wars • Anti-wind farm campaigners have repeatedly run into problems with claims about the alleged damage that wind farms cause to human health and to property values • RUNGA (Are You Naïve, Gullible, Apathetic) in Norwich published two leaflets in opposing a planned Ecotricity wind farm in South Norfolk. The group warned residents that “your property would be devalued by between 15% to 20%,” “your sleep will be affected” and that “the constant noise (24 hours a day) will be heard up to 5 miles away.” • Ecotricity challenged 10 of the claims, and RUNGA declined to respond to any of the them. ASA upheld all 10 challenges.

9. UK Wind Farm Advertising Wars • 2008: Nuon Renewables vs STOP Swinford Wind Farm Action Group • Nuon filed a complaint challenging 10 claims in two SSWFAG newsletters and a magazine advertisement published in opposition to proposed Swinford Wind Farm • Opponents claims: “YOUR HEALTH IS AT RISK … particularly for sufferers of asthma and or epilepsy” and warning of a “DROP IN HOME VALUE/SALEABILITY” of up to £15,000 (capitals in original)

10. UK Wind Farm Advertising Wars • 2008: Nuon Renewables vs STOP Swinford Wind Farm Action Group • ASA upheld all 10 challenges to STOP claims. Ruled opponents had failed to provide sufficient evidence of links between wind farms and health problems or loss of property values • Also found claims about wind turbine noise, turbine vibrations and that sound from turbines could affect learning by students at a nearby school were misleading

11. UK Wind Farm Advertising Wars • “The ASA initially told the SSWFAG that they were upholding eight out of the ten. However, when the final verdict came through they upheld all 10 (You can bet Nuon worked very hard to get those converted)” • – December 8, 2008 SSWFAG response to ruling

12. UK Wind Farm Advertising Wars • "SSWFAG has no comment to make on this matter.“ • – October 29, 2009 SSWFAG response to Platts email asking whether it any evidence that Nuon attempted to influence ASA’s decision

13. UK Wind Farm Advertising Wars • Challenges to pro-wind energy advertising • More than twice as many complaints alleging advertising distortion have been made against wind farm advocates than against anti-wind farm campaigners • While the overwhelming majority of challenges to opponents' statements were affirmed, less than a third of challenges to pro-wind farm claims were upheld

14. UK Wind Farms Advertising Wars

15. UK Wind Farm Advertising Wars • Only one case has involved nationwide advertising, a controversy over an advertisement placed by Danish wind turbine manufacturer Vestas Wind Systems in the national press • The advertisement, contested by an unnamed complainant, challenged whether Vestas could substantiate its claims that the company’s wind turbines generate more than 50 TWh annually

16. UK Wind Farm Advertising Wars • Vestas won the ruling, apparently by keeping its claims modest. • "Vestas had taken a number of precautions to try to ensure that the estimated data for the turbines for which they did not have specific data was not overestimated. We noted they had used a capacity factor of 0.21 for the estimated data to ensure they underestimated the figure.“ • – ASA adjudication, January 2008

17. UK Wind Farm Advertising Wars • A setback for wind farm advertising • A 2007 complaint against RWE npower/npower renewables marked anti-wind farm campaigners' best performance in contesting wind farm advocacy • ASA upheld six of the seven challenges to RWE npower's advertising brought by the group Bozeat and Lavendon Oppose Turbines

18. UK Wind Farm Advertising Wars • Among its challenges, BLOT successfully contested an npower renewables claim that has dogged pro-wind farm advertising – the assertion that wind turbine deployment will produce specific reductions in CO2 emissions compared with other power generation sources • RWE npower was also directed to withdraw claims about wind power displacing fossil fuels in a separate 2007 complaint, while two other complaints that year were upheld against Your Energy Ltd advertising claims about fossil-fuel displacement

19. UK Wind Farm Advertising Wars • Advertising battles in the UK continue • February 2010 – All three challenges upheld in complaint about ad claims by anti-wind farm group in Worcestershire. Also, challenge upheld to Ecotricity direct mailing favoring proposed wind farm • March 2010 – Challenge dismissed to E.ON Energy radio ad saying that wind energy was “carbon-free”

20. UK Wind Farm Advertising Wars • The Internet: the next advertising battleground • “The ASA is the UK's independent regulator of advertising across all media, including, from 1 March, marketing on websites.” – ASA website • Misleading claims can now be spread instantly across communities and around the world • Wind farm developers and advocates now must monitor websites for false claims

21. UK Wind Farm Advertising Wars Thanks for your attention david_jones@platts.com +44 20 7176 6266