Status Quo’s reworking of their 1975 hit ‘Down Down’ into an advertising jingle for Coles Supermarkets has become somewhat infamous since saturating TVs and shopping aisles since last August, even inspiring a Coles-branded tour of Australia in addition to the British rock veterans’ appearance at this year’s Bluesfest 2013.

While the embarrassing advertising stint in Australia – selling more than just groceries in their campaign with Coles – had many considering the re-worked song a prime example of corporate shilling; rather than hurt the band’s credibility (or the opinions of their loyal fanbase), the song has actually done some real damage to an Adelaide radio station who landed in trouble after airing the Status Quo re-write on air.

As B&T reports Adelaide radio station 5DN is been found in breach of commercial radio advertising guidelines for broadcasting the rehashed Coles version of ‘Down Down’ because it was contexualised as music rather than adveritsing content.

The ruling comes from the Australian Communications and Media Authority (ACMA), which introduced new standards last May that were initially targeted at talkback radio hosts, but the first breach has come from 5DN’s licensee Southern States Broadcaster, and specifically Cruise 1323.

The four-minute reworked Status Quo hit was sandwiched between the Bee Gees’ ‘To Love Somebody’ and Dionne Warick on July 11th 2012, and was not clearly identified as an advert, with 5DN arguing that the average listener was intelligent enough to discern the difference, adding that a technical mishap meant that a pre-recorded announcement about the ad failed to go to air.

ACMA however, argues that the song clearly draws public attention to Coles Supermarkets, and wasn’t clearly identified as a paid advert placed between two other “classic hits” type songs. Without the necessary announcement the station was in violation of the new radio practices, which does not allow for exemptions because of technical issues.“In the view of the ACMA, the reasonable listener is less likely to be able to distinguish an advertisement that takes on the characteristics of the surrounding program material…” – ACMA report

As News Ltd points out, the ACMA’s report states: “In the view of the ACMA, the reasonable listener is less likely to be able to distinguish an advertisement that takes on the characteristics of the surrounding program material, in this case music programming.” The full reportcontains some staggering detail (yes, this is someone’s job), including the differences between the original and the Coles version, and even an attachment of the revised lyrics (choice sample: When you see that big red hand/ Start countin’ savings/ Count ’em on your big red hand).

“Long-form musical advertisements like this are a relatively new innovation in radio advertising,” says ACMA chairman Chris Chapman. “During the investigation, the ACMA remained conscious of the need to balance the regulatory requirements for advertising with industry’s drive for innovation and competition in radio advertising.”

Other Adelaide Radio Network stations 2UUS, 3KKZ, and 4KQ were also under investigation for airing the Coles jingle in full, but were cleared of being fined due to on-air announcements stating the four-minute 2012 version was not the 1975 original, but an advertisement.

In related Status Quo news, the band’s drummer of 12 years, Matt Letley, announced that he’d be leaving the band last December, ahead of the Quo’s Australian tour this year for Bluesfest 2013 and their Coles-branded tour.

Status Quo 2013 Australian Tour Dates

Wednesday 27th March 27 – Hordern Pavilion, Sydney
www.ticketek.com.au Box Office: 132 849

Thursday March 28 – Brisbane Convention Centre, Brisbane
www.ticketek.com.au Box Office: 132 849

Saturday March 30 and 31st – Deni Blues & Roots Festival 2013, 
Conargo Road, Deniliquin
Tickets: http://www.denibluesfestival.com/

Tuesday 2nd April – Thebarton Theatre, Adelaide

www.venuetix.com.au Box Office: 08 8225 8888

Wednesday 3rd April – Palais Theatre, Melbourne
www.ticketmaster.com.au Box Office: 136 100

Bluesfest 2013 Tickets & Dates

Tyagarah Tea Tree Farm, Byron Bay
Thursday March 28th – Monday April 1st, 2013
Tickets: www.bluesfest.com.au
ph: 02 6685 8310

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