The Broadcast Advertising Clearance Centre is now in serious trouble with the Independent Television Commission after it failed to suspend an advert that the ITC and nine TV viewers considered to be homophobic.

The controversy centres on an advert for WKD, in which a group of male friends were shown in a locker room after a football match. They tricked one of their mates into standing in an effeminate way, with hand placed on hip, and taunted him with greetings such as "ooh, hello sailor".

One viewer said the advert "encouraged the acceptance of anti-gay behaviour", while others said it was close to playground bullying. The ITC says: "They objected to the use of outdated mannerisms and expressions - stereotypical of gay men - and to the mocking, ridicule and taunting the character received as a result."

The ITC, saying "there was a significant risk of offence being caused to homosexual men," sought the comments of the BACC but insisted the ad was taken off the air until the investigation's outcome was known. It is at this point that the BACC failed to act in accordance with the ITC's request. The advert continued to air six days after the ITC's mandated suspension date.

The advertiser, in a position the BACC was found to agree with, said: "This kind of humour has been proven to appeal to our target drinkers, whatever their sexual orientation, and the campaign has been well researched within our target market through study groups. Beverage Brands is totally committed to a non-discriminatory advertising policy and actively supports events and campaigns related to a large number of social groups including the gay and lesbian communities, who we know form a healthy proportion of our drinkers.

The advert is intended to be amusing and is certainly not intended to offend anyone, least of all those in the gay community who drink our product on a regular basis. Beverage Brands is very disappointed to be informed that this advertisement has offended any member of the TV viewing public and would like to reinforce that the content was not intended to be homophobic."

However, the ITC sided with the nine viewers who complained about it, even saying: "...the mocking scene in particular was typical of the kind of bullying that took place in the playground and that the commercial, by presenting this behaviour as acceptable, could be capable of encouraging it."

The Commission demanded the advert not be shown again in its current form, and warned the BACC - which represents and is funded by, the major terrestrial and cable/satellite broadcasters in the UK - that if it failed to suspend an advert again, it will formally sanction the broadcasters.