07 February 2018
4 min read
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From 1 March 2018, the Australian Association of National Advertisers (AANA) Code of Ethics (Code) will change so that for a complaint to be upheld, the advertisement no longer has to be using sexual appeal in a way that is exploitative and degrading. The new section 2.2 of the Code will allow for a complaint to be upheld where the advertisement is either exploitive or degrading. The Code’s administrator, the Advertising Standards Board (ASB) also announced that a new definition of exploitative will also be added as follows:
This differs from the previous definition of exploitative that required the ad to be ‘clearly appearing to purposefully debase or abuse a person, or a group of persons, for the enjoyment of others, and lacking moral, artistic or other values [emphasis added].’ The revised section 2.2 and definition is simpler and appears to contain less hurdles to overcome before a complaint can be upheld. It also doesn’t focus on the intent of the advertiser.
In recent times, the type of ads that received complaints under this section included:
If a complaint is upheld (following an investigation in which an advertiser is provided with an opportunity to respond), the advertiser is requested to remove or amend the offending advertisement as soon as possible, but in any event within five business days it must confirm that it has been or will be removed or amended.
It is important to keep in mind these new changes when considering the overall impression that an advertisement creates, especially in respect of products that have a long tradition of employing the tactic of ‘sex sells’. Featuring a scantily clothed woman or man in an ad and whether that is relevant to the product is an important consideration, especially where there is unnecessary focus on such body parts. These questions have been a focus of Board determinations in the past, but there does not need to be a bikini featured for the use of sexual appeal to be considered exploitative or degrading.
Authors: Emily Booth & Dan Pearce
Contacts:
Melbourne
Dan Pearce, Partner
T: +61 2 8083 0840
E: dan.pearce@holdingredlich.com
Sydney
Ian Robertson, Partner
T: +61 2 8083 0401
E: ian.robertson@holdingredlich.com
Angela Flannery, Partner
T: +61 2 8083 0448
E: angela.flannery@holdingredlich.com
Brisbane
Trent Taylor, Partner
T: +61 7 3135 0668
E: trent.taylor@holdingredlich.com
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