Advertising Standards Bureau Review of Operations 2014 | Page 30
Discrimination on the ground of disability
or mental illness
Although advertisers are generally careful to
avoid discriminating or vilifying on the basis of
disability, the Board considered some cases in
2014 and found one to be in breach of Section 2.1
on these grounds.
The Board determined that a radio advertisement
featuring the jingle “We won’t be beaten just like
a drum next to a man with no arms” (Llewellyn
Motors - 0196/14) breached Section 2.1. The
Board considered the advertisement presented
the loss of limbs in a negative way and noted
that the reference was not a true depiction of the
capacity of a person with a disability. The Board
noted that reference to a disabled person does
not have any relevance to the sale of vehicles. The
Board viewed the use of a disability to make a
joke as inappropriate and that it had the potential
to make people think less of a person with
a disability.
A safety at work television advertisement
featuring people scarred by chemicals (WorkSafe
Victoria – 0062/14) attracted complaints relating
to the use a disabled person as an “object of
pity”. The Board considered that the depiction
of a woman with damaged vision and scarring
is relevant in the context of the important
community awareness message the advertisement
is promoting. It noted that the woman in the
advertisement is depicted as engaging with her
life in a positive manner, but in the Board’s view
was depicted appropriately as wishing she did not
have the injury and considered that the issue of
disability is handled in a sensitive manner.
The Board acknowledged that mental illness
is a serious issue which should be treated with
care. However, the Board was of the view that
an advertisement promoting a hat day to raise
money for mental health research (Australian
Rotary Health – 0428/14) did not portray or
depict material which discriminates against or
vilifies a person on account of mental illness. Its
view was that the most likely interpretation of the
advertisement was that it was promoting a way
in which to feel part of a group. Noting that the
cartoon characters used in the advertisement were
identifiable human-like figures, with no direct
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resemblance to any one individual or group, and
not meant to be representative of people suffering
from mental illness, the Board considered that
overall the complainant’s interpretation of the
advertisement would be unlikely to be shared by
the broad community.
Discrimination against men
Complaints concerning discrimination or
vilification against men commonly refer to the
level of acceptability the advertisement would
have if roles were reversed and women were in
the spotlight. The Board’s role is to consider
each advertisement on its own merit and as such,
addressing hypothetical alternatives is not part of
its role.
A series of advertisements from My Plates
(including 0276/14 and 0277/14) attracted close
to the highest number of complaints in 2014.
Concerns ranged from the depiction of men as
distasteful people who pass wind in cars and
pick their noses, to concerns about sexism. The
Boar