Advertising Standards Bureau Review of Operations 2015 | Page 38

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dvertising which shows actions which are
A
not overly aggressive, are light-hearted, and
are not specifically aimed at a person are not
usually considered to be violent:
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wo advertisements showing people
T
smashing fruit (Coca-Cola Amatil –
0293/15 and 0310/15).
television advertisement which
A
showed someone acting like a rock
star and smashing a guitar (Wix Web
Builder – 0200/15).

dvertising which creates tension between
A
two parties, but does not portray any actual
violence, is not considered to be in breach
of the Code, especially where the tension is
resolved positively.
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television advertisement which showed
A
two groups acting aggressively towards
each other, before putting aside their
differences to help a dog (Mars Pet
Care – 0203/15).

Sex, sexuality and nudity
(Section 2.4, AANA Code
of Ethics)

0384/15, 0457/15, 0474/15 and 0476/15,
PVH – 0013/15 and 0459/15), Honey
Birdette (0295/15 and 0466/15), Target
Australia Pty Ltd (0330/15 and 0331/15),
Woolworths Supermarkets (0329/15 and
0332/15), American Apparel (0086/15),
Sojo Pty Ltd (0374/15), David Jones Ltd
(0402/15) and Victoria’s Secret (0448/15).

Section 2.4 of the Code states:

Advertising or Marketing Communications shall
treat sex, sexuality and nudity with sensitivity to
the relevant audience.

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The use of sex, sexuality and nudity in advertising
generally attracts the most complaints compared
to any other Section of the Code. In 2015 sex,

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sexuality and nudity was the most complained
about issue accounting for 27.32 per cent
of complaints.

The Board considers the relevant audience with
Section 2.4 and particularly distinguishes between
acceptability of content in public domains where
children may be exposed (such as billboards)
as opposed to other forms of media which may
be more restrictive, such as internet sites and
television advertisements with timing restrictions.

dvertisers are allowed to depict people
A
in the clothing they are advertising, where
advertisements are consistent with fashion
advertising and not overly sexualised.

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RADIO
EDUCATING
BUSINESS
GOVERNMENT
DETERMINATION
TRANSPORT
BONDING
SELF-REGULATE
INDEPENDENT
BILLBOARDS
PARTNERING
TRANSPORT
AUTHORITY POSTERS
STANDARDS ADVERTISERS BILLBOARDS
TELEVISION COOPERATING ACCOUNTABILITY
MERGING COMMUNICATING SOCIAL MEDIA
ACCOUNTABILITY COMMUNITY EDUCATING SELF-REGULATE
LIAISING COMPLAINT DETERMINATION CONSOLIDATING
TRANSPARENCY RADIO COMPLAINT PARTNERING SELF-REGULATE
POSTERS COMMUNITY DETERMINATION OUTDOOR INDEPENDENT PEOPLE
ADVERTISERS RESPONSIVE MEMBERS TELEVISION INITIATIVES ACCOUNTABILITY
ACCOUNTABILITY STANDARDS INTERNET RELIABLE GOVERNMENT
UNITING REPORTS CONSUMERS COMMUNICATING ACCESSIBLE LIAISING

In considering cases under Section 2.4, the
Board will also consider the relevance the sex,
sexuality or nudity has to the product or service
being promoted. In general, using these themes
to promote sex shops or lingerie products will be
more understandable as the imagery relates to
what is sold.

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Each year the Board consistently receives
complaints about the use of sex, sexuality and
nudity in the promotion of lingerie, fashion, sex
products and services and dating services.

•

I t is reasonable for a lingerie advertiser
to depict lingerie being modelled in its
advertising, where the images are not overly
sexualised and do not use inappropriate
nudity or exposure.

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dvertising which depicts models in
A
lingerie and underwear being sold
included: Pacific Brands Holdings
Pty Ltd (0002/15, 0177/15, 0251/15,
0271/15, 0320/15, 0370/15, 0373/15,

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clothing being sold include: Advertising
Advantage (0021/15), PVH Brands
Australia Pty Ltd (0080/15), Windsor
Smith Pty Ltd (0176/15) Seafolly Pty Ltd
(0209/15) David Jones Ltd (0437/15) and
Lonsdale London (0256/15).

hile there is significant community concern
W
about advertising sex products and services,
advertisers are legally able to advertise
these products, and where the level of sex,
sexuality and nudity used is not inappropriate
for the audience the Board will dismiss
the complaint.

Product relevance

The Board’s view was:

Advertising which depicts models in

dvertising for sex products or services
A
included: Club X (0092/15), Crazy Horse
Revue Pty Ltd (0149/15), Centrefold
Lounge/Men’s Gallery (0178/15 and
0230/15), Secret Fantasies (0244/15),
Sexpo Pty Ltd (0247/15, 0248/15,
0249/15, 0335/15 and 0452/15), A.O
Adult Store (0255/15), Eighty Eight on
Logan (0347/15), Australian Therapeutic
Supplies (0110/15), Club Shoop
(0224/15) and AdultShop.com Ltd
(0390/15).

dvertisements for sexual performance
A
enhancers, as long as they are not overly
explicit and are not inappropriate for the
relevant audience, will also be found not to
breach the Code.
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television advertisement which depicted
A
a man apparently playing a piano with his
penis, while being judged by a panel. The
penis was not visible in the advertisement
(Advanced Medical Institute 0034/14 and
0035/15).

Advertising Standards Bureau