Advertising Standards Bureau Review of Operations 2016 2016 Review of operations_WEB | Page 33

Discrimination and vilification
(Section 2.1, AANA Code of Ethics)
Section 2.1 of the Code states:
Advertising or Marketing Communications
shall not portray people or depict material in a
way which discriminates against or vilifies a
person or section of the community on account of
race, ethnicity, nationality, gender, age, sexual
preference, religion, disability, mental illness or
political belief.
It is important for advertisers to note that
depictions of any section of society may raise
concerns of discrimination, especially if groups
are presented in a stereotypical manner. Although
the use of humour and a light-hearted nature in
advertisements has in certain cases lessened the
impact of the overall message, if the Board views
the advertisement as discriminatory against any
group it will breach Section 2.1.
In 2016 discrimination and vilification was the
most complained about issue accounting for
27.23 per cent of complaints, significantly higher
than in 2015 (15.76 per cent) but similar to 2014
(27.61 per cent).
For a more in-depth overview of discrimination
and vilification cases in 2016 see the
discrimination and vilification determination
summary on the ASB website.
Discrimination against age
In 2016 the Board found two advertisements
to breach the Code in relation to this issue. The
Board was of the view that:
•
An online advertisement which states
‘don’t let your property be managed by
a teenager’ (Bees Nees City Realty –
0547/16).
Phrases which create a negative stereotype of
older women are vilifying to women on the
basis of age.
- -
A print advertisement which featured
an image of an older woman wearing a
nightdress and holding a shot gun and the
text ‘is your property manager a grumpy
old cow?’ (Hayeswinckle – 0542/16).
•
Advertising which shows a group of people
acting in a wild and inappropriate manner,
is not discriminating against young people
when the focus of the advertisement is not on
their age.
A television advertisement which shows
a group of tenants acting responsibly or
irresponsibly in a house, to promote a
Portraying older people as sexual beings is not
discriminatory when they are portrayed in a
positive and active manner.
- -
A television advertisement where an
older woman tells her son she is leaving
her money to the attractive gardener
(Specsavers Pty Ltd – 0213/16).
Discrimination on the ground of
disability or mental illness
The Board did not find any advertisements to
breach the Code in relation to this issue in 2016.
The Board is of the view that:
•
The Board also dismissed complaints against a
number of cases in 2016 about this issue and is of
the view that:
- -
Review of Operations 2016
•
Advertising which suggests that someone in
a professional role is not good at their job
because they are young or they look young is
discriminatory towards young people.
- -
•
real estate company (First National Real
Estate – 0290/16).
Advertisers are free to use whomever they
wish in their advertising and acknowledged
that while many people would find the use of
people suffering from terminal illness to be
confronting, the Board considered that the
Code does not preclude this use.
- -
•
A television advertisement which features
people with terminal illnesses sharing
their thoughts on home ownership
(Ubank – 0456/16).
Reference to the word ‘suicide’ in advertising
does not in itself equate to discrimination or
vilification of people with mental illness.
- -
A billboard advertisement for the movie
‘Suicide Squad’ with images of the main
characters from the movie (Roadshow
Film Distributors Pty Ltd – 0351/16).
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