Advertisers must take care not to portray or depict material in a way that discriminates against or vilifies a person or group.
Section 2.1 of the AANA Code of Ethics 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.
Discrimination means unfair or less favourable treatment.
Vilification means content which humiliates or intimidates, or incites hatred, contempt or ridicule.
For more detail and guidance on the portrayal of people in advertising read the AANA Code of Ethics: Practice Note.
Visit our education page to learn more or view a case study for discrimination or vilification here.
Examples of previous decisions
Age
Examples of ads found in breach of Section 2.1 of the Code of Ethics:
| Summary | Case examples |
| Depicting older people being treated less favourably or being mocked or ridiculed. | Strangelove – 2025 Hayeswinckle – 2023 LTD Rentals – 2020 |
| Depicting older people as helpless or incapable. | Simply Helping – 2023 |
Examples of ads found not in breach of Section 2.1 of the Code of Ethics:
| Summary | Case examples |
| Depicting older people in ads through non-negative stereotypes. | mycar Tyre & Auto – 2024 Red Rooster – 2023 Uber Australia Pty Ltd – 2021 |
| Depicting an aspect of aging is not itself discriminatory towards older people. | KAAIAA – 2025 Thin Lizzy – 2022 SA Police – 2022 |
| Portraying older people as sexual beings. | Network Gaming Tasmania – 2022 |
| Depicting an older person learning to use technology | Uber Australia – 2024 Telstra – 2020 GoDaddy,com – 2019 |
| Promoting home help services, or aged care facilities and residents, in a way that doesn’t imply that older people are incapable of looking after themselves. | Alpha Support at Home – 2024 Simply Helping – 2024 |
| Using common colloquial phrases like ‘old mate’ to refer to an older person | Brooks Hire – 2020 |
| Using common colloquial phrases like ‘Boomer’ to describe an older generation. | Nando’s Australia – 2023 |
Disability or mental illness
Examples of ads found in breach of Section 2.1 of the Code of Ethics:
| Summary | Case examples |
| Demonstrating insensitivity or trivialising a debilitating condition. | Our Cow – 2024 4WD SupaCentre – 2022 Lotterywest – 2020 |
| Portraying people with a disability or mental illness as being treated less favourably, or depicted in a mocking, foolish manner. | Hearing Australia – 2025 Panel House – 2025 Foxtel – 2023 Nimble – 2022 |
| Describing a mental illness as a “disease”, or implying that neurodivergent people need to be cured. | Children’s Medical Research Institute/Jeans for Genes – 2024 |
Examples of ads found not in breach of Section 2.1 of the Code of Ethics:
| Summary | Case examples |
| Depicting someone who is angry, frustrated or acting unusually, does not itself imply they have a disability or mental illness. | Meat & Livestock Australia – 2025 The Blind Factory – 2024 eBay Australia & New Zealand – 2023 Yum Restaurants International – 2021 LG Electronics Aust Pty Ltd – 2019 |
| Depicting a certain physical characteristic that may correlate with a disability, does not itself make direct reference to a disability. | Kia Australia – 2025 Metro Trains – 2024 ALDI Australia – 2023 Rest – 2024 |
| Depicting a person with a disability in a way that is humorous but not shown to demean or mock the person. | Specsavers Pty Ltd – 2024 Specsavers Pty Ltd – 2023 Specsavers Pty Ltd – 2022 |
Gender
Examples of ads found in breach of Section 2.1 of the Code of Ethics:
| Summary | Case examples |
| Suggesting that men who defer to their partner should be ridiculed or thought less of. | Sportsbet – 2020 |
| Reducing women to sexual objects presents women in a manner which is degrading and shows them in an unfair or less favourable manner when there is no relation to the product or service being advertised. | A1 Mobile Safety Certificates – 2024 Orchard Piper – 2024 Wicked Campers – 2021 |
| Referencing transgender individuals using terms that are derogatory and vilifying. | Wicked Campers – 2022 |
| Unintelligible, domineering or humiliating depictions of, or references to, women will breach the Code. | Unibet – 2022 Bang Hero – 2020 Sportsbet – 2019 |
| Referencing a negative gender stereotype, such as women being less capable then men | XCEM AlphaFloor – 2026 Schweitzer Estate Agents – 2025 Pacific Marine – 2025 ME Bank – 2024 Aveling Homes – 2022 The BOSS Shop – 2022 Wicked Campers – 2021 |
| Depicting women being treated less favourably, or being mocked or ridiculed. | Spotminders – 2026 Famity – 2026 Easy Tiger St Helens – 2025 Panel House – 2025 Microfun – 2024 Gyna Fertility – 2024 |
Examples of ads found not in breach of Section 2.1 of the Code of Ethics:
| Summary | Case examples |
| Depicting young boys and girls playing with toys or with personality traits traditionally stereotyped to their gender is not of itself a breach. | Hasbro Australia – 2021 Ferrero Australia – 2020 PharmaCare – 2020 |
| Depicting men and women in roles reflective of gender stereotypes when the stereotypes are not negative and there is no suggestion that the roles are limited to a particular gender. | BIG W – 0312-25 Rexel Electrical Supplies – 2024 SA Police – 2024 Clorox Australia – 2023 Drakes Supermarkets – 2022 MediPro Capital Finance – 2022 SocietyOne – 2021 |
| Appearing to be targeted towards one gender is not itself discriminatory. | Caruso’s Natural Health – 2026 Department of Transport Victoria – 2023 Medex Australia – 2021 |
| Using common colloquial phrasing, such as ‘are you man enough’. | Specialist Breast Clinic – 2023 Schnithouse Hilton – 2021 |
| Referencing baldness is not inherently discriminatory towards men. | Mosh – 2021 |
| Depicting a woman as more in control of a situation than a man is not itself discriminatory towards men. | Rascals International Limited – 2026 Toyota Motor Corporation Australia – 2020 Toyota Motor Corporation Australia – 2020 Electrolux Home Products – 2019 |
| Referring to violence against women and depicting a man as the perpetrator, or community service ads showing a man as the perpetrator, is not itself discriminatory towards men. | Bravehearts Foundation – 2025 Department of Social Services – 2024 Department of Social Services – 2021 SA Police – 2021 |
| Advertising treatments for erectile dysfunction is not itself discriminatory towards men. | Bergamet – 2020 Hanes Brands – 2020 |
| Depicting men as incompetent, inexperienced, or foolish in one situation does not itself suggest that this same situation applies to all men, or that it is specific to men. | Lactalis Australia – 2024 Koh – 2024 Unicharm Australasia – 2023 Arrotex Pharmaceuticals – 2023 Massel Australia – 2021 Wisr – 2021 |
| Depicting a woman as embarrassed or foolish in one situation does not itself suggest that this same situation applies to all women, or that it is specific to women. | Youi – 2024 Super Cheap Auto Pty Ltd – 2021 Yum Restaurants – 2021 |
| Using female stereotypes in a way that is not negative is not itself discriminatory towards women. | Newscorp Australia – 2023 AHM Health Insurance – 2021 ALDI Australia – 2020 |
| Featuring topics like menstruation or incontinence is not inherently discriminatory towards women. | Essity Australiasia Pty Ltd – 2026 Caruso’s Natural Health – 2025 Asaleo Care – 2021 Modibodi – 2020 Kimberly-Clark – 2020 |
| Suggesting that a person may not want to have children is not discriminatory towards parents or children. | Doctors on Demand – 2021 |
Ethnicity, race or nationality
Examples of ads found in breach of Section 2.1 of the Code of Ethics:
| Summary | Case examples |
| Depicting someone of a particular race, ethnicity or nationality being feared by other people leaving a negative impression of people of that ethnicity. | University of Sydney – 2017 |
| Depicting immigrants/refugees in a negative way. | Trelly’s Tackle World Shepparton – 2017 |
| Depicting a person or a country as inferior to others because of race, ethnicity or nationality. | Makin Mattresses – 2023 Maze Distributions – 2020 |
| Mocking or being likely to give a negative impression of a particular race, ethnicity or nationality. | L & J Webb Fencing – 2026 Panel House – 2025 Pinocchio’s Pizza – 2023 Leaf Chief – 2023 Newsome Tyre & Mechanical – 2022 |
| Using mocking or ridiculing references to how another culture is different, such as their names sounding different. | Sportsbet – 2021 |
| Using stereotypes of a particular race, ethnicity or nationality that is dehumanising or fetishising. | Good Folk Brewing Co – 2023 |
Examples of ads found not in breach of Section 2.1 of the Code of Ethics:
| Summary | Case examples |
| Using only one race, ethnicity or nationality in an ad is not itself discriminatory towards other races. | Sumo Power Pty Ltd – 2026 InstantScripts – 2022 Menulog – 2020 Localsearch – 2020 |
| Using stereotypes of different nationalities where the stereotypes are not negative or derogatory. | Sportsbet – 2024 Uber Australia – 2023 Pointsbet Australia Pty Limited – 2022 IKEA – 2022 |
| Using people in situations where there is no reference to or focus on the person’s ethnicity and where it is not suggested that they are representative of all people of that ethnicity is not inherently discriminatory. | Lyka Pet Food – 2026 Ring LLC – 2025 Yum Restaurants International – 2024 Australian Liquor Marketers – 2024 ALDI Australia – 2023 Uber Australia – 2023 Telstra – 2023 Western Sydney Care Collective – 2023 Kenzo – 2023 |
| Using an international accent in a way which does not mock the country it is from is not discriminatory. | Thirsty Camel – 2024 Bayswater Car Rental – 2023 IKEA – 2022 |
| Using a fictional culture that bears similarities to a real culture or ethnicity is not itself discriminatory. | Carlton and United breweries – 2022 |
Religion
Examples of ads found in breach of Section 2.1 of the Code of Ethics:
| Summary | Case examples |
| Depicting an important religious belief in a demeaning way. | Valley Butchers – 2019 Gifting Life – 2018 |
Examples of ads found not in breach of Section 2.1 of the Code of Ethics:
| Summary | Case examples |
| Using imagery related to religious holidays such as Christmas or Easter, along with relevant visuals e.g. visuals of a decorated tree and a man dressed as Santa Claus or rabbits and chocolate eggs, is not inherently discriminatory towards Christianity. | Myer Pty Ltd – 2024 Aldi Australia – 2021 Take Two Interactive (2K Games) – 2020 Hanes Brands Inc – 2019 |
| Using phrases like ‘Thank God’ and ‘Jesus’ is not itself discriminatory on the basis of religion. | ALDI Australia – 2024 Scaffwise – 2020 SBS Corporation – 2019 |
| Using religiously affiliated music and themes in ads for non-religious based products is not itself discriminatory on the basis of religion. | Old Richmond Cellars – 2025 DiDi – 2025 Repco (GPC Asia Pacific) – 2024 ALDI Australia – 2024 Saintly Beverages – 2020 |
| Referencing or depicting religious figures which don’t identify a specific religion is not itself discriminatory. | Telstra – 2025 Activision Blizzard Pty Ltd – 2023 Burger Urge – 2023 Sportsbet – 2023 |