Discrimination or vilification

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:

SummaryCase examples
Depicting elderly people being treated less favourably or being shown as foolish in a ridiculing or mocking way.South Australian Tourism Commission – 2019
LTD Rentals – 2020

Examples of ads found not in breach of Section 2.1 of the Code of Ethics:

SummaryCase examples
Stereotypically depicting of older people in ads which is not negative.Red Rooster – 2023
SA Police – 2022
Uber Australia Pty Ltd – 2021
Telstra – 2020
Portraying older people as sexual beings.Network Gaming Tasmania – 2022
Depicting older people taking part in activities that are usually undertaken by younger people.GoDaddy,com – 2019
Depicting an older person learning to use technologyUber Australia – 2024
Promoting home help services doesn’t imply that older people are incapable of looking after themselves.Simply Helping – 2024
Depicting aged care facilities and residents.Craveable Brands – 2019  
Using phrases like ‘old mate’ as a placeholder for a name that is unknown.Brooks Hire – 2020
Using 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:

SummaryCase examples
Showing a lack of concern or seriousness for a debilitating condition in a manner that treats sufferers less favourably will constitute discrimination.4WD SupaCentre – 2022
Nimble – 2022
Lotterywest – 2020

Examples of ads found not in breach of Section 2.1 of the Code of Ethics:

SummaryCase examples
Advertising depicting someone who is angry, frustrated or acting unusually.Treasury Wine Estates – 2022
Yum Restaurants International – 2021  
LG Electronics Aust Pty Ltd – 2019
Depicting a person with vision impairment in a way that is humorous but not shown to be demean or mock the person.Specsavers Pty Ltd – 2023 
Specsavers Pty Ltd – 2022 
Gender

Examples of ads found in breach of Section 2.1 of the Code of Ethics:

SummaryCase examples
Suggesting that men who defer to their partner should be ridiculed or thought less of will likely breach the Code.Sportsbet – 2020  
Reducing women to sexual objects for men’s pleasure 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.Wicked Campers – 2021  
Wicked Campers – 2020
Referencing transgender individuals using terms that are derogatory and vilifying are not acceptable and will breach the Code.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 talking too much or being less capable then men, does amount to material which discriminates against and/or vilifies people on the basis of gender.Aveling Homes – 2022  
The BOSS Shop – 2022
Wicked Campers – 2021

Examples of ads found not in breach of Section 2.1 of the Code of Ethics:

SummaryCase 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.Rexel Electrical Supplies – 2024
SA Police – 2024
Arrotex Pharmaceuticals – 2023
Clorox Australia – 2023
Drakes Supermarkets – 2022
MediPro Capital Finance – 2022
SocietyOne – 2021
Appearing to be targeted towards one gender.P&N Bank  – 2023
Department of Transport Victoria – 2023
Universal Home Theatre – 2021
Medex Australia – 2021
Using common colloquial phrasing, such as ‘are you man enough’.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.Toyota Motor Corporation Australia – 2020
Hotels Combined – 2019
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.Department of Social Services –  2021
SA Police – 2021
Department of Premier and Cabinet (Victoria) – 2017
Advertising treatments for erectile dysfunction is not itself discriminatory towards men.Bergamet – 2020
Hanes Brands – 2020
Depicting men as incompetent or inexperienced in one situation does not suggest that this same situation applies to all men, or that it is specific to men.Koh – 2024
Unicharm Australasia – 2023
Massel Australia – 2021
Wisr – 2021
eBay Australia & New Zealand – 2020
Craveable Brands – 2020
PD Insurance – 2020
Depicting a woman as embarrassed or foolish in one situation does not suggest that this same situation applies to all women, or that it is specific to women.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
Austrak Campers – 2021
ALDI Australia – 2020
Dramatising certain situations facing women in a light-hearted manner.Meat and Livestock Australia – 2021
Hanes Brand Inc – 2019
Featuring topics like menstruation or incontinence are not inherently discriminatory towards women.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:

SummaryCase examples
Depicting someone of a particular racial type being feared by other people leaves a negative impression of people of that ethnicity, and amounts to vilification.University of Sydney – 2017
Depicting immigrants/refugees in a negative way is discriminatory.Trelly’s Tackle World Shepparton – 2017
Mocking or being likely to give a negative impression of a particular race, ethnicity or nationality is seen to be discriminatory and vilifying.Newsome Tyre & Mechanical – 2022  
Maze Distributions – 2020
Mr Wongs Hydraulics – 2018
Using humorous or mocking references to how another culture is different, such as their names sounding different, is likely to be seen as inciting ridicule of that culture and be found to breach the Code.Sportsbet – 2021

Examples of ads found not in breach of Section 2.1 of the Code of Ethics:

SummaryCase examples
Using only one race or ethnicity in an ad is not itself discriminatory towards other races.InstantScripts – 2022
Menulog – 2020
Localsearch – 2020
Using stereotypes of different nationalities where the stereotypes are not negative or derogatory.Pointsbet Australia Pty Limited – 2022
IKEA – 2022
BCF – 2020
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 are not inherently discriminatory.Australian Liquor Marketers – 2024
ALDI Australia – 2023
Uber Australia – 2023
Telstra – 2023
Western Sydney Care Collective – 2023
Kenzo – 2023
Yum Restaurants International – 2021  
Using an international accent in a way which does not mock the country it is from is not discriminatory.Bayswater Car Rental – 2023
L & J Webb Fencing – 2021
Newsomes Tyre & Mechanical – 2021
The Italian Pizza House – 2021
Using a fictional culture that bears similarities to a real culture or ethnicity is not discriminatory.Carlton and United breweries – 2022
Religion

Examples of ads found in breach of Section 2.1 of the Code of Ethics:

SummaryCase examples
Depicting an important religious belief in a demeaning way is seen by the Community Panel to be vilification of religion.Valley Butchers – 2019
Gifting Life – 2018

Examples of ads found not in breach of Section 2.1 of the Code of Ethics:

SummaryCase 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, are not inherently discriminatory towards Christianity.Aldi Australia – 2021
Take Two Interactive (2K Games) – 2020
Hanes Brands Inc – 2019
Using phrases like ‘Thank God’ and ‘Jesus’ as expressions of relief is not itself discriminatory on the basis of religion.Scaffwise – 2020  
SBS Corporation – 2019
ALDI Australia – 2019
Using religiously affiliated music and themes in ads for non-religious based products is not itself discriminatory on the basis of religion.ALDI Australia – 2024
Saintly Beverages – 2020
Referencing or depicting religious figures which don’t identify a specific religion is not itself discriminatory.Burger Urge – 2023
Sportsbet – 2023
Entain Group Pty Ltd – 2021

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