Exploitative or degrading: determination summary

Issues highlighted in cases relating to Section 2.2 of the Code that have been considered by the Ad Standards Community Panel include:

Depiction of children

The AANA Code of Ethics Practice Note provides the following additional guidelines for advertisers regarding exploitative and degrading content concerning children.

In advertisements where images of children are used, sexual appeal is not acceptable and will always be regarded as exploitative and degrading. Advertisements must not include sexual imagery, state or imply that minors, or people who appear to be minors, are sexual beings or that ownership or enjoyment of the advertised product will enhance their sexuality. Minors, or people who appear to be minors, must not be portrayed in a manner which treats them as objects of sexual appeal. Advertising featuring someone who appears to be a minor in a pose which indicates they are trying to appear alluring has been found to breach this section of the Code.

Advertisers are generally responsible when it comes to the depiction of children in advertisements however the Community Panel have found some advertisements to breach this Section of the Code.

The Community Panel’s view is:

  • Sexualised depictions of minors will breach this section of the Code.


The Community Panel’s view is:

  • Depicting children modelling children’s clothing, where the poses of the children are natural and not sexualised, will not be considered exploitative and degrading.

 

Depiction of men

Complaints regarding discrimination or vilification of men are also captured under Section 2.1 of the Code and the use of sex, sexuality and nudity is considered under Section 2.4.
The Community Panel has dismissed a number of complaints about the depiction of men under Section 2.2.

The Community Panel’s view is:

  • Depicting attractive men shirtless or naked - if they are not depicted in an overly sexualised manner and their genitals are covered – is unlikely to be found to be exploitative or degrading especially when the nudity is relevant to the product or situation.
  • Showing a man parodying a sexual pose where the overall advertisement is humorous rather than sexualised will not breach this Section of the Code.

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Depiction of women

Upheld advertisements

The Community Panel has found a number of advertisements in breach of Section 2.2 of the Code for the use of sexual appeal in a manner which is exploitative and degrading to women.

The Community Panel’s view is:

  • Portraying women as commodities or objects to possess is seen to be exploitative.

 

  • Focusing on a body part that bears no relevance to the product or service provided is exploitative.
  • Advertising which reduces a woman to a single part of her body and suggests that she is property or that she exists for the enjoyment of others is exploitative and degrading.
  • Advertisements for lingerie can breach this Section of the Code, if the advertisement suggests that the woman is the product, rather than the lingerie.
  • Advertisements for lingerie which depict the model in an overly sexualised pose can be exploitative and can breach the code.

 

Relevance to product

Advertisers should use caution depicting sexualised or nude images when there is no direct relevance to the product.

The Community Panel’s view is:

  • It is reasonable for advertisers to use attractive models in their advertisements, if the women are not used in poses or situations which are exploitative and degrading.
  • It is reasonable to depict attractive models in costumes associated with brands or products being sold. When they are portrayed in a positive light, it is not considered exploitative or degrading.
  • Images which portray women and men in consensual sexual poses are not considered degrading, however may breach other Sections of the Code.
    • Yum Restaurants International - 0130-20
       
  • It is reasonable for advertisers to focus on the parts of women associated with the product they are promoting, and it is not exploitative and degrading to do so if the model is not in a sexualised pose.
  • Depicting men admiring or commenting on the attractiveness of a woman, is not seen as exploitative and degrading if that woman is shown in a positive light and is appreciative of the attention.
  • In advertising for adult venues or products, it is reasonable for the advertiser to use images of scantily clad women, as long as there are no exposed nipples or genitals, and poses are not strongly sexualised.


 

Fashion and lingerie

The Community Panel’s view is: