Health and safety

Advertising must not depict, encourage or promote behaviour that the general community would consider unsafe or unhealthy.

Section 2.6 of the AANA Code of Ethics states:

Advertising shall not depict material contrary to Prevailing Community Standards on health and safety.

Issues covered by Section 2.6 of the Code of Ethics include:

• drug and alcohol use
• smoking
• bullying
• Content which could be damaging to mental health
• body image
• unsafe driving and cycling
• unsafe behaviour and practices inside the home, at work and outside
• high-risk behaviour
• unhygienic behaviour.

For more detail and guidance on the depiction of health and safety in advertising read the AANA Code of Ethics: Practice Note.

Examples of previous decisions

Drugs

The Community Panel has found a breach of Section 2.6 (Health and Safety) of the Code of Ethics in the following cases:

• The depiction of cartoon characters or real-life people consuming drugs.
  • Wicked Campers – 0077-20, 0074-21
     
• The insinuation of smoking drugs.
  • Afends Clothing – 0024-22 
     

The Community Panel found the following ads did not breach Section 2.6 (Health and Safety) of the Code of Ethics:

• Vague references to drugs or imagery of drug paraphernalia where the advertising content does not explicitly show the paraphernalia in relation to drugs, portray illicit substances or discuss the use of drugs.
  • Radio Metro 105.7 – 0303-19
     
• Community awareness advertising that references and depicts some drug paraphernalia and usage in the context of messaging relating to drug and alcohol support services.
  • Amity Community Services Inc – 0168-22
     

Smoking

The Community Panel has found a breach of Section 2.6 (Health and Safety) of the Code of Ethics in the following cases:

• Showing cigarettes or smoking paraphernalia in a positive light.
  • Wicked Campers – 0164-20
  • Afends Clothing – 0205-20
  • Honey Birdette – 0073-22, 0074-22
     

Drinking

The Community Panel has found a breach of Section 2.6 (Health and Safety) of the Code of Ethics in the following cases:

• Promoting or depicting unsafe or excessive drinking behaviours.
  • Only Chug – 0203-21
  • NightPlan – 0330-21
     
• Promoting drinking in situations where it is unsafe or illegal.
  • Better Brewing Co – 0325-21
     

The Community Panel found the following ads did not breach Section 2.6 (Health and Safety) of the Code of Ethics:

• Depicting people drinking, in moderation, in the vicinity of a pool or body of water or undertaking light physical activity.
  • Hard Fizz – 0372-20
  • Vacay Seltzer – 0039-21
  • Carlton and Unites Breweries – 0243-21
     
• Promoting give-aways or promotions in connection with purchasing alcoholic beverages.
  • Schnithouse Hilton – 0035-21
     
• Promoting alcohol venues or retailers which does not depict alcohol or condone or encourage excess consumption of alcohol.
  • Woolworths Group – 0093-20
  • Latitude 34 Wine Company – 0157-20
  • Southtrade International – 0211-20
     
• Ads promoting alcohol with the disclosure that customers must be over the age of 18.
  • Grill’d – 0126-20, 0127-20
     

Bullying (non-violent)

The Community Panel has found a breach of Section 2.6 (Health and Safety) of the Code of Ethics in the following cases:

• The depiction of a young person being cyber bullied, when not relating to the product being advertised, and with no information on where to seek help.
  •  Jalna Dairy Food – 0344-21
     
• Depicting or imitating stalking.
  •  Hawkers – 0383-19
     

The Community Panel found the following ads did not to breach Section 2.6 (Health and Safety) of the Code of Ethics:

• The depiction of people interacting with each other in a friendly and joking way.
  • Huddle – 0109-21
     
• Ads which suggest someone may not like someone they work with but does not show any negative interactions between the two people.
  • Geeks2U – 0084-20
  • Steel Solutions – 0177-21
  • Squarespace – 0180-21
     

Unsafe driving

Complaints about motor vehicle ads are considered under the Federal Chamber of Automotive Industries (FCAI) Code, but ads which are not for cars but include driving scenes may be considered under Section 2.6 for health and safety concerns.

The Community Panel has found a breach of Section 2.6 (Health and Safety) of the Code of Ethics in the following cases:

• Advertising which shows unsafe driving practices.
  • National Australia Bank – 0244-20
  • NT Tourism – 0151-21
  • Doordash – 0183-21 

The Community Panel found the following ads did not to breach Section 2.6 (Health and Safety) of the Code of Ethics:

• Not showing people wearing seatbelts if they are in a parked car where there is no suggestion they have or will drive without using seatbelts.
  • Weeks Building Group – 0027-20
  • Ultra Tune – 0051-20
  • Titan Enterprises – 0012-22
     
• When older model cars are depicted it is reasonable to assume passengers are wearing lap band seatbelts which may not be clearly visible in the ad.
  • Menulog – 0098-21
     
• The depiction of driving behaviour which may be considered ‘hooning’ where the behaviour is clearly undertaken by professional drivers in a sporting context.
  • Repco – 0302-21, 0319-21
     
• Showing drivers eating or drinking, dancing or only having one hand on the steering wheel while still driving safely does not depict driving behaviour which is contrary to prevailing community standards.
  • Uniden Australia – 0020-20
  • Telstra – 0374-20
     
• Depicting someone struggling to drive a manual vehicle is not of itself unsafe.
  • McDonalds – 0213-21
     
• The depiction of someone engaging in behaviour which may be dangerous while driving, but who are clearly in a parked vehicle.
  • Station Innovation – 0032-21
  • Brand Developers – 0135-21
     
• The depiction of 4WDing in a way that is safe and responsible.
  • Repco Ltd – 0072-22
     
• The depiction of one vehicle overtaking another in a way that is safe and responsible.
  • IAG Insurance – 0169-22
     

Unsafe behaviour

The Community Panel has found a breach of Section 2.6 (Health and Safety) of the Code of Ethics in the following cases:

• The depiction of unsafe actions around water.
  • Kayo Sports – 0114-20, 0115-20, 0132-20
     
• The use of a mobile phone at a petrol bowser is considered unsafe.
  • OTR – 0088-22
     
• Portraying a person riding a bicycle without a bell or on the wrong side of a foot path/bridge contradicts prevailing community standards on bike riding health and safety.
  • Brisbane City Council – 0075-20, 0081-20, 0135-20
     
• Misuse of machinery.
  • Woolworths Group – 0095-20, 0096-20
  • Repco – 0208-22
     
• Depicting behaviours which are unsafe and may be copied by children.
  • BMW Group Australia – 0183-20
  • Sax Fetish – 0142-21
     

The Community Panel found the following ads did not to breach Section 2.6 (Health and Safety) of the Code of Ethics:

• Advertising which uses a gym scenario in a humorous and exaggerated manner where no-one is seen to be injured.
  • BizCover – 0141-20
  • Hungry Jacks – 0177-20
     
• Advertising which raises safety concerns about behaviours which are unlikely to be copied by children.
  • Bupa – 0215-21
  • Mitre 10 Australia – 0183-22
  • Sportsbet – 0202-22
     
• The depiction of behaviour which is consistent with how a product is used in everyday situations and in unlikely to lead to injury.
  • Legrand T/A HPM Electrical – 0026-22
  • Samsung Electronics Australia Pty Ltd – 0045-22
  • Amazon AU – 0055-22
     
• Where a behaviour may result in injury but is not excessively high risk and is legal.
  • eHarmony – 0353-21
     

Fantastical elements

The Community Panel found the following ads did not breach Section 2.6 (Health and Safety) of the Code of Ethics:

• Situations which are highly fantastical and unlikely to be taken seriously by most members of the community.
  • Jim’s Mowing – 0289-21
  • BCF – 0354-21
  • Supercheap Auto – 0002-22
  • National Australia Bank Ltd – 0220-22
     

Safety in the home

The Community Panel has found a breach of Section 2.6 (Health and Safety) of the Code of Ethics in the following cases:

• Showing children in potentially unsafe situations in the home, which may be copied by other children or parents and result in injury.
  • ANZ Banking Group – 0053-20
     
• Ads which show unsafe practices with electricity.
  • SOJO – 0255-20, 0256-20
  • WISR – 0224-21
  • Subway Franchisee Advertising Fund – 0041-22
  • Volitizer – 0125-22, 0162-22, 0216-22
     
• Showing people inside fridges or containers that can be locked from the outside.
  • Betta Electrical Kingaroy – 0280-18
  • Audible – 0147-20
     

Protective gear

The Community Panel has found a breach of Section 2.6 (Health and Safety) of the Code of Ethics in the following cases:

• Advertising showing people riding bicycles in public without helmets.
  • ALDI Australia – 0092-19
     

The Community Panel found the following ads did not breach Section 2.6 (Health and Safety) of the Code of Ethics:

• Ads for machinery or equipment which promote the use of protective gear and feature fleeting images of the product being used without PPE.
  • Global Shop Direct – 0384-19
  • The Treasury – 0199-20
  • Karcher Australia – 0030-21
  • TAFE SA – 0118-21
     

Other health and safety issues

The Community Panel has found a breach of Section 2.6 (Health and Safety) of the Code of Ethics in the following cases:

• Showing people engaging in behaviour that would breach the law relating to health or safety.
  • Crazy Domains – 0122-21
  • NT Tourism – 0151-21
     
• Referencing suicide in a way which trivialises or normalises the serious issue, and referencing suicide without providing support services information.
  • Wicked Campers – 0406-19
  • Sonus Complete – 0226-20
  • Mood Tea – 0246-21
     
• Advertising directed at young people that encourages sexting or unsafe cyber behaviour.
  • Fachat – 0054-20 
     
• Using models who have been photoshoppped or are of an unrealistic body shape that is unattainable through healthy practices.
  • Yves Saint Laurent – 0153-21
  • With Jean – 0277-21
  • Bulgari – 0001-22
     

The Community Panel found the following ads did not breach Section 2.6 (Health and Safety) of the Code of Ethics:

• Mentioning suicide in an appropriate way.
  • Pedestrian Council of Australia – 0405-19
  • Mood Tea – 0310-21
     
• Ads for plastic surgeons.
  • Horizon Plastic Surgery – 0209-20
  • Laser Clinics Australia – 0362-20
  • ISPA Clinic – 0132-22
     
• Promoting beauty products by claiming to make a person more attractive.
  • Brand Developers – 0038-21, 0105-22, 0109-22
  • Kot Nails – 0061-21
     
• Ads depicting people walking, standing or running on escalators where no one is put in danger.
  • Telstra – 0108-20