The AANA Code of Ethics prohibits the harmful use of sex, sexuality or nudity in advertising.
Advertisers must treat sex, sexuality and nudity with sensitivity to the audience that will view or hear the ad and avoid the use of overtly sexual images in public spaces with a broad audience.
Section 2.4 of the AANA Code of Ethics states:
Advertising shall treat sex, sexuality and nudity with sensitivity to the relevant audience.
Relevant audience is the audience that will see the advertising through media placement and targeting.
The Community Panel will consider the audience or readership composition data for the relevant media. For example, OzTAM data can be used to inform the Community Panel that the relevant audience for commercial free to air and subscription television is grocery buyers between the ages of 20 and 35.
In the case of social media, the Community Panel considers the opt-in nature of the medium and the age-gating which may apply to some social media sites in determining the relevant audience. ClearAds rating and the program the content was seen in or the time it was seen may also be used to inform decisions.
For more information and guidance on the portrayal of sex, sexuality and nudity in advertising read the AANA Code of Ethics: Practice Note and the Guide to overtly sexual imagery in advertising.
Visit our education page to learn more or view a case study for sex, sexuality and nudity here.
Examples of previous decisions
Product relevance
Examples of ads found in breach of Section 2.4 of the Code of Ethics:
| Summary | Case examples |
| The use of overtly sexual imagery to promote unrelated products. | With Jean – 2021 Suit Supply – 2021 |
| Ads for lingerie that are overly sexualised and not appropriate for a broad audience. | Bendon Ltd – 2022, 2022 Shein – 2022 Honey Birdette – 2021, 2021, 2021, 2022, 2022 |
| Ads for sex products or services that are are overly sexualised and/or depict a high level of nudity. | Honey Birdette – 2019, 2020 Crazy Horse Revue Pty Ltd – 2019, 2020, 2020 The Firm Gentlemens Club – 2019, 2021 The Palace – 2019, 2019 ContextLogic – 2019 |
Examples of ads found not in breach of Section 2.4 of the Code of Ethics:
| Summary | Case examples |
| Ads for sex products, venues and services where the level of sex, sexuality and nudity used is not considered inappropriate for the audience. | Magic Touch – 2022 Gotham City – 2022 Wild Secrets – 2022 Daily Jocks – 2021 It’s Normal – 2021, 2021 |
| Ads for weight loss products, cosmetic surgery or similar services that depict people in limited clothing to highlight the services they offer and where the ad is not overly sexualised. | Cosmetique – 2020 Chemist Warehouse – 2020 |
| Ads for sexual performance enhancers, if they are not overly explicit and are not inappropriate for the relevant audience. | Pilot Men’s Health – 2021 |
| Ads for lingerie where the images are not overly sexualised and do not use inappropriate nudity or exposure. | Alibaba Group – 2022 Honey Birdette – 2022, 2022, 2022, 2022, 2022 Bras n’ Things – 2022, 2022, 2022, 2022, 2022 Cotton On Group – 2020, 2021 Hanes Brands Inc – 2019, 2019, 2019 |
| Ads that depict people in the clothing being sold, where ads are consistent with fashion advertising and not overly sexualised. | G-Star RAW – 2021 Pretty Little Thing – 2020, 2020, 2020 |
| Promotion or discussion of sexual health and reproductive matters when discussed with sensitivity. | Asaleo Care – 2021 |
Humour and sexual innuendo
Examples of ads found in breach of Section 2.4 of the Code of Ethics:
| Summary | Case examples |
| Ads which are able to be viewed by children where sex, sexuality and nudity is not treated with sensitivity, regardless of humour used. | Wicked Campers – 2021 |
Examples of ads found not in breach of Section 2.4 of the Code of Ethics:
| Summary | Case examples |
| Ads with mild sexual references which would not easily be understood to be sexual by children. | Pedal This Performance and Conversion – 2022 Universal Hotels – 2022 Sojo Pty Ltd – 2021 Pilot Men’s Health – 2021 Conga Foods – 2020 |
| Ads which use double entendre, where a non-sexualised explanation of the meaning would be understood by children. | Menulog – 2020 The Man Shake – 2020 Asahi Premium Beverages – 2019 Cece Crash Repairs – 2019 Frucor Beverages Australia – 2019 |
| Ads that contain a high level of sexualised content which is limited to an adult or older teenage audience. | Botanika Blends – 2022 Big W – 2022 Grill’d – 2021 Better Brewing Co – 2021 Hard Fizz – 2021 |
| Ads with humorous, mild sexualised themes. | Wynstan Blinds – 2022 Koala Sleep – Pty Ltd – 2021 Lifestyle Communities – 2021 Mosh – 2020 Yum Restaurants International – 2020, 2020, 2020, 2020, 2021 |
Nudity
Examples of ads found in breach of Section 2.4 of the Code of Ethics:
| Summary | Case examples |
| Explicit nudity in a medium which is likely to be seen by children. | Honey Birdette – 2021 Sydney Forklift Trucks – 2021 One Night Woman – 2020 |
| The use of naked or semi-naked people in a sexualised pose, even if there is no explicit nudity. | Catch Group – 2020 The Firm Gentlemens Club – 2020 Honey Birdette – 2019, 2019 |
| The use of naked people, even when the advertising is not sexually suggestive, may be considered inappropriate if able to be viewed by a broad audience including children. | Sportsbet – 2018 |
| Explicit simulated depictions of genitalia. | Australian Research and Space Exploration – 2021 ContextLogic – 2020 |
Examples of ads found not in breach of Section 2.4 of the Code of Ethics:
| Summary | Case examples |
| The suggestion of nudity but where the people featured are adequately covered or silhouetted. | PVH Brands – 2022 Binge – 2022 General Pants Group – 2021 Westpac Group – 2021 Grosvenor Hotel – 2021 |
| A higher level of nudity in mediums which are unlikely to have a young audience. | Cotton On – 2022 Museum of Old and New Art – 2022 Adidas Australia Pty. Ltd. – 2022 69Slam – 2020 Amazon Prime Video – 2020 |
| Showing people in the shower, bathroom or applying fake tan, where there are no breasts or genitals visible. | AVIS – 2020 Naked Tan – 2020 Metricon Homes – 2019 |
| The depiction of people’s bodies and bare skin for toiletry products, where the images are not sexualised. | Brand Developers – 2022, 2022 Modibodi – 2020 SOJO – 2020 Shiseido Fragrance Division – 2020 Parfums Christian Dior – 2019 |
| Showing men without shirts on, which is only mildly sexualised. | ACMN – 2021 Shopback – 2019 Road Safety Advisory Council – 2019 Shiploads – 2019 |
| The depiction of nudity in a tasteful manner, related to the artistic product or service being promoted. | Museum of Old and New Art – 2022 |
| The use of nudity in a humorous, not sexualised manner, where people are still covered appropriately. | Mitre 10 Australia – 2022 Sportsbet – 2020 Amazon Prime Video – 2020 Sydney Water – 2019 Tasmanian Bakeries – 2019 |
| Women and men in swimwear, where poses are not sexualised, especially in conjunction with beach, pool or fitness activities. | Australian Avocados – 2021 Ultra Tune – 2020, 2020 Tesalate – 2020 TATA Global Beverages – 2019 Exclusive Tyre Distributors Pty Ltd – 2019 |
Suggestive phrases and acts
Examples of ads found in breach of Section 2.4 of the Code of Ethics:
| Summary | Case examples |
| Highly explicit or sexual content even in a medium that is restricted to older audiences. | Darra Tyres – 2020 ContextLogic – 2020 WWWave Corporation – 2020 |
| Highly explicit or sexual content in public places which are likely to be viewed by broad audiences including children. | Sax Fetish – 2021 Honey Birdette – 2020, 2021 Wicked Campers – 2019, 2020, 2020 |
Examples of ads found not in breach of Section 2.4 of the Code of Ethics:
| Summary | Case examples |
| Couples, including same-sex couples, kissing or embracing where no private parts are visible. | Stan – 2022 Mars Wrigley – 2021 eHarmony – 2021 Honey Birdette – 2020, 2020 Koala Sleep – 2020 |
| The use of factual sexual language or imagery to promote health products or social messaging. | It’s Normal – 2021 Lifestyles Healthcare – 2021 Genea – 2020 Victorian Department of Health and Human Services – 2020 Thorne Harbour Health – 2019, 2019 |
| Sexualised themes or words are appropriate when care is taken to ensure these ads take into account the sensitivity of the relevant audiences. | Pernod-Ricard – 2022 Kogan Technologies – 2022 Nine Network Australia – 2021 MTV – 2021 Crazy Maple Studio – 2021 |
Sexualisation of children
Examples of ads found in breach of Section 2.4 of the Code of Ethics:
| Summary | Case examples |
| Sexualisation of minors or models who could be easily perceived as a minor. | Shein – 2022 Grill’d – 2021 ContextLogic – 2021 Fachat – 2020 |
Examples of ads found not in breach of Section 2.4 of the Code of Ethics:
| Summary | Case examples |
| The use of adults and children to show a fashion range will not be considered inappropriate, where the children are not depicted in a sexualised manner. | Best and Less – 2019 Target Australia – 2019 |
| Ads that include images of infants or young children in swimwear or underwear where the images do not employ sexual appeal, the tone of the ad is innocent, the children are appropriately covered or genitals are not visible, and there is no undue attention on the child’s body. | Rusty – 2022 Bayer Australia – 2019, 2019 LJ Hooker Mona Vale – 2019 |
| Ads that use an adult model who may look like a teenager that is not sexualised and appropriate for general audiences. | Roc Boots – 2020 |