PC censorship in the UK

Two posters for Missguided, a clothing company:

• a. The first poster, seen on the London Underground on 14 November 2019, featured a model wearing a pink wrap mini-dress, which showed her legs and cleavage.

• b. The second poster, seen on 24 November on a train station platform, featured the same model leaning against a side table wearing an unbuttoned jacket with nothing underneath, sheer tights and high heels.

Issue The complainants, who believed the images were overly sexualised and objectified women, challenged whether:

1. ad (a); and

2. ad (b) were offensive.

3. One of the complainants also challenged whether ad (a) was appropriate for display where it could be seen by children.

ASA Decision

1. Not upheld

The ASA considered that the pose adopted by the model in ad (a) was no more than mildly sexual. The wrap style of the dress and her pose, with one arm slightly behind her, meant that it fell open just by her breast, which we considered was likely to be in keeping with how the dress would ordinarily be worn, but featured no explicit nudity. We also considered the focus of the ad was on the model in general and on the featured dress, rather than on a specific part of her body. While we acknowledged that some people might find the ad distasteful and the clothing revealing, we considered that the ad was unlikely to be seen as overtly sexual or as objectifying either the model in the ad or women in general and we therefore concluded the ad was unlikely to cause serious or widespread offence.

2. Upheld The model in ad (b) was wearing a blazer with nothing underneath, which exposed the side of her breast, and which was coupled with sheer tights, sheer gloves and underwear. We considered she would be seen as being in a state of undress and that the focus was on her chest area and lower abdomen rather than the clothing being advertised. We also noted that her head was tilted back, with her mouth slightly open, and her leg was bent and raised, which we considered was likely to be seen as a sexually suggestive pose. We considered that the sexually suggestive styling and pose would be seen as presenting women as sexual objects. Because the ad objectified women, we concluded that ad (b) was likely to cause serious offence.

3. Not upheld Ad (a) was seen on the London Underground and we accepted that children were likely to have seen the ad. However, for the reasons stated in point 1 above, we considered the image was not overtly sexual, and therefore concluded that it had not been placed inappropriately.

Ad (b) must not appear again in its current form. We told Missguided Ltd not to use advertising that objectified women and which was likely to cause serious offence.

ASA's new rule banning harmful gender stereotypes in ads has come into force.

The new rule in the Advertising Codes, which will apply to broadcast and non-broadcast media (including online and social media), states:

[Advertisements] must not include gender stereotypes that are likely to cause harm, or serious or widespread offence.

This change follows a review of gender stereotyping in ads by the Advertising Standards Authority (ASA).  Following the review, CAP (the rulle writing arm of ASA) consulted publicly on specific proposals to ban harmful gender stereotypes in ads, underpinned by the evidence collected by the ASA. The proposed restrictions were supported by a majority of respondents.

The evidence does not show that the use of gender stereotypes is always problematic and the new rule does not seek to ban gender stereotypes outright, but to identify specific harms that should be prevented.

The advertising industry has had six months to get ready for the new rule. The ASA will now deal with any complaints it receives on a case-by-case basis and will assess each ad by looking at the content and context to determine if the new rule has been broken.

Scenarios in ads likely to be problematic under the new rule include:

• An ad that depicts a man with his feet up and family members creating mess around a home while a woman is solely responsible for cleaning up the mess.

• An ad that depicts a man or a woman failing to achieve a task specifically because of their gender e.g. a man's inability to change nappies; a woman's inability to park a car.

• Where an ad features a person with a physique that does not match an ideal stereotypically associated with their gender, the ad should not imply that their physique is a significant reason for them not being successful, for example in their romantic or social lives.

• An ad that seeks to emphasise the contrast between a boy's stereotypical personality (e.g. daring) with a girl's stereotypical personality (e.g. caring) needs to be handled with care.

• An ad aimed at new mums which suggests that looking attractive or keeping a home pristine is a priority over other factors such as their emotional wellbeing.

• An ad that belittles a man for carrying out stereotypically female roles or tasks.

The rule and its supporting guidance doesn't stop ads from featuring:

• A woman doing the shopping or a man doing DIY.

• Glamorous, attractive, successful, aspirational or healthy people or lifestyles.

• One gender only, including in ads for products developed for and aimed at one gender.

• Gender stereotypes as a means to challenge their negative effects.

CAP will carry out a review of the new rule in 12 months' time to make sure it's meeting its objective to prevent harmful gender stereotypes.

Offsite Comment: No, adverts don't make us sexist

22nd June 2019. See article from spiked-online.com

The UK ban on ads with gender stereotypes is illiberal and patronising.

Following a public consultation, CAP has announced that ads will no longer be able to depict what it claims are harmful gender stereotypes .

The new rule in the Advertising Codes, which will apply to broadcast and non-broadcast media (including online and social media), states:

[Advertisements] must not include gender stereotypes that are likely to cause harm, or serious or widespread offence.

The new rule does not seek to ban gender stereotypes outright, but to identify specific harms that it decides should be prevented. 

CAP has published guidance to help advertisers stick to the new rule by providing examples of scenarios likely to be problematic in ads. For example:

• An ad that depicts a man with his feet up and family members creating mess around a home while a woman is solely responsible for cleaning up the mess.
• An ad that depicts a man or a woman failing to achieve a task specifically because of their gender e.g. a man's inability to change nappies; a woman's inability to park a car.
• Where an ad features a person with a physique that does not match an ideal stereotypically associated with their gender, the ad should not imply that their physique is a significant reason for them not being successful, for example in their romantic or social lives.
• An ad that seeks to emphasise the contrast between a boy's stereotypical personality (e.g. daring) with a girl's stereotypical personality (e.g. caring) needs to be handled with care.
• An ad aimed at new mums which suggests that looking attractive or keeping a home pristine is a priority over other factors such as their emotional wellbeing.
• An ad that belittles a man for carrying out stereotypically 'female' roles or tasks.

The rule and guidance does not intend to prevent ads from featuring:

• Glamorous, attractive, successful, aspirational or healthy people or lifestyles;
• One gender only, including in ads for products developed for and aimed at one gender;
• Gender stereotypes as a means to challenge their negative effects.

The new rule will come into force on 14 June 2019 .

CAP will carry out a 12 month review after the new rule comes into force to make sure it's meeting its objective to prevent harmful gender stereotypes.

Offsite Comment: Advertisers do not control our minds

21st December 2018. See article from spiked-online.com

The proposed ban on gender stereotypes in ads shows how little regulators think of us.

ASA's code writing arm, CAP, has launched a public consultation on a new rule to tackle harmful gender stereotypes in ads, as well as on guidance to advertisers on how the new rule is likely to be interpreted in practice. The purpose of today's announcement is to make public the proposed rule and guidance, which includes examples of gender portrayals which are likely to fall foul of the new rule.

The consultation proposes the introduction of the following new rule to the ad codes which will cover broadcast and non-broadcast media:

Advertisements must not include gender stereotypes that are likely to cause harm, or serious or widespread offence.

The consultation comes after the ASA published a report last year - Depictions, Perceptions and Harm - which provided an evidence-based case for stronger regulation of ads that feature certain kinds of gender stereotypical roles and characteristics. These are ads that have the potential to cause harm by contributing to the restriction of people's choices, aspirations and opportunities, which can affect the way people interact with each other and the way they view their own potential.

We already apply rules on offence and social responsibility to ban ads that include gender stereotypes on grounds of objectification, inappropriate sexualisation and depiction of unhealthily thin body images.

The evidence does not demonstrate that the use of gender stereotypes is always problematic or that the use of seriously offensive or potentially harmful stereotypes in advertising is endemic. The rule and guidance therefore seek to identify specific harms that should be prevented, rather than banning gender stereotypes outright.

The consultation on guidance to support the proposed new rule change provides examples of scenarios likely to be problematic in future ads. For example:

• An ad that depicts a man with his feet up and family members creating mess around a home while a woman is solely responsible for cleaning up the mess.

• An ad that depicts a man or a woman failing to achieve a task specifically because of their gender e.g. a man's inability to change nappies; a woman's inability to park a car.

• Where an ad features a person with a physique that does not match an ideal stereotypically associated with their gender, the ad should not imply that their physique is a significant reason for them not being successful, for example in their romantic or social lives.

• An ad that seeks to emphasise the contrast between a boy's stereotypical personality (e.g. daring) with a girl's stereotypical personality (e.g. caring) needs to be handled with care.

• An ad aimed at new mums which suggests that looking attractive or keeping a home pristine is a priority over other factors such as their emotional wellbeing.

• An ad that belittles a man for carrying out stereotypically "female" roles or tasks.

Ella Smillie, gender stereotyping project lead, Committees of Advertising Practice, said:

"Our review of the evidence strongly indicates that particular forms of gender stereotypes in ads can contribute to harm for adults and children by limiting how people see themselves and how others see them and the life decisions they take. The set of standards we're proposing aims to tackle harmful gender stereotypes in ads while ensuring that creative freedom expressed within the rules continues to be protected."

Director of the Committees of Advertising Practice, Shahriar Coupal said:

"Amid wide-ranging views about the portrayal of gender in ads is evidence that certain gender stereotypes have the potential to cause harm or serious offence. That's why we're proposing a new rule and guidance to restrict particular gender stereotypes in ads where we believe there's an evidence-based case to do so. Our action is intended to help tackle the harms identified in the ASA's recent report on the evidence around gender portrayal in ads."

The consultation closes on 26 July 2018 .

New rule to ban harmful gender stereotypes next year

Ella Smillie from the Committees of Advertising Practice (CAP, the rule writing arm of ASA), announced that a new rule will be introduced in the UK Advertising Codes next year to ban what it claims as harmful gender stereotyping in advertising.

The review by the Advertising Standards Authority (ASA) on claimed harmful gender stereotyping in advertising, Depictions, Perceptions and Harm , published last summer, proposed stronger censorship of ads that feature stereotypical gender roles or characteristics including ads which mock people for not conforming to gender stereotypes.

Ella Smillie said:

Following the review, we committed to developing new standards on ads that feature stereotypical gender roles or characteristics. We are now developing a new rule and guidance on the depiction of gender stereotypes in ads, which we will consult on in spring, 2018.

The review claimed that harmful stereotypes can restrict the choices, aspirations and opportunities of children, young people and adults. These stereotypes can be reinforced by some advertising, which therefore plays a part in unequal gender outcomes, with costs for individuals, the economy and society. The review welcomed the ASA's track record of banning ads on grounds of objectification, inappropriate sexualisation and for normalising unhealthily thin body images, but claimed that more needs to be done on gender stereotypical roles and characteristics portrayed in ads.

The new rule will not ban all forms of gender stereotypes. There will not be a ban on ads depicting a woman cleaning or a man doing DIY tasks. But, subject to context and content considerations, however ASA would ban an ad which depicts family members creating a mess while a woman has sole responsibility for cleaning it up, or an ad that features a man trying and failing to undertake simple parental or household tasks because of stereotypes associated with his gender.

Ella Smillie, Committees of Advertising Practice, said:

Some gender stereotypes in ads can contribute to harm for adults and children by limiting how people see themselves, how others see them, and potentially restricting the life decisions they take. The introduction of a new advertising rule from 2018 will help advertisers to know where to draw the line on the use of acceptable and unacceptable stereotypes.

We'll set out our proposed new standards in Spring 2018 and openly consult on them.