Determination summary

Discrimination and vilification in advertising

This document provides a general overview of Board determinations on complaints about

discrimination and vilification in advertising.
It is designed to assist the advertising industry, the self-regulatory body, consumers and others
interested in ensuring that advertising does not breach the AANA Code of Ethics or community
standards in relation to matters of discrimination and vilification and that such advertising is
positive, responsible, suitable for general viewing and contributes to the elimination of systemic
discrimination and vilification.
It is not a how-to guide, nor does it cover all situations which require care in understanding
elements of discrimination and vilification.
The Board considers overall impressions of communications as well as particular elements and
can uphold complaints in relation to either the entirety, or specific parts of an advertisement.
Humour, works of art and historical settings can all be positive elements in advertising.
However, the Board will consider whether in its opinion, these techniques are used as an excuse
to stereotype or discriminate against people or to portray behaviour which it considers
unacceptable today.
This document refers to specific Advertising Standards Bureau (ASB) case numbers to provide
practical examples of the issues under discussion. These were current at the time of writing and
should be used as a starting point only. Please refer to the ASB website for more recent
examples.

Relevant section of the AANA Code of Ethics:

2.1

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.

Definitions
Discrimination: Acts with inequity, bigotry or intolerance or gives unfair, unfavourable or less
favourable treatment to one person or a group because of their race, ethnicity, nationality, sex, age,
sexual preference, religion, disability and/or political belief. [For further discussion of discrimination
relating to gender, see the Portrayal of Gender Determination Summary]

Vilification: Humiliates, intimidates, incites hatred towards, contempt for, or ridicule of one person or a
group of people because of their race, ethnicity, nationality, sex, age, sexual preference, religion,
disability and/or political belief.

Race: People of a common descent or ancestral lineage.

Race can be viewed as a broad term and can include colour, descent or ancestry, ethnicity or ethnic
origin, nationality or national origin. This interpretation would include ideas of ethnicity or common
descent thus enabling people of Jewish origin or groups such as Muslims to be covered.

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Examples: 0332/14 Sunco Motors; 0299/14 Murray Goulburn; 0291/14 Beyond Blue; 0021/14 Yum
Restaurants; 0019/14 Gold Coast Tata; 0146/13 Misschu; 0129/13 UBank; 0111/13 Yum Restaurants;
0110/13 Boardroom of Melbourne; 0067/13 Dick Smith Foods; 0035/13 Choosi; 0008/13 Ultra Tune;
0003/13 Radio Rentals; 0488/12 Woolworths; 0484/12 Choosi; 0477/12 Westfield; 0401/12 Drug and
Alcohol WA: 0387/12 SBS; 0373/12 Wicked Campers; 0243/12 Samsonite; 0128/12 AAMI; 0090/12
Mars Confectionary; 0070/12 Commonwealth Bank; 0031/12 IP Awareness Foundation; 0267/11
Energy Watch

Ethnicity: Segments of a population distinguished from others by a sufficient combination of shared

customs, beliefs, traditions and characteristics derived from a common or presumed common past, even
if not biologically the same race.
Advertisements can suggest stereotypical aspects of an ethnic group with humour provided the overall
impression of the advertisements is not a negative impression of that ethnicity.
Ethnicity involves the concept of a historically determined social identity as perceived by both the group
itself and those outside the group. This identity is based not simply on group cohesion and solidarity but
also on their belief about their historical antecedents.
An ethnic group would be seen by themselves and outsiders as a distinct community by virtue of certain
essential characteristics such as:
a shared history distinguishing it from other groups and the memory of which it keeps alive; and
a cultural tradition of its own, often but not necessarily associated with religious observance.
Other relevant but not essential characteristics of an ethnic group are:
a common geographical origin or descent from a small number of common ancestors;
a common language not necessarily peculiar to the group;
a common literature peculiar to the group;
a common religion different from that of neighbouring groups or the general community
surrounding it; and
being a minority or an oppressed group within a larger community.
Examples: 0011/14 RAA of South Australia; 0127/13 Philips Electronics; 0035/13 Choosi; 0029/13
Brazilian Butterfly; 0128/12 AAMI; 0090/12 Mars

Nationality: The status of belonging to a particular nation by origin, birth or naturalisation.

The status of nationality can be transient and can change during a persons lifetime (i.e. a person born in
the United States who becomes a citizen of Australia by marriage may describe their nationality as both
Australian and American.
Examples: 0375/14 iinet; 0321/14 iinet; 0285/14 Lander Toyota; 0131/14 My Plates; 0323/13 General
Mills; 0016/12 Mars

Gender: The status of being male, female, intersex, trans-sexual, or transgender and of having
characteristics attributed to an individual or a group because they are male, female, intersex, transsexual or transgender.
All Commonwealth and State and Territory legislation prohibits discrimination on the basis of sex. State
and Territory legislation includes people who are intersex, trans-sexual and transgender.

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Anti-discrimination legislation includes sexual harassment as a type of sex discrimination when it refers
to unwelcome conduct of a sexual nature which targets a specific individual who feels offended,
humiliated or intimidated (and a reasonable person in their shoes would feel the same). Unwelcome
sexual conduct could include, among other conduct, lewd comments, smutty jokes, asking for sex, and
displays of offensive material.
Portraying a woman as attractive does not of itself constitute discrimination or vilification of women.
Examples: 0308/14 Edward Mowers Repairs; 0271/14 Wicked; 0234/14 Electodry; 0165/14 Southern
Cross Austereo; 0120/14 Mars Confectionary; 0117 Smiths; 0113/13 Extension Leads Australia;
0105/13 News Ltd; 0080/13 Yum KFC; 0030/13 Tremonti; 0027/13 Surf Dive n Ski; 0011/13 Lion;
0504/12 Virgin Money; 0469/12 Pleasure State; 0465/12 Wantitnow.com; 0461/12 Wicked Campers;
0458/12 Combe International; 0455/12 Suntory; 0454/12 Wimmers; 0442/12 Kia; 0437/12 ACP
Publishing; 0436/12 Cat media; 0435/12 American Apparel; 0434/12 Muscle Worx; 0416/12 SCA
Hygiene; 0402/12 Johnson and Johnson; 0388/12 YUM; 0384/12 Tamanie Jewellers; 0375/12 Wicked
Campers; 0271/12 Fosters; 0219/12 West Brew; 0183/12 Cheap as Chips; 0181/12 Harvey Norman;
0169/12 Coles; 0086/12 Wicked Campers
For further discussion on this topic, please refer to the Determination Summaries Portrayal of Gender in
Advertising and Use of sexual appeal in an Exploitative and Degrading manner.

Discrimination against men: An increasing number of complaints are received each year about
advertisements on the basis that men are depicted in an objectifying or discriminatory manner. The
majority of these complaints involve men depicted as being unintelligent or under the control of
women.
The Board will consider such complaints using the same criteria as those employed when considering
complaints about discrimination against women.
Examples: 0459/14 S&P Construction; 0343/14 AMI; 0301/14 MyPlates; 0234/14 Electodry; 0052/14
Beiersdof; 0017/14 Ozkleen; 0315/12 and 0314/12 Carnival Australia; 0231/12 Unilever; 0218/12 Great
Wall; 0169/12 Coles; 0061/12 Mitsubishi Motors;

Stereotypes of role: In the Boards view it is important to avoid the confusion often made between
discrimination and stereotyping (which can be negative, but is not in itself necessarily degrading).
It is unrealistic to expect advertisements to avoid showing women and men in traditional roles e.g.
carrying out household tasks, caring for children or working on a car. However, the Board would
carefully consider suggestions that such activities are womens work, or work of little value, or that
those who have those attributes are unintelligent or interested only in domestic trivia.
The Board has expressed disappointment in advertising that presents stereotyped representation of
gender roles including a narrow or unrepresentative view of womens or mens roles, occupations,
professional status, power in the community and level of intelligence.
The Board would normally consider acceptable advertising where men or women are portrayed in
traditional roles which are not seen as integral to the advertisement, and where the major focus of the
advertisement is on the product not the role portrayed.
Examples: 0495/14 SC Johnson; 0172/14 Specsavers; 0065/13 Virgin Money; 0486/12 George Weston;
0485/12 Murray Goulburn; 0482/12 Kellogg; 0401/12 Drug and Alcohol WA; 0231/12 Unilever;
0183/12 Cheap as Chips; 0181/12 Harvey Norman; 0090/12 Mars; 0031/12 IP Awareness Foundation

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Age: The number of years that someone has lived or characteristics generally pertaining to a stage or
phase in someones life, or characteristics generally imputed to people of that stage or phase.
Age is based on a persons chronological age (i.e. the date they were born) and not on a persons
biological age (i.e. physical age a person may exhibit)
Commonwealth and some State legislation proscribe discrimination on the basis of age where an
opportunity is denied to a person because of their age, or because of characteristics generally pertaining
to age, and where age is irrelevant to the persons ability to take advantage of that opportunity.
Examples: 0172/14 Specsavers; 0133/14 Mars Confectionary; 0123/14 Paddo Bowls; 0401/13
Volkswagen; 0213/13 Kimberley-Clark Aust; 0093/13 and 0081/13 IAG; 0046/13 Fosters; 0016/13 One
Harvest; 0501/12 McDonalds; 0485/12 Murray Goulburn; 0335/12 Nestle; 0231/12 Unilever; 0157/12
Golden Chain Motor Inns

Sexual preference: Homosexuality, heterosexuality, bisexuality and trans-sexuality.

Under Commonwealth legislation a person cannot discriminate against another person on the basis of
sexual identification, gender identity, or intersex status. Under the AANA Code of Ethics, the Board will
consider complaints regarding discrimination relating to sexual preference including homosexuality,
heterosexuality, bisexuality and trans-sexuality.
Examples: 0348/14 Carlton and United Brewers; 0317/14 Suncorp; 0286/14 Wynstan Blinds; 0227/14
iNova Pharmaceuticals 0196/13 Cam River Signs; 0079/13 Wicked Campers; 0487/12 Tabcorp; 0449/12
BCF; 0373/12 Wicked Campers; 0271/12 Fosters; 0154/12 The Sunday Times; 0102/12 Lion; 0001/12
SCA Hygiene

Religion: Peoples beliefs and opinions about the existence, nature, and worship of God, a god, or gods,
and divine involvement in the universe and human life or an institutionalised or a personal system of
beliefs and practices relating to the divine.
Although discrimination on the basis of religion is only covered by some State and Territory legislation,
such discrimination is proscribed under the Code, and should be interpreted in the plain English
meaning as defined above.
The Board often will not find an advertisement which uses religious symbols or themes to be
discriminatory, unless those references shows a religion, or people practicing a religion, in a negative
way.
Examples: 0219/14 Mars Confectionary; 0217/14 Sportsbet; 0211/14 Sportsbet; 0179/14 Wicked;
0178/14 Menulog; 0095/14 Aldi; 0409/13 Norco; 0378/13 Kia Automotive; 0359/13 Heavens Hell
Industries; 0493/12 EFTPOS; 0379/12 Pacific Magazines; 0375/12 Wicked Campers; 0155/12 Novus
Auto Glass; 0096/12 Wicked Campers; 0079/12 Red Bull

Disability: A current, past or potential physical, intellectual, psychiatric, or sensory illness, disease,
disorder, malfunction, malformation, disfigurement or impairment, including mental illness.
Disability is broadly and comprehensively defined in both Commonwealth and State anti-discrimination
legislation. For the purposes of the Code, the definition stated above should be observed and the Board
will consider complaints in which there is a reference to any form of disability which could cause
offence.

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A realistic depiction of people with a disability can be acceptable, even if the advertisement is upsetting
to some members of the community, if there is an important message being delivered.
Examples: 0196/14 Llewellyn Motors; 0157/14 Queensland Health; 0443/13 Sportsbet; 0386/13 Hotels
combined; 0031/13 Enfield Furniture; 0456/12 Bayer; 0216/12 Parmalat; 0157/12 Golden Chain Motor
Inns; 0145/12 iinet; 0071/12 Aircon and Heating Solutions

Political belief: Support for, or opposition to, government or civil administration or a particular
political party or ideology.
Discrimination on the basis of political belief is only unlawful in some Australian states and territories.
However, this is an aspect of life that can generate significant heat and the Board will consider
complaints which include offensive reference to political issues in advertisements.
Examples: 52/08 Mars; 302/08 Coopers Brewery

Other: Other issues that the Board will consider include such matters as discrimination on the basis of
physical characteristics (such as being obese or having a particular coloured hair) and discrimination
regarding employment status.
The Board will generally not consider that the use of someone with particular features or physical
characteristics in an advertisement of itself amounts to discrimination or vilification of people with those
characteristics or features.
Examples: 0284/14 Apple; 0313/13 Kia; 0372/13 Nissan; 0427/13 Meat and Livestock Australia; 0121/13
Fosters; 0089/13 Guys Grooming; 0038/13 Man with a Van; 0394/12 Beyond Blue; 0317/12 YUM;
0047/12 7 Eleven; 0010/12 Compare Insurance

Socio-ethical considerations
The Board applies legal standards on discrimination and vilification as its basis for considering
complaints of discrimination and vilification. It then undertakes additional socio-ethical considerations.
While legal standards have primacy, it is likely that socio-ethical considerations will assume significant
importance in cases where there is a difference of views among Board members.
As with many ethical dilemmas and debates, there are no absolute right or wrong answers, only more
and less justifiable solutions to problems considered on a case-by-case basis.
The Board seeks to determine if any ethical breaches or risks identified are defensible and worthwhile in
terms of the possible meanings of the advertisements to their potential audiences by addressing the
following questions.
(a

Identifying and avoiding offence with regard to stereotyping, misrepresentation, vilification or

satire
Does the advertisement portray a negative stereotype (A negative stereotype is an assumption
about a person or group that is not a positive assumption e.g.: accountants are boring (negative)
vs accountants are good with money (positive))
Does the negative stereotype implicate a disadvantaged or minority population group covered
by the Code?
If so, is it done humorously and in a lighthearted, comfortable tone and clearly produced by
people belonging to, or sensitive to the same group?
If the advertisement is intended to be humorous, is the humour successful and relevant? A
negative depiction of a group of people in society may be found to be in breach even if humour

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(b

is used. The depiction will be considered negative if a negative impression is created by the
imagery and language used in the advertisement.
Is the stereotype hurtful, prejudiced and/or biased against the individual or population group to
which the individual belongs?
If the stereotype is based on evidence, is the negative representation socially useful? (for
example; if the advertisement is a campaign against racism which depicts racist comments but
does so in the context that such comments are inappropriate and possibly illegal)
Is the stereotype satirising the behaviour of the individual based on choice, or is it satirising a
feature of the individual over which he or she has no control?
Is the person exhibiting the stereotype passively or actively in the advertisement? Passivity can
contribute to negative treatment and an unfortunate tone.
Could this advertisement cause offence?
If so, is the offence caused to a minority or disadvantaged group?

Identifying and avoiding offence with regard to using divisive social issues in order to gain
support of one group at the expense of another group, or with regard to incitement. This could be
termed wedge advertising.
Could the advertisement be regarded as a form of wedge advertising? That is:
Does the advertisement promote the interests of one population group at the expense of
another group?
Does the advertisement include negative stereotyping?
Does the advertisement include inflammatory language?
Where any of these approaches could incite hatred or contempt by one group for another group, or
conflict between groups. If so, this can also be considered to be discriminating or vilifying a person
or section of the community and breach Section 2.1.

Other considerations
In addition to the issues outlined above, the Board will also consider the nature of the media used when
developing campaigns, and the times in which advertisements are placed.
Outdoor advertising: Outdoor advertising is in the public domain and has a broad audience. The Board
believes that messages and images presented in this medium need to be developed with a general
audience in mind and has given particular attention to the placement of such advertising e.g. outdoor
advertising depicting violence or sexual content that is placed close to schools and churches is of
particular concern.
Examples: 0271/14 Wicked; 0110/13 Boardroom of Melbourne; 0105/13 News Ltd; 0081/13 IAG;
0089/13 Guys Grooming; 0079/13 Wicked Campers; 0046/13 Fosters; 0455/12 Suntory; 0434/12
Muscle Worx; 0387/12 SBS; 0375/12 Wicked Campers; 0243/12 Samsonite; 0047/12 7 Eleven
Digital media: Given the global reach of electronic networks and the variety and diversity of recipients,
the Board believes that it would be wise for digital advertisements to respect the potential sensitivities
of a global audience with particular reference to principles of social responsibility and the possibility of
causing offence.
Example: 0477/12 Westfield; 0469/12 Pleasure State; 0461/12 Wicked Campers; 0437/12 ACP
Publishing; 0435/12 American Apparel; 0388/12 YUM; 0271/12 Fosters; 0295/12 and 240/12 Unilever

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Timing: Advertising on television is prescribed by the Broadcasting Services Act and classified by Free TV.
Consumers express strong concern about contravention of this code, especially in relation to explicit
sexual material. The Board is particularly concerned that only material that is suitable for a particular
classification zone is broadcast in that zone.

Level of community concern about this issue

Community concern about discrimination and vilification in advertising has been reflected in complaints
to the Advertising Standards Bureau.
Discrimination and vilification concerns were identified in 18.1 per cent of all complaints received in
2013 (28.5 per cent in 2012 and 20.7 per cent in 2011).
The ASB and the advertising industry have demonstrated their responsibility and commitment to good
practice in this area by developing a coherent and responsible approach to the issue. This approach is
grounded in ensuring that advertisements are legal, decent, honest and truthful and are prepared with a
sense of obligation to the consumer and society.
In addition, the ASB commissioned research into this issue and published a comprehensive research
report on the matter in March 2009. This report is available on the ASB website:

http://www.adstandards.com.au/publications/factsandfigures

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