A press ad for the Ginger Pop Shop seen in the Purbeck Gazette in June 2016 included text which stated Visit our shop and get
the tea-towel! and featured an illustration of a golly character holding a pint of ginger beer with text underneath stating ENGLISH FREEDOM .
Two complainants, who believed the depiction of the golly character was racist, objected that the ad was offensive.
Ginger Pop Ltd said they did not accept that the golliwog represented negative racial stereotypes. They provided information about the history of the golliwog character, including his origins in a children's book in the late nineteenth century. They
provided a copy of that book and a sequel, with quotes about his origin from the author. They also provided a modern edition of a Noddy Book and The Golly , a collectors' handbook, which showed the variety of golly memorabilia available. They also
provided a letter from a supporter and a comments book from their shop, which they said showed that the vast majority of passers-by were positive about the fact they sold golliwogs in their shop. They referred to two online videos they had uploaded about
golliwogs. They believed the character as depicted in the original books and on Robertson's marmalade badges was heroic and was an aspirational role model. They acknowledged the character had become stereotyped over time which they said had led some to
believe the character was negative. They also said that he was not intended to be seen as a human character but as a magical being, and that many people of all backgrounds had golly toys as children. They supplied a tea-towel which they had produced to
celebrate 120 years of golliwogs, which included many adjectives to describe the character and which they were said were far removed from the minstrel doll stereotype.
ASA Assessment: Complaint upheld
The ASA understood that there had been some local controversy around the tea-towel produced by Ginger Pop for display and sale in their shop, and that the ad was a reference to that. However, we did not consider that all readers would be aware of that
background, or that such awareness would necessarily impact on their reaction to the ad.
The Code required marketers to ensure that ads did not contain anything that was likely to cause serious or widespread offence, and particular care must be taken to avoid causing offence on various grounds, including race. We noted that the ad featured
an image which was recognisably a golly character. We considered that many people were likely to view the character as representing negative racial stereotypes, and its prominent inclusion in a press ad was likely to cause serious or widespread offence.
We also considered that the inclusion of the words ENGLISH FREEDOM in the ad was likely to contribute to that offence, because in combination with the image it could be read as a negative reference to immigration or race. We therefore concluded
that the ad was likely to cause serious or widespread offence.
The ad must not appear again in the form complained of.
Advert censors at the Australian Advertising Standards Bureau (ASB) have banned an in-store video ad for Bras N Things featuring Playboy lingerie.
The censors whinged that advertisers did not treat the issue of sex, sexuality and nudity with sensitivity.
The video is similar to the video shown in this post and featured a woman wearing different styles of Playboy-branded lingerie and the video camera moving over the model's body to highlight the details on the lingerie.
A complaint to the ASB claimed the ad was amateur porn :
They were not merely modelling the underwear, they were moving suggestively, gyrating and looking lasciviously at the camera, like a very amateur porn movie. It was a demeaning and embarrassing display.
The ASB claimed that the:
Manner in which the lingerie is model by the woman is sexualised. The silent, moving image draws the eye of passers-by and considered that the model is stroking her hair and her moving her body suggestively and that this amounts to a sexualised impact.
The model appearing n the banned advert, 22-year old blonde Simone Holtznagel, has unloaded in her Instagram post on those who had the ad banned. She wrote:
Shout out to the prude who complained about my 'vulgar' and 'amateur porn' advertisement for the amazing Australian brand Bras N Things, and had the clip banned.
How dare you sexualise my body. How dare-after all society's requests, you take a confident and carefree depiction of a normal, healthy womanly body, promoting women's products to women, and deem it offensive. Do not impress your insecurities on me,
whether physical or sexual.
I shall continue on in being fearlessly me and embracing my curves and my confidence, and I encourage all women to do the same -- and if that's so wrong then I don't want to be right.
South Africa's department of trade and industry (dti) has
announced that it will open public discussions about the idea of giving the Advertising Standards Authority (ASA) control over all advertising.
The current industry funded solution is cash-strapped and litigation-entangled. themediaonline.co.za
It is probably time that the ASA was given statutory status because right now it is still constituted as an ad industry self-regulatory body that has no power to pronounce on advertising from non-members. It is pretty much toothless and moneyless.
The only time advertising agencies take notice of the ASA is when one of their own ads comes under fire and then they cackle like hens and beat their breasts for a while before retreating back into their self-serving shells.
If the ASA becomes a statutory body or government agency, the ad industry only has itself to blame.
But in its present form , the ASA cannot possibly become a statutory body, mainly because some of its regulations are unconstitutional. It will also have to change its revenue model. With so many former funders having bailed out and leaving them facing
bankruptcy only a few months ago, the ASA has been forced to seek revenue from their adjudication process -- charging a considerable amount of money for advertisers to appeal.
In addition, the ASA will also have to bring a lot more balance to the process of advertising regulation. Right now a single consumer can complain about an advertisement and this is enough for the ASA to start their processes. There has been any number
of instances over the years of individuals complaining rather flippantly and often downright stupidly about advertisements, resulting in the advertisers having to spend an awful lot of money defending themselves. The cost is enormous and even bigger when
one takes into account lost opportunities.
The ad industry is in a mess. Certainly, regulation is needed for advertising that is dishonest or untrue. But, when it comes to advertising that might be perceived by a few consumers to be offensive, this requires adjudicators to play god. And there is
absolutely no way a few lawyers or even advertising experts on ASA panels can possibly determine whether something that is offensive to one person is equally offensive to millions.
The Palaszczuka? government has found an expensive way to get Wicked camper vans' offensive slogans off
Queensland roads. Make up a new law.
Yvette D'Ath, Queensland's Attorney-General, will introduce legislation which will see commercial registration holders who fail to comply with determinations by the Advertising Standards Bureau face having the registration of those vehicles cancelled.
I understand clearly the level of community concern about the vulgar, crass and offensive slogans that have been displayed on some commercial vehicles in Queensland and other parts of Australia.
They have been subject to frequent complaints to the Advertising Standards Board. When the ASB has deemed those slogans to be offensive, the typical response from the holders of those commercial vehicle registrations has been deafening silence.
Now if they refuse to remove the offensive slogans, their vehicles will be off the road.
Working in conjunction with the Department of Transport and the ASB, D'Ath said the solution allowed the advertising watchdog to maintain its power, but gave any adverse finding teeth.
The government hopes to have the legislation in front of the parliament by the end of the year.