Advertising News

A website and a leaflet, for Healing on the Streets - Bath, viewed on 10 May 2011:

a. The website home page stated Our vision is to :- Promote Christian Healing as a daily life style for every believer, through demonstration, training and equipping. We are working in unity, from numerous churches outside the four walls of the building, In order to :- - Heal the sick ....

A page headed What people have told us afterwards ... included five testimonials in which people stated that after receiving prayer their conditions had been improved.

b. The leaflet was available for download on the website under the heading Download a healing flyer by clicking below. The leaflet stated NEED HEALING? GOD CAN HEAL TODAY! Do you suffer from Back Pain, Arthritis, MS, Addiction ... Ulcers, Depression, Allergies, Fibromyalgia, Asthma, Paralysis, Crippling Disease, Phobias, Sleeping disorders or any other sickness? We'd love to pray for your healing right now! We're Christian from churches in Bath and we pray in the name of Jesus. We believe that God loves you and can heal you from any sickness. Issue

A complainant challenged whether:

1. the claim in ad (b) that the advertiser could heal the named conditions was misleading and could be substantiated;

2. the testimonials in ad (a) misleadingly implied that the advertiser could heal the conditions referred to; and

3. the ads were irresponsible, because they provided false hope to those suffering from the named conditions.

4. The ASA challenged whether the ads could discourage essential treatment for conditions for which medical supervision should be sought.

ASA Assessment: Complaints Upheld

1., 2. & 3. Upheld

The ASA acknowledged that HOTS sought to promote their faith and the hope for physical healing by God through the claims in their ads. However, we were concerned that the prominent references in ad (b) to healing and the statement You have nothing to lose, except your sickness in combination with the references to medical conditions for which medical supervision should be sought such as arthritis, asthma, MS, addictions, depression and paralysis, could give consumers the expectation that, by receiving prayer from HOTS volunteers, they would be healed of the conditions listed or other sicknesses from which they suffered. We also considered that the testimonials in ad (a) could also give consumers that expectation, and furthermore, noted that a video on the website also made claims that HOTS volunteers had successfully prayed for healing for people with cancer, fibromyalgia, back pain, kidney pain, hip pain, cataracts, arthritis and paralysis. We noted the testimonials on the website and in the video but considered that testimonials were insufficient as evidence for claims of healing. We therefore concluded the ads were misleading.

We acknowledged that HOTS volunteers believed that prayer could treat illness and medical conditions, and that therefore the ads did not promote false hope. However, we noted we had not seen evidence that people had been healed through the prayer of HOTS volunteers, and concluded that the ads could encourage false hope in those suffering from the named conditions and therefore were irresponsible.

We acknowledged that HOTS had offered to make amendments to the ads, and to remove the leaflet from their website. However, we considered that their suggested amendments were not sufficient for the ads to comply with the CAP Code.

On these points, ads (a) and (b) breached CAP Code rules 1.3 (Social responsibility), 3.1 and 3.6 (Misleading advertising), 3.7 (Substantiation), 3.47 (Endorsements and testimonials), 12.1 and 12.6 (Medicines, medical devices, health-related products and beauty products).

4. Upheld

We understood that HOTS volunteers were instructed to give a letter to the recipients of prayer which told them they should not stop taking their medication or following the advice of medical professionals. We also noted their offer to add a prominent reference along the lines of that letter to their website. However, we considered that, because both the leaflet and the website made claims that through the prayer offered by HOTS volunteers people could be healed of specific medical conditions for which medical supervision should be sought such as arthritis, asthma, MS, addictions, depression and paralysis, the ads could discourage people, and particularly the vulnerable or those suffering from undiagnosed symptoms, from seeking essential treatment for medical conditions for which medical supervision should be sought. We concluded the ad breached the Code.

On this point, ads (a) and (b) breached CAP Code rule 12.2 (Medicines, medical devices, health-related products and beauty products). Action

The ads must not appear again in their current form. We told HOTS not to make claims which stated or implied that, by receiving prayer from their volunteers, people could be healed of medical conditions. We also told them not to refer in their ads to medical conditions for which medical supervision should be sought.

HOTS Bath official response

From hotsbath.org

We are disappointed with the ASA's decision, and will appeal against it because it seems very odd to us that the ASA wants to prevent us from stating on our website the basic Christian belief that God can heal illness.

The ASA has even demanded that we sign a document agreeing not to say this, which is unacceptable to us - as it no doubt would be for anyone ordered not to make certain statements about their conventional religious or philosophical beliefs.

All over the world as part of their normal Christian life, Christians believe in, pray for and experience God's healing; our ministry, in common with many churches, has been active in praying for God's healing (of Christians and non Christians) for many years.

Over that time the response to what we do has been overwhelmingly positive, and we find it difficult to understand the ASA's attempt to restrict communication about this. Our website simply states our beliefs and describes some of our experiences.

We tried to reach a compromise, recognising some of the ASA's concerns, but there are certain things that we cannot agree to -- including a ban on expressing our beliefs.

Film posters for a new French film, Les Infideles, about adultery have been taken down in Paris because they are supposedly too provocative.

The adverts show Jean Dujardin and Gilles Lellouche implying sexual positions which campaigners have claimed degrade women.

On poster showing a girl with her head at the groin of a guy on a phone is captioned It's going to cut out, I'm just entering a tunnel

In the other advert a woman's legs are in the air and are being held by Dujardin. It says underneath I'm just going into a meeting.

ARPP, the French advert censor, has ordered that the billboards be taken down. Stephane Martin, who works for the censor, told French newspaper Le Parisien:

We already feel that this campaign is against the rules, even if it relates to the subject of the film, a comedy about adultery.As a preventative measure, we've already counseled JC Decaux, who are in charge of the billboards, to take them down.

ASA has unveiled a new logo following a rebrand to coincide with the start of a year in which it celebrates 50 years of what it likes to consider as keeping UK advertising legal, decent, honest and truthful.

The ASA was established on 24 September 1962 to regulate non-broadcast advertising. Since then the remit has been extended to TV + radio ads and more recently to cover online ads.

The ASA will be marking this milestone through a variety of activities over the next 12 months.

The Committee of Advertising Practice (CAP) and the Broadcast Committee of Advertising Practice (BCAP) are the bodies responsible for writing and revising the rules in the UK Advertising Codes.

CAP and BCAP have made changes to the UK Advertising Code rules relating to the advertising of post-conception advice services (PCAS). PCAS offer a range of services to women, including for example advice on health and well-being, provision of ultrasound services, as well as advice about women's choice to continue with their pregnancy or to have a termination.

NHS-accredited PCAS must provide a full range of impartial advice to women about all available options including termination, for which treatment they may refer women in some cases. Other advice services also operate, which for various reasons, some ethical or religious, do not refer women for termination.

In 2009, CAP and BCAP conducted a thorough review of advertising rules in this area. BCAP saw no reason to maintain difference in regulation between radio and television for PCAS: nor did it see a justification for discriminating between commercially and not-for-profit based service providers. Moreover, on the grounds of public health, it proposed a new rule to protect potentially vulnerable women from being misled by advertisements.

BCAP then initiated a public consultation over their proposals:

• To allow commercial providers of PCAS to advertise on television, subject to the same rules that applied to non-commercial PCAS providers, who could already advertise on TV.
• Removing the radio rule permitting advertising only by those Family Planning Centres (FPCs) with local authority or NHS approval.
• Extending an existing radio rule to television, requiring medical and health advice services to provide suitable credentials before being able to advertise;
• Introducing a new rule to require services offering post-conception advice on pregnancy that do not directly refer women for a termination to make that fact clear in their advertisements.

The outcome from the consultation resulted in the new rules:

Broadcasting code rule 11.11.1:

Advertisements for services offering advice on unplanned pregnancy must make clear in the advertisement if the service does not refer women directly for a termination. Given that terminations are lawful only in some circumstances, and are subject to particularly stringent requirements in Northern Ireland, advertisers may wish to seek legal advice before advertising. The UK

Non-broadcast Advertising, rule 12.24:

Marketing communications for services offering advice on unplanned pregnancy must make clear if the service does not refer women directly for a termination. Given that terminations are lawful only in some circumstances, and are subject to particularly stringent requirements in Northern Ireland, marketers may wish to seek legal advice.

The new rules take effect on 30 April 2012.

A poster promoting an album by a rock band, seen in October 2011, showed an image of a woman leaning back with her eyes closed. She was shown wearing a skimpy halter-neck outfit which covered her nipples but left her stomach and the bottom of her breasts uncovered. Her right hand was placed by her crotch and she was holding a string with two silver balls attached, which dangled between her legs. The band's name appeared in the middle of the image and beneath it, large text stated BALLS OUT.

Underneath, the ad showed an image of the four members of the band and text which stated THE NEW ALBUM UNLEASHED FOR HALLOWEEN... Issue

Imkaan, a charity devoted to raising awareness and offering support to women from ethnic backgrounds who were victims of abuse and violence, and four members of the public challenged whether the ad was:

1. offensive, because they considered the image of the woman was demeaning and overtly sexual in its nature.

2. Imkaan and three of the members of the public also challenged whether the ad was unsuitable for public display where it might be seen by children.

Universal Island Records, a division of Universal Music Operations Ltd said that the poster depicted the album cover for the rock band, Steel Panther who were a pastiche of an 80s heavy metal band who took their inspiration from bands such as Whitesnake and Bon Jovi. The band's stage performance and persona were very tongue in cheek, nothing about them was serious and their concept was a send-up of the typical 80s band, although their music was new and original. They said the poster was designed to have a retro 80s look which was not done seriously and poked fun at the ridiculousness of the attitude to women, outfits and music in that era. The poster was meant to be ludicrously over the top and not meant to undermine women.

ASA Assessment: Complaints Upheld

The ASA noted Universal Island Records' argument that the poster was not meant to cause offence or be seen as demeaning to women. However, we considered that the main image on the poster was overtly sexual. We noted that the pose of the woman showed her with her legs apart, her hand between her legs and her breasts partially exposed and considered that her facial expression was suggestive of an orgasm and sexual activity. In addition to this, we considered that the album title Balls Out was sexually suggestive particularly when viewed in the context of the poster, where the woman was seen dangling two silver balls between her legs in a way that we considered was suggestive of male genitalia.

We noted Universal Island Records' argument that the poster was meant to be viewed humorously and not to be taken seriously as it was meant to represent the over-the-top image of the band featured in the poster. However, we considered that most people would not view the poster in this way and even if they had viewed it in that context, the poster was overtly sexual when taken as a whole. Given its placement in a range of public locations, we concluded that it was likely to cause serious and widespread offence, was unsuitable to be seen by children and therefore was not appropriate for outdoor advertising.

The poster breached CAP Code rules 1.3 (Social responsibility) and 4.1 (Harm and offence).

The British Association of Aesthetic Plastic Surgeons (Baaps) has called for cosmetic surgery advertising to be banned.

Baaps said cosmetic surgery as a medical procedure should not be advertised, in the same way that the promotion of prescription medicines is banned. Baaps president Fazel Fatah said:

Over the last decade the Baaps has worked tirelessly to educate the public on the many aggressive marketing gimmicks that not only trivialise surgery but endanger the patient.

We have warned against the unrealistic expectations set by reality 'makeover' shows and against crass competition prizes promising 'mummy makeovers' and body overhauls.

In no other area of surgery would one encounter Christmas vouchers and two-for-one offers - the pendulum has swung too far, and it is time for change.

A women's campaign group has struck out at a change in advertising codes it claims will lead to more sexist beer commercials on television.

The director of the Women's Health Action Trust said the New Zealand Advertising Standards Authority had cut guidelines which prevented alcohol adverts from depicting unduly masculine themes or portray unrealistic behaviour.

Director of Women's Health Action Trust, Maree Pierce, said they were stunned the ASA would chose to weaken its rules at a time when New Zealand communities:

have made such a strong call for more rigorous control of alcohol advertising and its content.

Plenty of evidence has shown how beer advertising, both in New Zealand and abroad, draws heavily on stereotypical masculine themes and routinely portrays sexist, derogatory and degrading behaviour by men, towards women, as part of beer drinking culture and lifestyle.

But the Advertising Standards Agency said a flood of alcohol advertisements which were derogatory towards women was very unlikely. Following a review late last year of the Code for Advertising Liquor, the ASA removed the requirement that alcohol advertisements shall not depict unduly masculine themes or portray unrealistic behaviour.

A poster advertising lingerie, seen on the side of buses in early November 2011, stated Introducing Naked Glamour Calvin Klein Underwear and featured five images of a model wearing a bra and briefs.

The complainant, an Orthodox Cherdi Jew, objected that:

1. the ad was offensive to the large Orthodox Jewish population of Stamford Hill, whose religious beliefs required them not to see images of women wearing only underwear;

2. it was irresponsible to display the ad in untargeted media in public as it would be seen by children.

Calvin Klein said they did not believe that the ad was offensive or socially irresponsible. They said the ad merely featured the product, their underwear range, being worn by a model. They believed it was reasonable to feature models wearing underwear when advertising these products, and that the ad was neither sexually suggestive nor overtly sexual. They also said their media vendor had not believed that the ad fell into the risky category, and had been happy for the ad campaign to proceed.

ASA Decision: Complaints not upheld

1. Not upheld

The ASA noted that there was no explicit nudity in the images, and that the ad was for an underwear range. We considered that the nature of the product meant that viewers of the ad were less likely to regard the ad as gratuitous or offensive, and noted that the poses of the model were natural. We considered that the ad might be viewed by some as mildly sexual in nature, as the underwear featured in the largest image appeared sheer in nature, and the product name Naked Glamour was featured. However, although we recognised that some people with strongly held religious views may find the ad distasteful, we did not consider that the ad was likely to cause widespread offence or serious offence to those with religious views.

On this point we investigated the ad under CAP Code rule 4.1 (Harm and offence) but did not find it in breach.

2. Not upheld

We noted the complainant's concerns that this ad, displayed on buses, was likely to be seen by children. We considered that the ad may be viewed by some as mildly sexual in nature, as the underwear featured in the largest image appeared sheer in nature, and the product name Naked Glamour was featured. However, we did not consider that the images were overtly sexual, and considered that the ad was acceptable for use in outdoor media likely to be seen by children. We therefore concluded that the ad was not socially irresponsible.

On this point we investigated the ad under CAP Code  rule 1.3 (Social responsibility) but did not find it in breach.

An internet video ad, for the 12A rated film Abduction, was viewed on YouTube on 15 September 2011. It appeared before an animated clip called The Duck Song and included action sequences that involved shooting, vehicle chases, punching, a couple kissing and a man who kicked his way through a glass window. The voice-over stated, An assassin wants him dead ..., which also appeared in text on screen.

A complainant, whose two-year-old saw the ad, challenged whether it was irresponsible, because she believed it was inappropriate to be shown during a video that was addressed to children.

Lions Gate UK Ltd (Lions Gate) said the film Abduction was rated 12A. They said they expected viewers of YouTube to be aged 13 years or over and that YouTube had accepted the online ad and scheduled its appearances. They said the TV version of the ad had been cleared by Clearcast with an ex-kids restriction and the online version was substantially the same. Lions Gate said they worked hard to avoid causing offence or distress to viewers.

YouTube said they were not able to verify whether the ad had appeared before The Duck Song clip. They said it must have appeared on a YouTube partner page, however, because those were the only pages on which advertising could appear. They said if content on partner pages was flagged as being suitable only for adult users, no ads would appear. YouTube said their terms of service meant that viewers must be aged 13 or over and stated If you are under 13 years of age, then please do not use the Service. There are lots of other great websites for you. Talk to your parents about what sites are appropriate for you. They said if viewers aged under-13 viewed the site regardless, there was a risk they would see content or ads that were not suited to children under the age of 13. They said the exact ads they saw would depend on a number of factors, including whether the parent had signed into their YouTube account before viewing, whether they had enabled safe search on their account and what targeting methods the advertiser had used when they placed their ad.

They said there were other methods of targeting for advertisers who wanted their ads to reach as many consumers as possible; for example a banner ad at the top of the homepage or First Watch ads, which allowed advertisers to run an ad so it was seen only once by a user visiting a YouTube partner page on any given day. Those ads could appear on any partner page. However, all advertisers were contractually obliged to make sure the ads were family safe and complied with all terms and conditions and YouTube ad policies, including, for First Watch ads, the more restrictive policy that was specific to the home page. YouTube double-checked compliance with the home page policy before accepting ads via First Watch. They said the Lions Gate ad was placed via First Watch and therefore it could appear to any YouTube user, regardless of whether or not they had logged in. They said they considered the ad to be family safe because although the scenes were cut quickly and much of the filming was dark and suggestive, there was no explicit violence, no blood or scenes of death, no shooting victims (only sounds of shots fired) and no adult language or explicit sexual content.

They said the website was merely a platform and they were not responsible for the content of videos or ads that might appear. It was for advertisers to ensure their ads were targeted appropriately, and partners who did not want ads, including First Watch ads, to appear against content they uploaded did not have to do so. They said they were always willing to listen to comments and suggestions from their users, who could report ads they felt violated their community guidelines or ad policies.

ASA Decision: Complaint Upheld

The ASA noted the ad reflected the content of an action film. We considered, however, it included some scenes, in particular those of shooting, explosions and punching, that were unsuitable for younger children. We noted that in order to create a YouTube account, users were required to confirm that they were at least 13 years old. We also noted, however, material on the site could be viewed without logging in and therefore it was not possible to prevent under-13-year-olds from viewing material. We noted that users could also be unaware of that policy. We also noted that information YouTube provided indicated to potential advertisers that, based on US figures from 2010, they understood seven per cent of unique visitors to be aged two to eleven and a further nine per cent to be aged 12 to 17, with those audiences described as having 39% and 61% Reach of Online Universe respectively. We acknowledged that data was relevant to a different market but considered it nevertheless indicated that children were likely to view footage, and therefore ads, on YouTube. We noted YouTube offered advertisers the option of age-gating their marketing material, whereby the ad was targeted via the date of birth registration held for users; only users who were logged in and met the relevant age criteria would see such an ad. We considered the The Duck Song clip during which the ad appeared, was likely to appeal to children and noted the ad was served in such a way that it could be viewed by all YouTube users, even if they had not logged in. Because it included scenes that were unsuitable for younger children and it could be viewed by all YouTube users, we considered the ad was inappropriately targeted. We therefore concluded that it breached the Code.

The ad breached CAP Code rules 1.3 (Responsible advertising) and 5.1 (Children). Action

The ad must not appear again in its current form. We told Lions Gate to ensure that future marketing communications addressed to, targeted directly at or featuring children contained nothing that was likely to result in their physical, mental or moral harm.

A church advertising campaign that depicted atheists as empty headed has been banned by South Africa's advert censor.

South Africa's Advertising Standards Authority ruled that a billboard that suggested non-believers considered their existence to be accidental was likely to be found offensive.

The offending poster showed a picture of a man holding his hands against his temples in thought above the line An atheist is a man who believes himself to be an accident, famously attributed to British poet Francis Thompson. It was erected last year in a prominent position on the property of the Rivers Church in Johannesburg.

However, the ASA noted that it was obliged to consider the advertisement's content after it received a complaint from a non-Christian member of the public. The ASA wrote:

The church submitted that the advertisement is based on Psalm 14v and Psalm 53v1, which say "only foolish say in their hearts there is no God".

It is apparent that the proverbial line is drawn when advertising propagates statements that undermine the dignity and constitutionally protected right to freedom of religious beliefs of any identifiable sector of society.

The visuals of a man holding the sides of his empty head suggest that atheists are 'empty-headed or lack intelligence, presumably as a result of the above belief communicated.

This is something that would likely offend all atheists in a manner that the Code seeks to prevent.

The church was ordered to pull down the advert immediately and was banned from using the material again.

The Advertising Standards Authority (ASA) has dismissed a complaint from the National Secular Society which had accused the ASA of unreasonably restricting freedom of expression by banning advertisements too readily if they risk offending even a few believers.

In a long justification of its enforcement of the Code of Advertising Practice, the wording of which the NSS also attacked, James Best, chairman of the CAP, refused to accept any of the NSS's points about its banning of ads that poke even mild fun at religion.

The complaint arose from the banning of a series of advertisements from the ice cream company Antonio Federici, which, in the ASA's word were offensive, because they believed they mocked Catholicism.

Keith Porteous Wood, Executive Director of the National Secular Society, said:

When the adverts were banned, the NSS said that the ASA was introducing a new sort of blasphemy law through the back door. This response from the ASA gives us no reason to change that opinion. When did it become illegal to satirise Catholicism?

We have become increasingly concerned about an unreasonable deference to religion by the ASA. We were particularly irked by the banning of the ice cream ads, one of which (in the ASA's own words) showed two priests in full robes who looked as though they were about to kiss. One of the men also wore rosary beads and held a spoon in his hand; the other held a tub of ice cream. The ad included text that stated We Believe in Salivation.

The advertisements were ruled by the Authority to have breached the Code of Advertising Practice (CAP) and the number of complainants is often pitifully small, just six in the case of the priests and ice cream ad.

The Code of Advertising Practice includes the ruling that ads:

should contain nothing that is likely to cause serious or widespread offence. Particular care should be taken to avoid causing offence on the grounds of race, religion, sex, sexual orientation or disability.

The NSS complained last year to the ASA, and a high level meeting was arranged between the ASA's chair, Lord Smith of Finsbury (supported by senior executives), and Keith Porteous Wood and NSS senior campaigns officer, Tessa Kendall.

Wood said:

We emphasised the importance of freedom of expression and pointed out that one of their adjudications had recently been overruled by the courts on grounds of freedom of expression. Ironically, the case had been brought by a fundamentalist church, in respect of the banning of its advert criticising Gay Pride parade inBelfast. The ad was headlined 'The word of God against sodomy' and invited those who opposed the parade to meet peacefully.

The NSS is now considering its next step.

South Africa's Advertising Standards Authority has ruled that a Tracy McGregor billboard in Johannesburg was harmless.

The advert censor dismissed complaints that the billboard depicted women as objects for sexual gratification, degrades the dignity of women and encourages sexual promiscuity.

Tracy McGregor, the 2008 FHM Sexiest Women winner, is shown on the billboard wearing black stilettos and black lace underwear, with one arm over her head. Next to her are the words: Playboy Playmate Parties and the Playboy SA website address is given below.

But a handful of motorists and residents were less than titillated. One said that the billboard promotes pornography and that he was uncomfortable having to explain such images to his young nieces and nephews.

In its response, Playboy SA said the magazine carried far tamer content than some magazines on local shelves, and suggested that those who were offended should focus on the message detergent adverts sent to society about women.

And it seems the advertising body agreed, saying in its ruling that Playboy had chosen not to gratuitously depict a lustful, sexual image. The billboard is not overtly sexual and imagery of a seductively dressed woman is a product relevant to the advertiser.

A circular for a club night at Riverside in Newcastle, delivered as a door drop in October 2011, featured an image of a woman crouching in front of a man with her buttocks on display from beneath her dress. Foam spurted from the man's crotch. Text stated every Wednesday TEQUILA come and swallow. A cartoon image of a mouth appeared in the top-left corner with the slogan dedicated to oral pleasure. The reverse of the circular featured the same image and additional text about the club night. A review stated A spirit-fuelled den of hedonism and debauchery. Other text stated Tequilas [sic] coming to Newcastle ... will you swallow? ... we are here for your pleasure and your pleasure alone ... Tequila is where your hottest and sexiest experiences will take place! What you can remember is sure to be one of your greatest memories of university. Newcastle ... get ready to be seduced. Issue

1. A complainant challenged whether the circular was offensive and unsuitable for an untargeted medium, where it could be seen by children.

The ASA challenged whether the circular:

2. condoned irresponsible consumption of alcohol; and

3. linked alcohol with sexual activity.

Stage One Events Inc. (Stage One Events) apologised that the circular had caused offence in the local community. They said that it had been put through doors in the local area over one weekend as part of a campaign to launch a new student event in a very diluted market. It was felt that this would help the business and would offer a new event to the students of Newcastle and add to the social life of those attending university in the city, whilst also creating jobs in a stagnant market.

ASA Decision: Complaints Upheld

1. Upheld

We noted Stage One Events' argument that they created the circular to launch a new business in the area. We considered, however, that the image on the circular was sexually explicit and noted that claims on the circular come and swallow and dedicated to oral pleasure were clearly intended as sexual innuendo. We considered the text on the reverse of the circular which promised the hottest and sexiest experiences and ended with the claim Newcastle ... get ready to be seduced were sexually suggestive. We concluded therefore that the circular was likely to cause serious and widespread offence and was not appropriate for an untargeted medium, where it could be seen by children.

On this point, the circular breached CAP Code rules 1.3 (Social responsibility) and 4.1 (Harm and offence).

2. Upheld

We noted that the CAP Code required marketing communications to contain nothing that was likely to lead people to adopt styles of drinking that were unwise, including excessive drinking. We considered however that there was a clear inference that excessive drinking was acceptable and condoned from anyone attending the event advertised in the circular. Aside from the fact that the event was called Tequila, named after a well-known high-strength spirit, we noted that the circular included an apparent quote from a newspaper which described the event as a spirit-fuelled den the inclusion of which we considered took a celebratory tone which highlighted the fact alcohol consumption was condoned. We also considered that the claim What you can remember is sure to be one of your greatest memories of university encouraged the excessive consumption of alcohol to the point where guests would be so drunk that they could not recall what they had done during the previous evening. Because of a clear association with alcohol and excessive drinking, we considered that the circular condoned irresponsible consumption of alcohol.

On this point, the circular breached CAP Code rule 18.1 (Alcohol).

3. Upheld

We noted that the CAP Code required marketing communications not to link alcohol with seduction, sexual activity or sexual success. We considered that the image on the front of the circular was sexually explicit and the accompanying text will you swallow, come and swallow and dedicated to oral pleasure was sexually suggestive. We further considered that the claims on the reverse of the circular Tequila is where your hottest and sexiest experiences will take place and Newcastle ... get ready to be seduced had sexual connotations. Because these claims and the image appeared in the circular which advertised an event which was heavily linked to alcohol consumption, gave details of drinks prices and was called Tequila, we considered that there was a link to sexual activity, and the circular gave out the message that drinking alcohol was preliminary to sex or made sexual activity very likely. We also considered that the newspaper quote a spirit-fuelled den of hedonism and debauchery condoned reckless and irresponsible sexual behaviour and alcohol consumption. Because of this, we concluded that the circular was irresponsible.

On this point, the circular breached CAP Code rule 18.5 (Alcohol).

A Libra tampon commercial featuring a trans woman has been labelled transphobic by implying that transgender women are not real women.

The advertisement depicts a blonde woman and an obviously trans woman competitively applying make up and arranging their clothes while in a nightclub bathroom.

The blonde woman then takes a Libra tampon out of her bag which causes the trans woman to storm out of the bathroom.

Sally Goldner of Transgender Victoria told Gay News Network:

It's just an incredibly thoughtless ad. It is pretty clear that it is implied that a transgender woman is not a real woman.

It raises questions to me how the company making the product, the ad company and standards board could allow it to go to air.

I think this really highlights the lack of teeth that groups like the ACMA and the press council have in these areas of respect where vilification happens but there needs to be more respect. It's not just transgender people who are affected.

Goldner added that suggestions have been made calling for an apology and for Libra to do something to support the trans community: Some people have suggested they should fund some positive message about transgender people and really show that they are concerned.

UK transgender activist Jane Fae commented:

It is unfortunate, in this day and age, that some companies still consider that a good way to sell their products is by picking on a minority and making fun. As society has grown up, with the offense given by many everyday jokes better understood – and in many cases also made specifically unlawful through equalities legislation – the range of minorities left for advertisers to pick on has grown ever more eccentric.

Update: Campaign on Hold

5th January 2012. See article from janefae.wordpress.com by Jane Fae

Following worldwide outrage, an ad campaign for Libra feminine hygiene products, which had been circulating in Australia and New Zealand, has now been put on hold.

A spokeswoman for Libra product, which is the leading brand of feminine hygiene product in the Australasia region, said today that they were completely taken by surprise by the strength and ferocity of the reaction. They had tested the ad and achieved a positive reaction from their core audience. She said:

It was never our intention to hurt or to offend. The ad was intended as a piece of humour designed to promote a positive image of women.

We were shocked by the reaction from the trans community -- although now that we have had a chance to reflect on comments made, we can understand better their perspective.

We are aware that trans women make use of feminine hygiene products.

She went on. It is the summer holiday period in Australia now, which means many of the marketing team are not available.

However, we will be putting this campaign on hold -- and when the marketing team are back next week, we will be re-evaluating this campaign. It is very unlikely that it will ever air again in its present format.