Bulletin

May 2020 #119

Flaming, flipping, freaking language

An outdoor advertisement for ‘no sugar added’ iced coffee was on thin ice last month after community concerns were raised about the phrase ‘sweet FA’.

The Ad Standards Community Panel (the Community Panel) determined that while the relevant audience was broad, the phrase was unlikely to be understood by children and therefore did not breach Section 2.5 of the AANA Code of Ethics.

Sensitivity to the relevant audience

Historically, the Community Panel has found that ads treating sex, sexuality and nudity with sensitivity to the relevant audience will not breach Section 2.4 of the AANA Code of Ethics

The Panel considered a number of cases in May about ads streamed online and through on demand TV which raised concerns about sexualised content (as well as language, including use of the words ‘porn’ and ‘vagina’). The Panel determined the issues were treated with sensitivity, were not inappropriate for the relevant audience/s, and did not breach the Code.

Ad Codes cover all content in control of the advertiser

Another case this month concerning language in advertising highlights the need for advertisers to be aware that the advertising Codes cover all content in the control of the advertiser and ‘any material which is published or broadcast using any medium’.

The Community Panel found that a website blog post with the phrase ‘Fuck COVID-19’ was in breach of Section 2.5 of the AANA Code of Ethics following concerns raised about offensive language.

This is not a #sponsored post

The advertising Codes apply to sponsored posts from social media influencers. Last month the Community Panel considered cases where concerns were raised that an influencer had not identified that her posts were ads about a health product, clothing label and tanning lotion. The Panel determined the ads did not breach Section 2.7 of the AANA Code of Ethics as the content was clearly distinguishable as advertising to the relevant audiences following the influencers.

While the Code doesn’t specify the need for advertisers to include #ad or #sponsored, the Community Panel will consider a simple checklist of indicators to determine whether content is distinguishable as advertising. There are also guidelines for influencers and advertisers available on the Ad Standards website.

You can find all Community Panel determinations on the website at AdStandards.com.au/cases

Community awareness advertising and community standards

The latest Ad Standards’ blog post now online explores the increase this year in community awareness advertising, and why these ads must align with current community standards to ensure they do not breach Australia’s advertising Codes administered by Ad Standards. Read the full story at AdStandards.com.au.

Work with us

An exciting opportunity for a qualified legal professional with experience in policy and government stakeholder relations to join the Ad Standards team is now available.

The Legal and Regulatory Affairs Manager provides expert advice to the staff and Board on legal and governance matters and develops policy and issue papers to support Ad Standards strategic objectives. For more information go to the Ad Standards website.