Advertising Standards Bureau - Review of Operations 2013 | Page 33

Money – 0412/13) and a woman who missed
her date and became an unmarried woman with
several cats (RACQ - 0309/13). In these cases
the Board’s view was that the advertisements were
presented with a humourous and light hearted
tone and found they did not discriminate or vilify
against any person or section of society.

Discrimination on the ground of ethnicity,
race or nationality
Discrimination against certain ethnic or racial
groups or nationalities is considered under Section
2.1 of the Code. Concerns generally surround the
use of stereotypical portrayals.
In 2013 the Board considered two advertisements
for General Mills Australia (0311/13 & 0323/13)
which raised concerns of discrimination against
Mexican people. Complaints raised issues of
stereotyping the accent and dress of Mexicans,
and implying Mexican people did not know how
to use forks. The Board considered this was a light
hearted suggestion with no negative overtones
and dismissed complaints.
Stereotypical speech, clothing and behaviour was
also considered by the Board with cases for Radio
Rentals Group (0003/13) with a Japanese karate
chop, Sunshine Coast Daily Newspaper (0198/13)
with a reference to Russian expatriates and
Oporto Franchising (0214/13) with the depiction
of a North Korean officer. In these cases, the
Board dismissed complaints due to advertisements
being presented in an exaggerated and unrealistic
manner and not demeaning or discriminating
against any group.
The inference that workers or products from
Australia are superior to other countries raised
community concern in 2013. These advertisements
suggested Australian call centre staff (Choosi –
0035/13 & Centrecom – 0143/13) and products
(Dick Smith Foods – 0067/13) were preferable.
The Board’s interpretation of these advertisements
was that the call centres based in Australia
would be better able to answer local concerns.
In these cases, no specific race or nationality
was mentioned in comparison, and the Board
dismissed complaints.

Review of Operations 2013

Discrimination against religion
A radio advertisement for Heaven’s Hell
Industries (0359/13) was found in breach of
Section 2.1 for depicting material discriminatory
towards religion. The advertisement describes
a vodka product while a chant plays in the
background. The background chant was found to
have a strong likeness to the Islamic call to prayer,
the adhan. The backing music together with the
promotion of an alcoholic beverage was found
to be inappropriate as Muslims are enjoined by
their religion to abstain from eating certain foods
including intoxicating beverages. The Board found
this advertisement to be in breach of Section 2.1
of the Code as they believed it was disrespectful
and offensive to the Muslim community.

Discrimination against sexual preference
Four cases of note were considered in 2013
under Section 2.1 for discrimination against
sexual preference. The first, a Cam River Signs
(0196/13) billboard depicted female and male
gender symbols with wedding bands. Complaints
concerning discrimination against same-sex
couples were dismissed as the Board found this
to be an expression of an opinion and open to
interpretation. The second case in 2013 depicted
a vehicle with the text I’m straight, don’t rear
end me (Wicked Campers – 0079/13). The
Board determined that this phrase presented
homosexuality in a negative light and found the
advertisement in breach of Section 2.1 in regard
to sexual preference.
A campaign by Norco (0408/13 & 0409/13)
featured an ice coffee product with the text and
voiceover stating not for men named Nancy. The
complaints concerned discrimination against
sexual preference as the reference to Nancy can
be derogatory slang for gay men. The Board
noted that nancy boy is an old-fashioned slang
term which refers to gay men or men or boys
who are not as manly as their peers. A minority
of the Board considered that this reference to
homosexuality, for an older group of Australians
has a very negative and derogatory inference to
both weak men and to homosexuals. However,
the majority of the Board considered that this
type of reference is a common part of Australian
culture and in this instance the advertisement is

light-hearted and teasing in its tone rather than
aggressive or negative. The Board noted that
bullying is a very serious issue but considered
that the advertisement uses a light-hearted play
on an old-fashioned term to suggest that the
product contains a level of caffeine that is not
for the faint-hearted. The Board considered that
the overall tone and theme of the advertisement
is intended to be humorous and does not depict
material that discriminated against or vilified any
person or section of the community.

Discrimination on the ground of
physical characteristics
Discrimination on the ground of physical
characteristics can include aspects such as height,
weight, hair colour and perceived attractiveness.
Advertisements depicting overweight people
(Haggle Co - 0097/13, Kellogg – 0131/13 &
Kia Automotive – 0313/13 & 0322/13) were
considered and dismissed by the Board due
to their intended humour, actor’s reaction to
comments and not portraying weight in a
negative manner.
Red hair colour was also the subject of complaints
in 2013 with cases for Guys Grooming (0089/13)
and Nissan Motor Co (0372/13 & 0379/13)
being dismissed for not discriminating or
vilifying against any group. A case for Man with
a Van (0038/13) was also considered under this
provision in 2013. Complaints concerned the
physical appear [