Advertising Standards Bureau Review of Operations 2014 | Page 33
scene in the pharmaceutical advertisement where
a man hugs his male friend does not suggest that
two men showing physical intimacy towards
one another is inappropriate. In the other
advertisement a voiceover which describes an
embrace between two football players of differing
size as an awkward man hug was also not viewed
by the Board as depicting material in a way which
discriminates or vilifies a person or section of the
community on account of their sexual preference.
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.
An advertisement featuring people using their
phone to assist with their exercise (Apple 0284/14) included a soundtrack with the lyrics,
“go, you chicken fat, go”. This was found by
some in the community to be demeaning to
overweight people. The Board noted the song
was the theme tune to the youth fitness program
set by President Kennedy to encourage physical
activity among young Americans in the 1960s and
that the lyrics are intended to be light-hearted.
The Board also noted the advertisement did not
feature overweight or obese people and there was
no suggestion that overweight or obese people
should be discriminated against or vilified because
of their appearance. The Board view was that the
use of the song in conjunction with the images
of healthy people exercising did not amount to
material which discriminates against or vilifies a
person based on their weight.
The concept that scars are ugly (Queensland
Health – 0157/14) was not viewed by the Board
as discriminatory or as vilifying of a person based
on their appearance. This television advertisement
featured a young man who had scarring after
being burnt by fire. The Board considered
that a statement made by a doctor during the
advertisement was one which most people would
agree with. The Board view was that people may
find scars ugly, but that the advertisement does
not suggest that people with scars are ugly.
Review of Operations 2014
Discrimination on the ground of
lifestyle choices
Dietary preferences were considered in cases
during 2014 under Section 2.1 in relation to
discrimination on grounds of lifestyle choices.
In its annual Australia Day advertisement (Meat
and Livestock - 0013/14) made reference to
people who prefer to live a vegan lifestyle. The
advertisement is a continuation of the irreverent
theme used in past versions of the advertiser’s
promotion of lamb for Australia Day. While
the advertisement does imply that eating lamb
is preferable to being a vegan the Board view
was that the advertisement does not make any
specific claims that you can only be strong and
healthy if you eat meat and that the advertisement
encourages people to eat lamb on one specific
day of the year but does not suggest you should
eat lamb every day or that you should not eat any
other foods.
advertisement, “You’re not you when you are
hungry”, strongly endorses sexist behaviour by
men as being normal. The majority of the Board
considered that while the advertisement does play
on a stereotypical view of male builders it does so
in a light-hearted manner and does not explicitly
state how male builders behave.
A television advertisement about a female
plumbing company (Female Choice Plumbing 0002/14) was considered in relation to concerns
about its sexist and insulting depiction of male
plumbers, showing a plumber with part of his
buttocks exposed. The comparison with a better
dressed tradesperson was not viewed by the Board
as discriminatory towards male plumbers, but
rather a depiction of the type of tradesperson
a consumer would prefer to employ. The Board
viewed the overall tone and theme of the
advertisement as light-hearted and humorous.
A billboard advertisement that made a suggestion
that vegetarians were not welcome (Munich
Brauhaus - 0335/14) at a festival, also came
before the Board. In this case the Board view
was that it was created in a light-hearted manner
to play on the German language and the meat
centric platters that are synonymous with the
Bavarian culture. The Board maintained a
consistent view that while some people may
find the advertisement offensive and possibly
discriminatory, the reference to a person’s lifestyle
choice of whether to consume meat or not, does
not amount to discrimination.
Discrimination on the ground of occupation
An online advertisement (Mars Confectionary
Snickers – 0120/14) was considered by the Board
in 2014 after community concern about its
negative misrepresentation of male builders. The
Board noted comments male builders call out to
women during the advertisement are positive and
considered that the suggestion is that if the men
weren’t hungry they would be calling out negative
or sexist comments to the women. The Board
noted that there does exist in the community a
stereotypical view of male builders who make
unwelcome comments to women. A minority
of the Board considered that the tag line of the
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