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The AANA is the self-regulation body in Australia that Governs ethics practices for the industry and manages the Ad Standards Board that makes rulings on the code of practice for the media, marketing and advertising industry and governs over some areas of marketing, but not all. New code has been released this week including these changes below. However, as an activist pushing for a Royal Commission into the self-regulation system I am bringing awareness to the limits of this new code. I go as far as saying that the self-regulation process is corrupt and the perpetrators of the code of conduct actually benefit from the complaints process.

Amongst the changes in the new code are:

  • Introducing into the objectives of the Code, an obligation to avoid harm to consumers and society.
  • Prohibit harmful gender stereotypes. The Code changes only affect harmful gender stereotypes but we can still show women buying tampons and men shaving for example (doesn’t impact stereotypes of race, culture, rural versus metropolitan, socio-economic bias, sexuality and also gender is likely binary too).
  • Prohibit the focus on body parts where not relevant to the product or service being advertised.
  • Prohibit use of overtly sexual images in outdoor advertising or shop front windows or where the image is not relevant to the product or service being advertised.
  • Introduce additional restrictions for advertising containing violent or menacing content so that harmful content is not displayed where children form part of the audience.
  • Impose a positive obligation on influencers to disclose commercial relationships in a clear, upfront manner that can be easily understood.

The changes follow repeated dismissals of the complaints against KFC and Ultra Tune ads, and repeated infringements by Honey Birdette.

Anne Miles, founder of Suits&Sneakers – a global network of some of the industry’s best talent in marketing, media and advertising. Anne has been campaigning to change the self-regulation system and to take stereotypes out of marketing for many years. As a survivor of domestic violence Anne is passionate on this topic due to the link with mental health problems and domestic violence.

Here is a statement from Anne Miles:

“These changes are a good step forward to begin the process of removing harmful stereotypes and improving ethics across the industry, but for me they fall very short in the way the self-regulation system operates and do not come close to mirroring precedence set in the UK. Regardless of these changes, there is actually no penalty for any business that breaches the code other than removing the work off air. With 36.5 days average timeframe to deal with a ruling in Australia this is a market advantage to those repeat offenders and no real consequence if found guilty. There is no easy link to the application of the disparate equality related laws in Australia either and I believe the self-regulation system actually prevents the law being upheld. The UK clearly proved that domestic violence and mental health issues are linked to negative stereotypes and because of that made a new law called the Equity Act 2010 with the self-regulation system directly feeding into and upholding the law. I’ve called on the Governor General to call a Royal Commission into this and consider the current system quite corrupt. I would love to see the AANA self-manage before we get to a Royal Commission, but I don’t see a self-interested organisation taking this step willingly. I’m trusting that Her Majesty The Queen values the UK precedence and will agree to taking charge of this in Australia and fix this properly, including assessing the relevant laws”.

I have called on the Governor General to start a Royal Commission into the self regulation system and you can see the full letter and submission here:

https://www.suitsandsneakers.global/wp-content/uploads/2021/01/Letter-Stereotypes-in-Marketing_Anne-Miles.pdf

https://www.suitsandsneakers.global/wp-content/uploads/2020/09/Submission-Stereotypes-in-Media_Linked.docx

I have been canvassing to the Minister for Communications for some time and yet to receive an intelligent response from his office. Here is a video I recorded to challenge him to take action:

https://www.suitsandsneakers.tv/episode/dear-minister-for-communications/

I have invited the AANA Chairman to respond to my challenge to improve the sanctions for breach of the code and to mirror the UK regulations but yet to hear a response.

I’m available for interview or comment.

Bringing awareness to this problem is important and I’d love the new code to be seen for what it is – largely ineffective.