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Gender stereotyping in UK advertising – staying on the right side of the line

By Josefine Crona & Jane Summerfield on October 9, 2017
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Unlike some other European countries, the UK does not currently have specific rules prohibiting or restricting gender stereotyping in advertising. To date, complaints about ads featuring stereotypical gender roles or characteristics have been brought based on the requirement in the UK non-broadcast and broadcast advertising codes (the CAP Code and BCAP Code) that advertising must be socially responsible and not cause serious or widespread offence, and the UK Advertising Standards Authority (ASA) has generally not upheld such complaints.

Based on the conclusions of the ASA’s recent report “Depictions, Perceptions and Harm: a report on gender stereotypes in advertising“, new stronger rules on ads featuring stereotypical gender roles or characteristics are going to be introduced in the UK.

The Report

The ASA report was triggered in part by the “Beach Body Ready” ads, which received 380 complaints. The report concluded that, although most ads are getting it right, there is strong evidence that the way some ads portray gender roles and characteristics can affect the choices, aspirations and opportunities of children, young people and adults.

Upcoming changes

In response to the report, the Committee of Advertising Practice (CAP) is developing new rules and guidance on ads that feature stereotypical gender roles or characteristics, which are expected to be published by the end of this year. The new rules are not anticipated to lead to a dramatic change in the current position, but are intended to “smooth the rougher edges” of the current rules.

Under the new rules, ads will not be automatically in breach of the rules because they contain gender stereotypes that are offensive to some people (for example, showing a woman doing household chores or a man doing DIY). Instead, the rules will aim to target ads that go significantly beyond this, for example by:

  • suggesting that it is a woman’s sole responsibility to tidy up after her family;
  • implying that an activity or career is inappropriate for a girl because it is usually for men and vice versa;
  • suggesting that men cannot do simple parental or household tasks because they are men; or
  • mocking people for not conforming to gender stereotypes.

The ASA has stressed that this is just a first step and further announcements on this topic are expected. Meanwhile, advertisers must comply with the current rules to ensure that advertising is socially responsible and will not cause harm or serious or widespread offence. Also, under the Equalities Act 2010 particular care must also be taken to avoid discriminating by reference to gender.

A number of the world’s biggest companies, including Mars, Facebook, Google, J&J, IPG and WPP, have already signalled their intention to move away from outdated stereotypes in advertising by signing up to the UN Women initiative, the “Unstereotype Alliance”.

You can read the ASA’s report in full here.

Photo of Josefine Crona Josefine Crona

Associate, London

Josefine Crona is a member of the Hogan Lovells Commercial team and advises on a wide variety of commercial and regulatory matters, ranging from multi-jurisdictional product launches to day to day contracting arrangements to strategic retail development projects.

Josefine works with…

Associate, London

Josefine Crona is a member of the Hogan Lovells Commercial team and advises on a wide variety of commercial and regulatory matters, ranging from multi-jurisdictional product launches to day to day contracting arrangements to strategic retail development projects.

Josefine works with clients to help them navigate the legal and regulatory requirements that apply at all stages of the product life cycle, including rules relating to product composition and labelling, health claims, and advertising and marketing activities. Josefine also has experience in helping companies resolve enforcement issues and work with UK authorities such as Trading Standards.

Josefine regularly advises on a range of commercial contracting arrangements, including sponsorship, consultancy, manufacturing, supply, warehousing and services agreements.

Josefine has a particular focus on the consumer, retail and food sectors and has completed virtual secondments with two global food and beverage manufacturers.

Read more about Josefine CronaEmail
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Photo of Jane Summerfield Jane Summerfield

Partner, London

Jane focuses on regulatory compliance and commercial agreements in the life sciences and food sectors. Jane advises on legal and regulatory requirements that apply during the product lifecycle, including clinical trial requirements, early access schemes, marketing authorisations, manufacturing and distribution licences…

Partner, London

Jane focuses on regulatory compliance and commercial agreements in the life sciences and food sectors. Jane advises on legal and regulatory requirements that apply during the product lifecycle, including clinical trial requirements, early access schemes, marketing authorisations, manufacturing and distribution licences, CE marking, product labelling, product composition, advertising and marketing activities, and pricing and reimbursement. Jane also advises on a wide range of commercial contractual arrangements, including consultancy, sponsorship, co-promotion, collaboration, manufacturing, distribution, services, quality and pharmacovigilance agreements, as well as helping clients to resolve issues with UK enforcement authorities and regulatory bodies, such as the Medicines and Healthcare products Regulatory Agency (MHRA), Prescription Medicines Code of Practice Authority (PMCPA), Advertising Standards Authority (ASA), Food Standards Agency (FSA) and Trading Standards.
Jane combines commercial acumen with deep regulatory knowledge. She understands the business pressures faced by clients, having provided in-house regulatory compliance and commercial support to a major pharmaceutical client and a multinational food company. Jane provides “clear responses with business impact” Chambers UK.

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  • Posted in:
    Communications, Media & Entertainment, Other
  • Blog:
    Focus on Regulation
  • Organization:
    Hogan Lovells
  • Article: View Original Source

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