The first thing you need to know is that there have recently been some changes to the UK rules on gender stereotypes in advertising. The Advertising Standards Authority (ASA), the body which oversees the regulation of advertising in the UK, has introduced new rules for broadcast and non-broadcast advertising and these came into force on 14 June 2019, although the industry has had six months to prepare for them.
The new rules are rule 4.14 in the BCAP Code for broadcast ads and rule 4.9 in the CAP Code for non-broadcast ads, which also covers online advertising and most forms of marketing, including social media and prize promotions. Section 4 of both codes covers avoiding harm and offence and in both codes the wording of the rules is exactly the same. It states: “[Advertisements] must not include gender stereotypes that are likely to cause harm, or serious or widespread offence.”
What are gender stereotypes?
Gender stereotypes are defined by the European Institute for Gender Equality as, “Preconceived ideas whereby females and males are arbitrarily assigned characteristics and roles determined and limited by their gender.” According to the Institute, the issue with gender stereotyping is that it “can limit the development of the natural talents and abilities of girls and boys, women and men, as well as their educational and professional experiences, and life opportunities in general.”
The rule changes are the result of an extensive public consultation and, explaining their introduction, Guy Parker, Chief Executive of the ASA, made a similar point, saying, “Our evidence shows how harmful gender stereotypes in ads can contribute to inequality in society, with costs for all of us. Put simply, we found that some portrayals in ads can, over time, play a part in limiting people’s potential. It’s in the interests of women and men, our economy and society that advertisers steer clear of these outdated portrayals.”
It’s probably also worth bearing in mind that, during the research and consultation phase, the ASA identified that a number of advertisers have begun to identify the commercial advantages of rejecting gender stereotypes in favour of depictions that more accurately reflect their customer base and target market.
What does this mean in practice?
It’s important to understand that the evidence from the ASA’s consultation on this issue didn’t show that the use of gender stereotypes is problematic in every single case and the new rules seek to identify ‘specific harms’ that should be prevented, rather than to introduce a blanket ban on gender stereotypes.
So, for example, according to the ASA, ads and other promotional content can still depict a woman doing the shopping or a man doing DIY. Ads featuring a single gender, for instance ads for products that are only aimed at men or at women, are permissible, and it remains acceptable to use gender stereotypes as a means to challenge the negative effects of gender stereotypes.
Stereotypes to avoid
However, the ASA has given a number of examples of scenarios which, if featured in ads, would be likely to prove problematic under the new rules. These include an ad that depicts a man with his feet up and family members creating mess around a home, while a woman is solely responsible for cleaning up the mess; or an ad that depicts a man or a woman failing to achieve a task specifically because of their gender – the obvious ones are a man who is unable to change a nappy or a woman who is unable to park a car.
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The ASA also highlights that an ad featuring a person with a physique that does not match an ideal stereotypically associated with their gender should not imply that their physique is a significant reason for their lack of success in, for example, their romantic or social lives. It also warns that ads seeking to emphasise the contrast between a boy’s stereotypical personality trait, such as ‘daring’, with a girl’s stereotypical personality trait, such as ‘caring’, needs to be handled with care. Needless to say, there is a lot of emphasis on avoiding harm to children.
Other examples given by the ASA of scenarios which would be unacceptable under the new rules are an ad aimed at new mothers which suggests that looking attractive or keeping their home pristine should take priority over other factors, such as their emotional wellbeing or an ad that belittles a man for carrying out stereotypically ‘female’ roles or tasks.
What happens if you break the rules?
The ASA will now deal with any complaints it receives on a case-by-case basis and will assess each ad by looking at the content and context to determine if the new rule has been broken. It says it will give particular consideration to the views of the group of people that have been stereotyped.
If a complaint is made against you on the grounds that you’ve broken the gender stereotyping rule, the ASA will investigate and publish a ruling, which, if the complaint is upheld, usually states that the ad in question should be withdrawn and not used again. The ASA doesn’t impose financial penalties, but the resulting negative publicity can be extremely damaging to the reputation of your business.
In very serious cases, particularly if the company concerned doesn’t co-operate with the ASA or is a repeat offender, a referral can be made to another body, such as Trading Standards or Ofcom, which have wide-ranging powers and may decide to take enforcement action.
However, the ASA has produced some helpful guidance on implementing the new BCAP and CAP Code gender stereotyping rules. This points out that combining gender stereotypes with other kinds of stereotypes, such as age or race, can compound the potential for harm or offence. It also clarifies that even if your original intention was to be humorous, that will not be considered a legitimate defence if your gender stereotyping has upset someone.
Few are likely to disagree with the principle that advertising should avoid perpetuating outdated gender stereotypes, but the ASA is committed to reviewing the new rules in a year’s time in order to make sure that they are, in fact, successfully countering those harmful gender stereotypes.
By Sarah Burns, MD, Prizeology
