Continuing Progress in the Sphere of Inclusive and Non-Discriminatory Advertising
ASA Call for Evidence
The Advertising Standards Authority (ASA) has put out a call for evidence to ascertain whether, and if so the extent to which, racial and ethnic stereotypes featuring in advertisements contribute to real world harms such as racial and ethnic inequality.
The ASA are looking to receive submissions particularly relating to: how race and ethnicity are depicted in advertising, examples of stereotypes and the use of humour relating to race and ethnicity, as well as how racial and ethnic groups with religious affiliations are portrayed in advertising. The evidence can take various forms (both quantitative as well as qualitative) including bespoke research, existing evidence, as well as submissions from the public as to how they have personally been affected by such advertisements, and/or their opinions on such advertisements.
The evidence will help inform the regulator’s approach going forward and follows on from their already robust record in banning advertisements which are likely to cause serious or widespread offence and which pertain to race or ethnicity. An example of this is the swift response provided by the ASA in relation to a 2017 Paddy Power advertisement featuring the boxer Floyd Mayweather. The advertisement which was printed in two newspapers featured a headline stating “Always Bet on Black”, in advance of the Mayweather fight against Conor McGregor in August 2017. The ASA received nine complaints, and ruled that the advert would be “likely to cause serious offence on the grounds of race”, instructing Paddy Power to ensure that they avoid causing serious offence on the grounds of race going forward.
The deadline for making a submission to the ASA is 30 June 2021 and any submissions should be addressed to firstname.lastname@example.org.
CAP and BCAP Consultation Launch
The ASA’s announcement also follows on from the launch of a consultation related to the proposed new rules on harm and protected characteristics by The Committee of Advertising Practice (CAP) and The Broadcast Committee of Advertising Practice (BCAP).
The rules mandate that marketing communications and advertisements must not contain any elements likely to cause harm. Therefore, broadcasters and those in marketing must consider the potential for advertisements to cause harm to vulnerable people and to the protected characteristics as defined in the Equality Act 2010. The protected characteristics include age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex, and sexual orientation.
The proposed new rules also follow on from Rules 4.1 and 4.2 of the CAP and BCAP Codes respectively, which already mandate that marketers should take care to avoid causing any offence on the grounds of the protected characteristics as listed above. Therefore, significant objections to the new rules are not anticipated.
The consultation will close at 5pm on 24 August 2021 and respondents are encouraged to indicate whether they agree or disagree with the proposals, setting out their reasoning, by writing to email@example.com.
The above-mentioned developments point towards an increasing focus on eradicating discrimination in advertising as well as a renewed push to ensure equality. CAP and BCAP have already indicated that they consider themselves to be subject to the public sector equality duty. One of the overarching objectives of this duty is to shift the onus to organisations to prevent discrimination in the first place, rather than only seeking to address this post-factum, as well as to promote equality of opportunity between those who share a protected characteristic and those who do not. Such consultations and the proposed new rules therefore appear to be a positive step in the right direction.
Charles Russell Speechlys advises shareholders of eCommonSense on sale to ECI Software Solutions
eCommonSense is a technology solutions provider focused on the construction and building materials supply sectors.
Resilience vs. Recovery - How the Facebook outage highlights important lessons
The recent Facebook outage disrupted all of its key global platforms, including Instagram and WhatsApp.
The United Arab Emirates Joins the Madrid System
Charles Russell Speechlys advises the founders of Compandben on the sale of the business to TopSource Worldwide
Compandben is one of the longest established international providers of employment solutions.
Supply chain going flat
2020: Influencer, 2021: Creative Director – what could go wrong?
Coded messages for landlords and tenants
“What does the code of practice mean for landlords and tenants? Read more here”
Jason Saiban writes for Food Manufacture on the food industry's climate change challenge
The key challenge will be how the environmental targets are actually met.
Grab the tail by the horns - Why is tail spend so critical in today’s outsourced portfolio?
It’s usually invisible, but in all likelihood, you’ve got tail spend.
Mark Hill writes for In-House Community Magazine on solutions templating, a new priority for in-house legal teams
Removing the burden from legal teams, contract managers and administrators.
Olivia Crane quoted by SoGlos on the increasing issue of cyber fraud being faced by businesses in Gloucestershire
Cyber fraud has cost Gloucestershire businesses around £369,800 in the last 13 months.
Tattoos, athletes and image rights
Campaigns featuring athletes often include visible tattoos and a number of recent legal cases demonstrate the issues that may arise.
Food Sector steps up on climate goals
Blue Sky Linking
Daniel looks at Sky's recent success in obtaining interim protection from infringement of their broadcast rights
Don’t Gamble on Bingo Ads, Warns ASA
The ASA has issued a reminder to advertisers that bingo adverts will be treated as gambling ads for the purpose of standards regulation.
Recording Phone Calls: Don’t take Consent for Granted
What if an interviewee who is being called and interviewed “live” does not actually know he/she is on live television?
eCommerce and the Post-Brexit State of Play
Key UK and EU legislation governing how online platforms deal with consumers and their business users.
UK and EU launch two-pronged attack into whether Facebook is abusing a dominant market position
The CMA and the European Commission have said that they intend to work together closely as their respective investigations develop.
Jason Saiban and Caroline Swain among contributors to the ICLG Guide on Digital Business Laws and Regulations in the UK
An overview of the laws and regulations for digital businesses operating in the UK.
Draft Online Safety Bill: Regulating the online world
On 12 May 2021, the UK government published the draft Online Safety Bill...