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.
Online safety – 2022 begins with regulatory developments in both the UK and the EU
Last week saw developments within the UK and EU in their attempts to ensure online businesses do more to address illegal online content.
To flex or not to flex: comparing traditional offices with flexible office space
Is Buy Now, Pay Later creating a new debt crisis?
BNPL providers are quick to claim that their services are offered with “no interest and no fees”, but is this really the case?
Social Tokens: What are the regulatory challenges in the UK?
Social tokens are one of the latest innovations in the crypto space and have grown significantly in recent years.
PRA to further scrutinise cloud computing in 2022
National Security and Investment Act comes into force
The Act has established a new regime for the review of mergers, acquisitions and transactions that could threaten national security.
Richard Davies and Rahim Hirji write for the American Bar Association on tattoos, athletes and image rights
LeBron James. Zlatan Ibrahimović. Mike Tyson. What is the common factor?
Sarah Rowley appears in the Apollo and Charles Russell Speechlys’ art law series on the future of museum governance
Are the responsibilities and duties of museum boards in the UK the same as they were, say, 20 years ago?
Sports Business: Five Current Themes
Nick White goes early with his thoughts on this year's Sports Business themes.
Charles Russell Speechlys advises Puma Private Equity on their investment into Everpress
Puma Private Equity offers a wide range of award-winning investments that help to support investors.
Lloyd v Google – Supreme Court to deliver judgment tomorrow (on 10 November 2021) – a reminder of the issues at stake
Fairhurst v Woodard: Property audio and video surveillance system breached GDPR
A recent judgment from Oxford County Court raises significant questions about the increasing use of smart doorbells and cameras.
Top 5 Data Protection Tips
Jonathan and Marc-Us explore the top 5 data protection tips
Can machines be inventors?
Will JP Morgan’s digital only Chase launch shake up the UK retail banking sector?
Chase is JP Morgan’s consumer brand and is one of the largest retail banks in the United States with over 4,700 branches.
Who? Where? What on earth is an “NFT”!?
An NFT is a “Non-Replaceable Token” meaning only one of its type can ever be created and recorded on the blockchain it is connected to.
How does the FCA Cryptoasset AML/CTF Regime affect UK cryptoasset businesses?
With the notable exception of security tokens, the majority of cryptoassets remain unregulated in the United Kingdom.
Closing the Cookie Jar
Opportunistic claims for misuse of online tracking cookies are on the rise. Proactively ensuring compliance is key to avoiding claims.
Regulating AI – the impact of two key recent proposals: the UK’s National AI Strategy and the EU’s proposed Artificial Intelligence Regulation
With the hype surrounding artificial intelligence continuing to gather pace, we pause and consider some of the proposed regulatory changes.
Review of the Department for Digital, Culture, Media & Sport consultation
On 10 September 2021 the Department of Digital, Cultural, Media and Sport (DCMS) published a consultation titled ‘Data: a new direction’.