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7. Offensive<br />

Advertising<br />

Topic: Section ll, Clause 3.5 <strong>of</strong> the Advertising Standards Authority Code <strong>of</strong><br />

Advertising Practice (“ASA Code”) (“gender”)<br />

Who: ASA Directorate<br />

When: March 2005<br />

Where: South Africa<br />

What Happened: A consumer complaint was lodged against an Elizabeth Arden television<br />

commercial for its Provocative perfume product. The commercial featured<br />

men melting into a puddle <strong>of</strong> water at the sight <strong>of</strong> a woman, presumably<br />

wearing the advertised product.<br />

The complainant submitted that the commercial was <strong>of</strong>fensive, sexist and<br />

demeaning since it implied that men are powerless to sexual provocation.<br />

Furthermore, it was submitted that the advertisement promoted the idea that<br />

it is okay for women to use sexual innuendo to gain favour, control or<br />

acceptance, which is demeaning to women and insulting to men.<br />

The respondent replied that the commercial had been flighted internationally<br />

and that this was the first and only complaint against it, and that a<br />

reasonable consumer was likely to perceive the commercial as over the top<br />

and unrea<strong>list</strong>ic as it is impossible for men to melt and become water as<br />

suggested by the commercial.<br />

The Directorate requested an opinion from the Commission on Gender<br />

Equality (CGE), which submitted that the advertiser exploited the phrase<br />

“men will melt” to promote sales <strong>of</strong> its product, the effect <strong>of</strong> which is to make<br />

an excessively generalised statement that all men would react the same way<br />

to a beautiful woman. The CGE concluded that the commercial gender<br />

stereotyped men and women by perpetuating the notion <strong>of</strong> women as sex<br />

objects and <strong>of</strong> men as slaves <strong>of</strong> sexual provocation.<br />

The Directorate took into consideration the submissions made by both<br />

parties, as well as the CGE’s opinion. Section 3.5 <strong>of</strong> Section II states that<br />

gender stereotyping or negative gender portrayal should not be permitted in<br />

advertising, unless in the opinion <strong>of</strong> the ASA, such stereotyping is justifiable<br />

in an open and democratic society based on human dignity, equality and<br />

freedom.<br />

The Directorate was <strong>of</strong> the opinion that the commercial must be seen in the<br />

context as a whole, and in the context and nature <strong>of</strong> the product. The product<br />

was a perfume, worn by people to make them more appealing to others. The<br />

concept <strong>of</strong> “men will melt” is well-known and was used in an acceptable<br />

manner to tie up with the concept <strong>of</strong> the commercial and the name <strong>of</strong> the<br />

product. There is nothing degrading about melting, it is merely a social<br />

reality that people experience attraction towards each other.<br />

The hypothetical reasonable consumer is likely to perceive the commercial as<br />

unrea<strong>list</strong>ic.<br />

Therefore, the Directorate concluded that the commercial was not demeaning<br />

and sexist to men and women and not in contravention <strong>of</strong> the Code. The<br />

complaint was dismissed.

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