Weekend Argus (Saturday Edition)
Advertisers up against the wall with watchdog
SA likely to follow UK’s harsh stance on thin models
THE UK Advertising Standards Authority (UKASA) earlier this month had some harsh words for the industry over the use of thin models in campaigns.
The body described the use of “unhealthily thin” models in advertising as “irresponsible”.
UKASA made the comment on banning a TV commercial for Gucci featuring a female model who was deemed to be “unhealthily thin” and “gaunt”.
A consumer had complained that two of the models featured in the commercial, one sitting on a sofa and the other standing with her back to the wall, appeared “unhealthily thin” and argued that this was irresponsible.
The UKASA considered the complaint in terms of section 1.3 of the UK CAP Code (Edition 12), which provides that “marketing communications must be prepared with a sense of responsibility to consumers and to society”.
With regard to the model seated on the sofa, it noted “that her legs, while slim, appeared to be generally in proportion with the rest of her body which was not excessively slender or underweight”.
However, with regard to the model with her back to the wall, it held that “her torso and arms were quite slender and appeared to be out of proportion with her head and lower body” and that “her pose elongated her torso and accentuated her waist so that it appeared to be very small”.
In addition, it held that “her sombre facial expression and dark make- up, particularly around her eyes, made her face look gaunt”.
For these reasons, the UKASA found the model with her back to the wall “unhealthily thin” and ordered that the commercial not appear again in its current form.
In South Africa, advertising is regulated in part by the Advertising Standards Authority of South Africa (ASASA).
Although the body is not bound by rulings made by the UKASA, it has in the past taken these rulings into account and been guided by them.
The UKASA ruling is therefore a useful indication of what approach the local body would take in a similar matter.
Clause 1.2 of Section I of ASASA’s Code of Advertising Practice (“the Code”), which is very similar to Clause 1.3 of the UK CAP Code, provides that: “All advertisements should be prepared with a sense of responsibility to the consumer.”
However, Clause 1.2 of Section I forms part of the preamble to the Code and is for introductory purpose only.
The ASA has held on a number of occasions before that complaints cannot be lodged in terms of the preamble.
Thus, while Clause 1.2 of Section I of the Code is of some value in contextualising a potential offence, the ASA cannot rule that the commercial is in contravention of this clause.
But are there other clauses in the Code that would prevent the use of “unhealthily thin” models in advertising?
Clause 1 of Section II of the Code might offer some assistance.
It prohibits offensive advertising in general and provides that “advertisements should contain nothing that is likely to cause serious or widespread or sectoral offence” and that “in considering whether an advertisement is offensive, consideration will be given, inter alia, to the context, medium, likely audience, the nature of the product or service, prevailing standards, degree of social concern, and public interest”.
Advertising featuring “unhealthily thin” models is arguably offensive to the public or sectoral values and sensitivities.
There is certainly a rising degree of social concern regard- ing models’ health, especially the weight of female models, in the fashion industry.
In California, for example, a bill has recently been proposed in terms of which models will need a doctor’s note ensuring they are healthy enough to work.
Similar laws have also been considered in Israel, France, Spain and Italy.
Many celebrities have also spoken out about the issue with comedian Amy Schumer recently lamenting the fact that a magazine had classified her, along with Melissa McCarthy, Adele and Ashley Graham as “plus size”.
How thin is too thin is probably a subjective issue and the ongoing dispute about this is unlikely to be settled anytime soon, but it has become a very controversial topic in the 21st century.
Although this ruling by the UKASA is not binding in South Africa, it indicates a move towards imposing more responsibility on advertisers to ensure they do not promote “unhealthily thin” figures as fashionable or desirable.
Advertisers involved in the fashion industry need to take note.