August 19, 2019

CAP’s new rule prohibiting gender stereotypes that are likely to cause harm, or serious or widespread offence, came into force on 14 June 2019.

On 14 August 2019, the ASA issued three rulings applying the new rule:

• Mondelez UK Ltd: a TV ad, seen on 14 June 2019, showed a restaurant scene with a conveyor belt serving buffet food. A woman was seen passing a baby into the arms of a man. Another man appeared carrying a baby in a car seat. The two men began chatting. A sitting baby and a car seat were then seen on the moving conveyor belt, as the men were distracted by choosing and eating their lunch. The two men picked the babies up off the conveyor belt and one of them said “Let’s not tell mum”. The ASA acknowledged the action was intended to be light-hearted and comical and there was no sense that the children were in danger. However, it considered that the ad relied on the stereotype that men were unable to care for children as well as women and implied that the fathers had failed to look after the children properly because of their gender. It also considered that the narrative and humour in the ad derived from the use of the gender stereotype. Accordingly, the ad breached BCAP Code rule 4.14 and CAP Code (Edition 12) rule 4.9;
• Nestlé UK Ltd: a TV ad for Buxton bottled water, seen on 15 June 2019, showed a female ballet dancer as a child and then as an adult practising in a studio, a male drummer playing at school as a child and then on stage as an adult, and a rower training on a bike and rowing machine and then rowing on a river. All three were drinking Buxton water. A voiceover stated: “Rock bottom. The start of the journey. There will be obstacles but it’s all about finding a way through, pushing upwards until finally reaching the top. Buxton. Here’s to the up and coming”. Five complainants said that the ad perpetuated harmful gender stereotypes by contrasting the three characters doing activities stereotypically associated with their gender. The ASA acknowledged that ballet was stereotypically seen as an activity for girls and women, while drumming and sports, such as rowing, were more stereotypically associated with boys and men. However, it considered that viewers would understand that the ad was less focused on the specific occupations of each character, and more focused on their characteristics, i.e. equal levels of drive and talent that had allowed them to excel. The ad was not in breach of BCAP Code rule 4.14 (Harm and offence); and
• Volkswagen Group UK Ltd: a TV ad for the Volkswagen eGolf, seen on 14 June 2019, opened with a shot of a woman and a man in a tent. The woman was asleep and the man switched off the light and closed the tent, which was shown to be fixed to a sheer cliff face. The following scene depicted two male astronauts floating in a space ship. The next scene showed a male para-athlete with a prosthetic leg doing the long jump. Text stated: “When we learn to adapt we can achieve anything”. The final scene showed a woman sitting on a bench next to a pram. A Volkswagen eGolf passed by quietly. The woman was shown looking up from her book. Text stated: “The Golf is electric. The 100% electric eGolf”. Three complainants said that the ad perpetuated harmful gender stereotypes by showing men engaged in adventurous activities in contrast to a woman in a care-giving role. The ASA said that the majority of the ad was focused on a theme of adapting to difficult circumstances and achievement. However, in terms of the final scene, although becoming a parent was a life-changing experience that required significant adaptation, taking care of children was a role that was stereotypically associated with women. Viewers were likely to focus on the occupations of the characters and observe a direct contrast between how the male and female characters were depicted. By juxtaposing images of men in extraordinary environments and carrying out adventurous activities with women who appeared passive or engaged in a stereotypical care-giving role, the ad directly contrasted stereotypical male and female roles and characteristics giving the impression that they were exclusively associated with one gender. The ad therefore breached BCAP Code rule 4.14 (Harm and offence).

To read the rulings in full, click here. To read Wiggin Advertising partner Sarah MacDonald’s thoughts on the decisions, please click here.