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Case Report 1 2 3 4 5 6 Case Number Advertiser Product Type of Advertisement / media Date of Determination DETERMINATION 0178/15 Centrefold Lounge/Men's Gallery Sex Industry Billboard 10/06/2015 Dismissed ISSUES RAISED 2.1 - Discrimination or Vilification Gender 2.2 - Objectification Exploitative and degrading - women 2.4 - Sex/sexuality/nudity S/S/N - general DESCRIPTION OF THE ADVERTISEMENT This outdoor billboard on Brunton Avenue and Punt Road corner features an image of two women dressed in show-girl style costumes under the title "Men's Gallery - pure pleasure". The women are wearing feathered/jewelled headdresses and sparkly costumes and are visible from their mid-torsos upwards. THE COMPLAINT A sample of comments which the complainant/s made regarding this advertisement included the following: I have two concerns with this particular advertisement. 1. The impression from the advertisement, especially given the location of the text, is that the women in the picture are there for men's pleasure only. By extrapolation it reads women are there for men's pleasure - and by the provocative poses, as sexual objects for men's pleasure. This would seem to contravene Australia's Human Rights Agreement with the United Nations that men and women be treated equally. Were the text to state "Men and Women's Gallery" the equity issue may be alleviated though the representation of women as sexual objects for pleasure would not. 2. The advertisement is highly prominent for anyone standing on Platform 10 at Richmond Station including hundreds of children on their way to school (eg Melbourne Girls' College, St Kevin's Boys College, Xavier Boys). The high visibility in such a public space suggests that the idea of "women being available for men's pleasure" alone is acceptable in our society. Both young women and men are growing up with this subversive view of our community rather than the equal society that everyone is working so hard to create. THE ADVERTISER’S RESPONSE Comments which the advertiser made in response to the complainant/s regarding this advertisement include the following: In relation to the complaint regarding the billboard please note that: • The billboard has been advertising The Men’s Gallery for 20 years now, with only two previous complaints to our knowledge. The last complaint was 7 years ago in 2008 and was satisfactorily resolved – a record should be on your files. • The images shown on the billboard are not out of line with community standards or family offensive. In fact many billboards advertising lingerie, shoes and other products are far more revealing and sexually suggestive. • This isolated complaint mounts an irrational argument based on the statement the Billboard says “pure viewing pleasure” and argues men are the only “viewers” the only ones allowed to derive “pleasure” • Our billboard does not use the word “viewing” Rather it says “Pure Pleasure” that pleasure can be experienced by the entertainers as depicted by the powerful showgirls in the picture who are clearly happy. • The general population, including children are constantly exposed to far more revealing and suggestive images everyday on television, the internet etc. Most would not give our billboards a second glance. Like all advertising it is pitched only at our potential customers who are both male and female. • The billboard does not promote any form of sexual services. In fact the venue does not offer sexual services, just another form of upmarket nightclub entertainment for an adult male and female clientele. • As you would well be aware, a small minority of people with conservative religious beliefs attempt to force their views on the majority. However, there is plenty of evidence to suggest that a repressive censorship regime result in a great deal of social harm. I trust that this response provides your bureau with sufficient information to be able to dismiss this isolated complaint. THE DETERMINATION The Advertising Standards Board (“Board”) considered whether this advertisement breaches Section 2 of the Advertiser Code of Ethics (the “Code”). The Board noted the complainant’s concerns that the advertisement features inappropriate images of women and suggests that women are objects for the pleasure of men. The Board viewed the advertisement and noted the advertiser’s response. The Board considered whether the advertisement complied with Section 2.1 of the Code which requires that 'advertisements shall not portray or depict material in a way which discriminates against or vilifies a person or section of the community on account of race, ethnicity, nationality, gender, age, sexual preference, religion, disability, mental illness or political belief.' The Board noted this billboard advertisement features two women in elaborate cabaret costume. The costumes include fancy head dress with feathers and sparkles. The women are seen smiling and waving and the text around the image reads “The Men’s Gallery Pure Pleasure.” The Board noted that it had recently considered images on a vehicle (0230/15) that included images of women in bikinis and in that case considered that …”although the women are scantily clad, they are not portrayed in a way that discriminates or vilifies a person or section of the community on account of their gender…” Similar to the decision above, the Board noted that the women in this advertisement are dressed in a manner consistent with performance costume and elaborate outfits for dance. The Board considered the use of the term “pure pleasure” and agreed that the proximity of the words close to the image does not amount to a suggestion that the woman are there only for the pleasure of men and does not amount to a portrayal that discriminates or vilifies a person or section of the community on account of their gender. The Board determined that the advertisement did not breach Section 2.1 of the Code. The Board considered whether the advertisement was in breach of Section 2.2 of the Code. Section 2.2 of the Code states: “Advertising or marketing communications should not employ sexual appeal in a manner which is exploitative and degrading of any individual or group of people.” The Board noted that in order to be in breach this section of the Code the image would need to use sexual appeal in a manner that is both exploitative and degrading. The Board noted that the women are portrayed as dancers or entertainers and that they are clearly covered by their clothing and fancy headdress. The Board noted the image is consistent with adult entertainment advertising and that it is not unreasonable for advertisers to use attractive models in promotions of their venue. The Board considered that although the models are surrounded by text with details of the Gentlemen’s Club, the use of women in advertising for such a venue does not necessarily amount to a depiction that is exploitative or degrading and in this case considered that the overall tone is one of entertainment and fun and does not amount to a depiction that is exploitative and degrading and does not breach Section 2.2 of the Code. The Board determined that the advertisement did not breach Section 2.2 of the Code. The Board then considered whether the advertisement was in breach of Section 2.4 of the Code. Section 2.4 of the Code states: “Advertising or Marketing Communications shall treat sex, sexuality and nudity with sensitivity to the relevant audience”. The Board noted the location of the billboard above a building in a non-residential area was not inappropriate. The Board noted the complainants concerns that the billboard could be viewed by commuters, including children using the nearby train station. The Board considered that the placement of the billboard near a public train station was not inappropriate and noted that as the women are fully dressed, and not posed in a sexual way. The Board considered that the advertisement did treat the issue of sex, sexuality and nudity with sensitivity to the relevant audience and did not breach Section 2.4 of the Code. Finding that the advertisement did not breach the Code on other grounds, the Board dismissed the complaint.