Senator ELLISON (Minister for Justice and Customs) (3:33 PM) —During question time on 31 March 2004, Senator Harradine asked me a question, in my capacity as the Minister representing the Attorney-General, concerning sexual harassment in the workplace and advertising. I undertook to provide further information in relation to certain advertisements and seek leave to incorporate in Hansard the answer which has been provided to me.

Leave granted.

The answer read as follows—

Overview of Advertising Standards Bureau (ASB)

The self-regulatory system, now managed by the Advertising Standards Bureau (ASB) and funded voluntarily by the industry through the Australian Advertising Standards Council, recognises that advertisers share a common interest in promoting consumer confidence in and respect for general standards of advertising.

The Advertising Standards Bureau administers this national voluntary system of advertising self regulation through the Advertising Standards Board and Advertising Claims Board.

The Advertising Standards Board provides a free public service in complaint resolution. It provides determinations on complaints about most forms of advertising in relation to issues including the use of language, the discriminatory portrayal of people, concern for children, portrayals of violence, sex, sexuality and nudity, and health and safety.

The Advertising Claims Board provides a competitive complaint resolution service. It is designed to determine complaints involving issues of truth, accuracy and legality of advertising on a user pays cost recovery basis. For more information about the Claims Board, see Industry Guide.

Both boards make their determinations under appropriate sections of the Advertiser Code of Ethics, as prescribed by the Australian Association of National Advertisers (AANA) following principles laid down by the Australian Parliament as reflective of community values.

This system of advertising self regulation came into operation following the 1996 decision of the Media Council of Australia to disband its system of advertising codes and regulation, including the Advertising Standards Council. Resulting from extensive consultation with industry, government and consumer representatives, it fulfils a longstanding AANA commitment to develop a more effective system of self regulation for the advertising industry.

Specific Advertisements Raised by Senator Harradine (Double A copy paper and Cougar series)

Double A copy paper advertisement will be considered by the ASB board in the coming weeks. There have been several consumer complaints lodged in response to this advertisement.

Complaints against the Cougar series advertisements have been dismissed. Please see the determinations for both Cougar ads as follows:

Cougar ad 1:

DESCRIPTION OF THE ADVERTISEMENT

The television advertisement opens on a dance party scene, where a young male queuing for service at the bar is repeating his intended order, saying: “Two gin and tonics, two vodkas, and a scotch.” when he eventually reaches the front of the queue, he is seen to stare at the barmaid and say: “Five Cougars thanks.” When the shot changes to show his point of view, the large-breasted barmaid is seen to be wearing a top with `Cougar Bourbon' emblazoned across her chest. The male is shown to blink as he looks down to some change on the bar, alongside a coaster promoting the Cougar Bourbon and a jar of coins labelled “Tips.”

THE COMPLAINT

Comments which the complainants made regarding this advertisement included the following:

`I feel this ad is sexist, offensive, demeaning, and sends a negative body image to young women. Cougars cross-media campaign centres around scantily clad, busty females...'

`The ad was offensive as it blatantly used a woman's breasts to advertise...'

THE DETERMINATION

The Advertising Standards Board (`the Board') considered whether this advertisement breaches Section 2 of the Advertiser Code of Ethics (`the Code').

The Board believed most television viewers would see humour in the commercial, and determined that it did not contravene the Code in relation to the portrayal of sex/sexuality/nudity.

It further found that the content of the advertisement did not constitute discrimination and/or vilification, and that it did not breach the health and safety provisions of the Code. Accordingly, the complaint was dismissed.

Cougar ad 2:

DESCRIPTION OF THE ADVERTISEMENT

`This advertisement depicts a group of men in a bar. One of the men goes to the bar and asks for a `cougar', as the female bar attendant reaches for the bottle her skirt raises slightly revealing the top of her legs and the man is looking. As she bends to get a slice of lemon, the man appears to be looking at her cleavage. He glances towards his friends who cheer and rise from their seats ahead of a final caption reading: “Cougar-real smooth Bourbon.” The advertisement ends with a smiling bar attendant handing the man his requested drink.

THE COMPLAINT

Comments which the complainant/s made regarding this advertisement :following included the following:

“.... (the advertisement) is unacceptable due to its content which I find to be demeaning and offensive towards women. This insulting advertising campaign borders on soft porn..(it) is sexist and gender based ...I feel that they have underestimated the audience and isolated any potential consumers that do not fit into this mould...”

THE DETERMINATION

The Advertising Standards Board (`the Board') considered whether this advertisement breaches Section 2 of the Advertiser Code of Ethics (`the Code').

The Board found that the advertisement did not breach the Code on any grounds, and, accordingly dismissed the complaint.

In reaching its decision, the Board noted the advertiser's explanation that the advertisement was intentionally light-hearted, was only aired in `adult-time,' and was approved by FACTS and the alcohol pre-vetting system.