The Advertising Standards Authority recently banned two ads under new rules to prevent depictions of harmful gender stereotypes. What should retailers take heed of to make sure they don’t fall foul of the regulations?

In one shot, two male astronauts float in a spaceship. In another, a male para-athlete sprints to triumphantly complete a long jump.

Following two images of successful, high-achieving men in their field, you might think Volkswagen may have depicted a female barrister representing a client in court or a female scientist in a lab in its TV ad for the eGolf. Instead, the next image shows a woman sat on a bench next to a pram.

Sexist? Yes. Will we see it again? No, since the Advertising Standards Authority (ASA) recently said it fell foul of its new gender stereotyping rules, which came into force in June and stipulated that ads must not include gender stereotypes that are likely to cause harm or serious or widespread offence.

On the day same day it banned the Volkswagen ad, the ASA also banned an advert by Philadelphia that featured two dads leaving their baby on a restaurant conveyor belt when they became distracted by food.

Sexism has long been present in marketing, albeit these days largely in a more subtle form to decades ago (in the 1950s, a Kenwood ad read: “The chef does everything but cook – that’s what wives are for!”), but new rules may mean we finally wave goodbye to harmful gender stereotypes in advertising.

Step in the right direction

While there has been some criticism of the rules, many have applauded the ASA. “The new rules are certainly a step in the right direction,” says Dr Magdalena Zawisza, associate professor/reader at Anglia Ruskin University.

“Research shows consistently that exposure to gender-biased ads has a number of negative effects both on women and men. For women, these range from lower self-esteem, lower ambition, reduced interest in politics right to underperformance in maths.

”Men are not immune either. Exposure to idealised male bodies leads to lower self-esteem in men and exposure to stereotypical images of women makes men more sexist,” she adds.

Retailers have also welcomed the ASA’s more rigorous approach. Neil Chadwick, founder and director of fashion retailer Seasalt, says the ad industry should move away from old stereotypes. “We show males and females in lots of ways as a way of inspiring people, and gender is irrelevant. That said, we understand that as a brand we have a responsibility to make sure we represent all people, in a non-stereotypical way, and this is a good reminder of that responsibility.”

“Until we see greater diversity among creators in terms of gender, ethnicity and sexuality then we’ll continue to see stuff that misses the mark”

Amy Kean, Starcom Global

While Mothercare has come under fire in the past for “harmful ideas” in its marketing of kidswear, its parenting consultant Elizabeth Day described the ASA ruling as a “positive move”. She added: “Mothercare has sought advice in the past from psychologists and other experts to gain a deeper understanding of gender stereotyping, etc. We believe it is helpful and inclusive to show photographs of boys and girls together on products/toys to reinforce that they are available to all.”

She pinpoints to recent campaigns that have been inclusive. “Mothercare’s ‘First Steps’ campaign last year showed a diverse range of parents, in the first moments of meeting their baby, all experiencing similar emotions in their individual situations.”

Speak to experts in advertising and it’s clear where they think this gender stereotype stems from. “This inappropriate gender-based advertising is down to a lack of diversity in the creative industry,” believes Amy Kean, head of strategic innovation at Starcom Global.

“This is, and has always been the issue, so the rule makers have had to get involved,” she says. “Until we see greater diversity among creators in terms of gender, ethnicity and sexuality then we’ll continue to see stuff that misses the mark and hurts people’s feelings.”

This level of disparity was laid bare by a recent Kantar study that found while 76% of female marketers and 88% of male marketers believe they’re doing a good job of avoiding gender stereotypes in advertising, nearly half of consumers (45%) think women feature in ads in an inappropriate way.

Problematic scenarios

On its website, the ASA points to scenarios in ads likely to be problematic under its new ruling. These include depicting a man with his feet up and family members creating a mess around a home while a woman is solely responsible for cleaning it up.

Some of the most famous retail adverts may well have been banned under the new rules. Take the long-running Oxo campaign. While Lynda Bellingham famously starred in the Oxo gravy ads in the 1980s and 1990s, where she’d be filmed in the kitchen cooking a dish for the family, it’s unlikely that the iconic ads would be made for today’s audience.

“In practice the clichés that should be avoided are, for example, portrayals of a woman struggling to park a car or a man incapable of changing nappies just because of their gender,” says Zawisza. “Ridiculing men performing stereotypically ‘female’ tasks or suggesting that ‘it is so easy, even a man can do it’ is also a no-no. And humour will not help as the ASA acknowledges that gender-biased advertising is no less harmful when it uses humour.” 

“Test your ad with real people, not just those who work in the industry”

Victoria Cook, Mindshare

“Broadly speaking using ‘classic’ gender stereotypes should be approached with caution as doing so could breach any of the rules,” says Andrew Bravin, a solicitor at media and entertainment law firm Sheridan.

To provide further detail, the ASA’s guidance includes five subsections, which support the new rules. These include ads that include gender stereotypical roles and characteristics, ads that create pressure to conform to an idealised gender-stereotypical body shape or physical features, and ads aimed at or featuring children that may include stereotypes.

However, the new rules aren’t the law. “It’s a self-regulatory code of conduct that relies on complaints made to the ASA, which the ASA then investigate,” says Kean. “That’s why it’s taken two months for the first two brands to be outed. As such, online and mobile ads – being more fleeting than TV – are likely to be less affected. TV ads – which people see repeatedly – are often the most complained about adverts.”

Bravin says flouting the rules may mean the ad may need to be changed or taken off the air, and if the ASA’s ruling is ignored then the matter could be referred to Ofcom or Trading Standards, which can impose harsher sanctions such as fines. “Arguably the worst sanction is the public ruling and the reputational damage that it can cause to a brand,” he adds.

Retail Week’s Be Inspired campaign promotes gender balance at all levels across retail and encourages women to fulfil their career aspirations.

Be Inspired Logo

Be Inspired connects women with those who can help propel their careers, inspires them through the stories of others, opens eyes to career opportunities,
and fosters a culture of career confidence.

Our latest workshop - Propelling your career into the digital era – takes place between 8.30am and 10.30am on September 5 in London.

The checks retailers should put in place

So how should retailers play it going forward?

Victoria Cook, partner of business planning at media agency Mindshare, believes retailers should be asking three key questions: where did the idea come from? Have we tested this with real consumers? Is the ad based on stereotypes rather than real human behaviour?

She also calls for ads to be sense checked with people who didn’t come up with the idea. “Test with real people, not just those who work in the industry,” Cook urges.

Kean agrees: “It baffles me how little creative is tested, even today. Online focus groups, Google surveys and even facial recognition technology that measures people’s emotional responses to content can be used cost-effectively to check whether the target audience is offended by your ad or not.”

Retailers need to also refocus on the creative briefing. “If you have a single-minded message and clear articulation of what you want to achieve that is respectful to both genders, then respectful ads should follow,” says Kean. “If your target audience description is cheesy and potentially sexist – ie: your targeting mums who ’struggle with life’ – then your creative won’t be much better.

“There is a risk that some brands might create ads specifically to be named and shamed, as the PR you can get around such an event can be substantial”

Amy Kean, Starcom Global

From a regulatory perspective, retailers need to have adequate procedures in place to ensure advertisements comply with the code. “Contractually they can put the onus on service providers to ensure that ads are compliant with the applicable ad codes too, which may help mitigate risk, although in light of these new rulings it is clear retailers and agencies will need to take extra care where the ad is gender-related,” says Bravin.

But of course, some cheeky brands might welcome the ASA rapping their knuckles.

“There is a risk that some brands might create ads specifically to be named and shamed, as the PR you can get around such an event can be substantial,” says Kean.

The old adage might claim that all publicity is good publicity, but it takes a brave – or stupid – marketing director to court PR from perpetuating harmful gender stereotypes.

Retailers should make sure they’re sense checking their advertising with a wide, diverse audience to ensure they are the right side of the rules.