Why AANA's new code won't be effective at stopping domestic violence

Don't get me wrong, some progress is good progress and there are some good things that the AANA's new code of ethics will improve for consumers in the new Code of Ethics that will become effective as from February 1st 2021. Here's the low down of my view on what is good and what is not and why we're still going to see domestic violence and what can be done about it.

The Pros:

There are improvements in tightening up the depiction of sexualisation in marketing for both genders and there is a good practice guide available to help with compliance. There are many industry brands who are repeatedly complained about by the general public and finally there will be a system to prevent those brands running this type of advertising when it is to be approved prior to airing such as on TV. The practice notes are very good at showing the subtlety of what is in and what is out here. Sexualisation of women in particular has been linked to domestic violence and mental health issues in a study by the UK and this should go part way to improving the impact of this... *but read on.

The overall objectives of the AANA have made it clear that the system is meant to be a protection system for the consumer. Good thing too, as the organisation is a representation of brands in the marketplace and the tag line for the industry body has been the "Voice for brands" for some time, and it felt like the consumer came second.

The code now states "Advertising shall not portray people 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 orientation, religion, disability, mental illness or political belief. 2.2 Advertising shall not employ sexual appeal: (a) where images of Minors, or people who appear to be Minors, are used; or (b) in a manner which is exploitative or degrading of any individual or group of people."

There is now an obligation on influencers to disclose commercial relationships in a clear, upfront manner that can be easily understood.

The Let's Wait and See:

• We're yet to see this new code in action and if the approval system is catching offenders before going to air or only waiting for a decision after someone in the public complains.
• With 36.5 days average processing time an offending brand could still run work in the media while the bodies decide if the work should be pulled off air or not. Repeat offenders can still run work in this period of time and may exploit the delay to do short but big media spend campaigns to capitalise on notoriety and continue to breach the codes.

The cons:

• The current code doesn't include all media and marketing.
• The current code does not have a pre-approval system for all types of media and marketing and harmful content can be aired before an issue is raised.
• There is no practice guide around stereotypes that are non-sexual, and the interpretation of the rules are not clear and many harmful stereotypes may not be covered at all. The AANA is saying that we can still "The Code changes only affect harmful gender stereotypes so showing women buying tampons and men shaving will still be fine." It is unlikely that stereotypes such as men being a bumbling fool, or women and men being treated differently like the recent Officeworks campaign where women were depicted severely lacking intelligence in the kitchen celebrating with cake while the men were shown segregated in the garden playing cricket with the boys, or the man shown unable to cook or to care for children like in the Westinghouse campaigns, or Mum's being overly competent being a super-Mum while Dad does nothing in the background? What about the person of Indian heritage being constantly depicted running convenience stores or Uber drivers? Or women in boardrooms playing passive roles? What about the banking ad that has the man clearly in charge of the computer and the woman draped over his shoulder looking on passively and depicted as an inferior? Or what about the SA Tourism ad that depicted an older gentleman as lonely and depressed? These types of issues are likely to slide through the system still and there are no guidelines to show the new code will even cover these issues as well as the UK does. Others here.
• Domestic violence and sexual violence are often considered the result of sexualisation and gender stereotypes in terms of sexual power, and that's true, but in my experience the expectation that it is a woman's job to be in the home and subservient to a man or has to be the super Mum is equally as dangerous and not yet properly considered in this new code. We don't yet measure the many men in society who don't even have the language to admit that their wife is abusing them with stigma and social norms having different rules for different genders. It is nothing for a woman to be seen beating a man with her handbag and claiming she would 'beat the living daylights out of him', but swap that around and the world is in uproar. We don't yet have a true picture on the real impact of domestic violence with many keeping it under wraps or not yet able to properly identify it in themselves. I know in my own situation I never took abuse I experienced through the public system and my statistic never got recorded yet my life was at risk many times and every kind of abuse was endured. Same with my female (former) friend who is clearly abusive to her husband and children and yet none of them yet acknowledge what that is yet and most of all herself. Or my male friend who's ex wife abused him emotionally and he felt he had to just deal with it silently until he finally decided to leave. We're only recording part of the data and that is also perpetuating bias.
• The current complaints system through the Ad Standards Board has an average of 36.5 days before a ruling is made and ads can continue to run during this time which many brands can take advantage of.
• The current system is managed by the same community that has a vested interest in penalties being low. The only sanction for a breach is to be asked for the ad/s to be taken down. There is no requirement to spend media money to the equivalent value on community issues to rectify damage done by offending works, no fines are in place, and no total ban or suspension for repeat offenders, and no bridge to enforce the laws.
• The current system requires someone from the general public to complain but the AANA reports that 19% of consumers don’t know how to complain about an ad and 17% don’t think any complaining will have an impact. 50% of people feel that ads don’t offend them which may be a result of desensitisation and not necessarily that no problems exist. 
• The current self-regulation system is a block to the full power of multiple and complex legal Acts including Age, Disability, Sex, Racial and Human Rights Acts.
• The AANA conducted research to see if the public was ready for changes in the code of ethics, but asking a biased person if they are ready for something will get a biased answer and is not sound. 
• A code of ethics isn't enough, and a public awareness program about stereotypes and being inclusive is also required. Even if it might not be considered harmful to show a woman doing the dishes in the kitchen without anyone else there, the continued depiction of women in this role is certainly doing harm. Or the supermarket shelf full of baby products with only images of women and babies, with men clearly excluded, may not be deemed to be individually harmful but over time and on mass this is not doing good for women or for men who want their rightful place as an equal parent. The current system does not allow for this and does not educate on nuances like this.
• The laws are disparate and difficult to bridge from the AANA's code and to move offending brands into the legal system. The UK have changed their multiple Acts into one Equality Act 2010 which solves many of the issues, and they also have a system to escalate offending brands into the legal system. So far no evidence of this equivalent bridge is in the AANA's new code. *I've asked for the AANA to comment and will update you if there are new operational processes that have not yet been announced.

So, some good progress has been made, and some things yet to be 'proof in the pudding'. I still see the ability for those who want to breach the code to benefit from the current self-regulation system and the gaps that are not yet regulated properly letting offenders slip through in creative ways. The self-regulation system has a vested interest in keeping penalties out - that's corruption in my eyes, there is not adequate public awareness of what is currently seen to be doing harm, and a clear lack of understanding of how to make a complaint is still incredibly concerning. They're still BIG problems to overcome despite some good progress effective Feb 1st 2021.

Let's trust my submission to the Governor General brings us the Royal Commission that we need in this industry. More here.

Anne Miles is founder of Suits&Sneakers, a global network of top marketing, advertising and media talent and an activist to remove negative stereotypes from the industry.