Fairness Commission revises principle on sexist advertising
The Commission on Fair Trading has revised Principle No. 3.11 on gender-discriminatory advertising, which dates back to 1993. Among other things, it has created the new offense of "inappropriate depiction of sexuality".
The Commission on Fair Trading has revised Principle No. 3.11 on gender-discriminatory advertising, which dates back to 1993. Among other things, it has created the new offense of "inappropriate depiction of sexuality". According to a press release, social changes and increased awareness of certain issues require an adjustment - not least in view of the increasing importance of the Fairness Commission's case law.
A working group, which also included a representative of the Zurich Office for Gender Equality, restructured and reworded the article and made additions. Three points are at the heart of the realignment:
Firstly, in order to be able to assess discrimination where advertising does not explicitly disparage one gender over the other, but disparages in general, the word "disparages" has been replaced by the term "violates" in paragraph 1. Secondly, a separate offence has been created for the issue of gender typing so that the equality of the sexes cannot be called into question. Thirdly, the catch-all offense "inappropriate portrayal of sexuality" has been created, as the wording "sexist impairment is given if there is no connection between the person embodying the sex and the advertised product" has repeatedly caused discussion. The offense is to be applied if there is a connection in principle, but the depiction as such is unworthy.
The principle concerning the quantity of advertising, which had been demanded by certain political circles, has not been supplemented in any way. The Commission's principles can only relate to the content of individual advertising measures.
A working group, which also included a representative of the Zurich Office for Gender Equality, restructured and reworded the article and made additions. Three points are at the heart of the realignment:
Firstly, in order to be able to assess discrimination where advertising does not explicitly disparage one gender over the other, but disparages in general, the word "disparages" has been replaced by the term "violates" in paragraph 1. Secondly, a separate offence has been created for the issue of gender typing so that the equality of the sexes cannot be called into question. Thirdly, the catch-all offense "inappropriate portrayal of sexuality" has been created, as the wording "sexist impairment is given if there is no connection between the person embodying the sex and the advertised product" has repeatedly caused discussion. The offense is to be applied if there is a connection in principle, but the depiction as such is unworthy.
The principle concerning the quantity of advertising, which had been demanded by certain political circles, has not been supplemented in any way. The Commission's principles can only relate to the content of individual advertising measures.
