SLK: Naked facts are not always sexist
At its first meeting in 2013, the First Chamber of the Swiss Fair Trading Commission (SLK) had to rule on two complaints regarding sexist advertising. Despite the clear evidence, neither complaint was upheld.
Which depiction is more sexist: a female bottom clad only in a thong with the claim "You've got the plug ... we've got the can!", or a female model with her bum covered by a QR code or a text box with the request "Let's see what surprise is behind it for you!"? The First Chamber of the SLK did not make the answer easy. Ultimately, however, it came to the unanimous conclusion that "plug and socket" does not fall under principle no. 3.11, whereas the model does.
Erotic portal and swimwear
The principles of the Commission on Fair Trading state that gender-discriminatory advertising exists in particular if there is no natural connection between the portrayal of the person and the advertised product or if the person is portrayed in a purely decorative function as an eye-catcher. This is precisely what was the downfall of the "model advertisement". For the average viewer - the masculine form is certainly permitted here - it was not apparent that this was a swimwear advertisement; all the more so as the advertisement appeared in an environment that gave no indication of this. The female model has a purely decorative function, which appeals to voyeuristic thoughts and raises the hope of seeing the woman naked.
Despite the offensive claim, the SLK rejected the complaint against the poster for an erotic portal. For one thing, there is a clear link between the depiction and the offer. Secondly, the plug and socket do not refer to a man and a woman, but symbolically to the genitals. Even if the SLK ultimately denied gender discrimination, this is a borderline case. All the more so as the SLK does not make moral judgments.
