International Transgender Day of Visibility, which celebrates the contributions of the Transgender community, was observed earlier this year on 31st March. On 14 July, it’s International Non-Binary People’s Day, which celebrates people who identify as non-binary.
Many advertisers wish to ensure their advertising includes authentic representations of people and celebrate diversity throughout the year. By following the advice below, you can ensure your advertising also complies with the CAP Code.
Avoid harmful or offensive depictions
Advertisers should take particular care to avoid ads causing offence on the grounds of gender, gender reassignment, sex or sexual orientation, or include gender stereotypes that could cause harm.
An ad which suggested that trans women would look like men in drag, and that their gender could be speculated on as part of a game, used the phrase “Spot the stallions from the mares!". The ad broke the rules because it trivialised a highly complex issue, irresponsibly reinforced negative stereotypes and encouraged harmful discriminatory behaviour and treatment.
Use of humour
While ads can often be light-hearted in nature, the use of humour or innuendo will not mitigate depictions that may be considered irresponsible, harmful or offensive.
Advertisers should also take care not to mock characters, based on their sexual orientation or gender identity, or use stereotypes in a way which may demean or ridicule groups or individuals.
An ad which depicted a male actor playing the character of a footballer’s WAG, and who was dressed in women’s clothing, was judged not to be offensive towards transgender people. The portrayal was considered likely to be interpreted as a mockery of WAG culture rather than of transgender people, and the ad was not likely to cause serious or widespread offence or condone and encourage harmful and discriminatory behaviour and treatment of transgender people.
If you would like bespoke advice on your own non-broadcast advertising, please contact our Copy Advice team for fast, free and confidential advice.
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