Complaints received by the Advertising Regulatory Board (ARB) relating to two sexually explicit adverts have received different outcomes, with a nude billboard getting the thumbs up and a picture of a woman pouring wine into her mouth deemed offensive.
The ARB this month received two consumer complaints, from Nicci Martin and Karen Carr, objecting to Wine Time Online’s vehicle branding.
The advertisement is featured on the side of a white delivery van. It depicts an attractive woman with her eyes closed and head tilted back, with a stream of red wine pouring from a bottle into her open mouth. The van states “Wine Time” and provides the company’s URL.
The complaints were that the advertising was offensive, violated advertising standards, was unacceptable in terms of the portrayal of gender and did not show responsible consumption relating to alcohol content and performance.
The ARB found because Wine Time Online is not a member of the board’s directorate, it has no jurisdiction over the company and could not compel Wine Time Online to participate in the complaint process. In the absence of Wine Time Online, the ARB went ahead with the matter to give a ruling that could serve as guidance to its members.
Viewing the advert, the ARB found: “The appearance of the woman depicted in the branding and observed with her eyes closed and mouth wide open in a submissive position is not simply a picture of a woman enjoying a drink. The depiction has a suggestion of sensuality that would not have been present had the woman been pictured facing the camera and sipping from a glass with friends, for example.”
It was, the ARB said, “not outside of the realms of possibility for viewers to make a phallic association with the wine bottle, given the sensual nature of the depiction”.
“Given the high rates of gender-based violence and specifically rape in SA, which are strongly associated with alcohol consumption in a high percentage of cases, the depiction of alcohol usage alongside sexual imagery makes for a poorly considered combination,” the ARB found.
It further found the depiction of a young woman having wine poured into her mouth “does not depict responsible consumption of an alcoholic beverage, either in terms of volume or pace of consumption”.
The board said the sexualised depiction of the woman created the impression alcohol enhances sexual performance or encourages sexual activity.
In upholding the complaints, the board advised all its members “not to accept the advertisement that is a subject matter of this complaint in its current format”.
In the second matter, the board dismissed a complaint laid by consumer Martie Viljoen against a billboard advertising Mavericks Revue Bar.
The billboard, displayed on the corner of Buitenkant and Barrack streets in Cape Town, shows a blonde model standing naked in a shadow alongside the Mavericks logo with her hand covering her breast that would otherwise have been exposed.
The complaint stated the billboard promotes pornography and, being on public display, was considered completely inappropriate for children.
“And it promotes human traffic. It violates the rights of women,” Viljoen complained.
In its response, Mavericks pointed out that the billboard had gone up in early December, had received much publicity when the presidential parade for the state of the nation address passed it in February, and yet only one complaint had been received. This was evidence the image was not generally viewed as offensive.
Mavericks said the depiction of the nude model had been executed “in such a manner as not to reveal either her nipples or lower abdomen, and insofar as one of her breasts is visible, this is largely covered by her hand”.
It argued its use of the naked woman was appropriate as it was used to advertise strip club services and was therefore “product relevant without overt sexual display”.
Mavericks also argued children who understood the billboard’s message and asked questions about it would be old enough to engage with their guardians on issues of a sexual nature.
The board agreed, finding it did “not believe the image will cause mental, moral, physical or emotional harm to a child viewing the advertising”.
It further found the services offered by Mavericks were legal, and the image relevant to the services on offer “even if consumers might not like the fact that such services exist”. The image was found to be “relatively inoffensive” and Viljoen’s complaint was dismissed.
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