Experts on the content and necessity of non-discriminatory advertising standards in Ukraine:
Dr Oliver Gray, Director General of the European Advertising Standards Alliance (EASA)
Self-regulation works if it is supported by the majority of firms in the industry. Self-regulation is the norm in most countries of the European Union.
Regarding Ukraine: I want to congratulate you on the gender initiative. For the standards to be effective, they must be signed by all players, including advertisers. An independent “watchdog”, an independent and trustworthy jury, appropriate education and awareness are also needed.
It is also worth noting:
- not only the rules themselves are important. Their application is more important
- the interpretation of the rules must be carried out “in spirit” as well as in accordance “to the letter”
- it is necessary to guarantee the adoption of independent, trustworthy decisions
- it is necessary to make sure that all parties take part in making a decision and will implement it
- It takes time to change unhealthy behavior
- education matters, no one wants wasted publicity
Iryna Lilyk, general director of the Ukrainian Marketing Association, national representative of ESOMAR in Ukraine
The tasks of the “Adoption of Standards of non-discriminatory advertising based on gender” project were to develop measures to prevent the appearance of discriminatory advertising in Ukraine. For this, the professional community of marketers and advertisers developed a common understanding of discrimination criteria and adopted standards of non-discriminatory advertising based on gender.
The standards of non-discriminatory advertising do not encroach on art and creativity. The task before them is completely different: it is necessary to protect the freedom of creativity, to create a self-regulatory mechanism in which the determination of whether a given product is discriminatory or not will be made by advertisers and marketers, and not by ethics committees. In cases where the professional community cannot influence the situation, or when it is beyond its competence, this is when the state should intervene.
Maksym Lazebnyk, executive director of the All-Ukrainian Advertising Coalition
- The Law “On Advertising” is already in force in Ukraine, but this document can be called inadequate for our society and insufficiently developed. So, for example, in Art. 7 lists the main principles of advertising, among which are the following: “Advertising should not contain information or images that violate ethical, humanistic, moral norms, disregard the rules of decency.” In Art. 8 “General requirements for advertising” states: “In advertising, it is prohibited to: place statements that are discriminatory on the basis of a person’s origin, his social and property status, race and nationality, gender, education, political views, attitude to religion, on the basis of language , type and nature of occupation, place of residence, as well as those that discredit other people’s goods.” In other words, there is a ban per se, and lawsuits can be brought on that basis, absolving the infringer of gender inequality through advertising. Then why does the court reject such claims? After all, the legislation does not prescribe mechanisms for determining advertising as discriminatory or non-discriminatory. The realities are such that it is necessary to adapt them to the legislative definition. Each case should be considered separately, taking into account the appropriateness of advertising placement (in public toilets or around schools).
Mykhailo Buchak, head of the strategic marketing and business development sector of the “Bohdan” corporation:
- Our target group is men aged 30-45, who, in fact, have already formed their views on life, so naked women in the advertising of our products will in no way influence their purchase decision. Advertising should be such that it is not embarrassing to watch it in the family circle. From a business perspective, using sexism in advertising is unfair competition. However, every businessman is forced to balance on the border between his own decency and possible profit.
Larisa Magdyuk, director of the Center for Gender and Legal Education of the Ukrainian Marketing Association:
- We should discuss when the use of signs (age, gender, etc.) will not be discriminatory! It is impossible to say a priori that a beautiful woman in an advertising appeal is sexism. We need to think through and give recommendations on situations when the manipulation of certain features can be perceived as discriminatory advertising, and when not; how to build an advertisement so that, in the presence of these signs, it is not perceived as discriminatory
Vladyslav Stefanyshyn, director of the marketing department, TD “Vodna tehnika”
Why do I need the Non-Discriminatory Advertising Standards? Before I would say about morality, I am still convinced today that we must avoid the expansion of sexism. However, sexist advertising is simply not cost-effective, it says nothing about your product, only about your questionable beliefs…