We are very pleased to report that we have successfully defended our movement against legal threats from Sexpo, with the Federal Court in Brisbane dismissing an application brought against Collective Shout by Sexpo Limited. Sexpo Limited was also ordered to pay Collective Shout’s costs.
It was in May 2017 that we were alerted to public buses servicing school routes in Perth that featured advertisements for Sexpo. The ads included the web address for one of their sponsors, a broadcaster of live streamed sex shows.
Ad Standards dismissed complaints and rejected our request for a review. Case Manager Nikki Paterson claimed that advertising live sex shows on the side of a bus was not a breach of the code. Our petition to prevent similar ads on Brisbane buses, due out the following month, attracted over 5000 signatures.
Sexpo’s lawyers threatened to sue Collective Shout for damages for “misleading and deceptive behaviour” under consumer law, citing social media posts by two staff members.
Sexpo claimed that Collective Shout was misleading because the bus ads promoting MyFreeCams.com did not share a url, and only included the words ‘My Free Cams’ with no .com to follow. They also denied that the image existed on a bus or any other physical medium. Take a look at a range of photographic evidence that proves otherwise:
In the weeks following the release of our petition, the ‘.com’ from the following billboard was blacked out:
Last month, The Honourable Justice Reeves dismissed Sexpo’s application against Collective Shout, concluding:
I do not consider Sexpo has established that it held a reasonable belief that it had suffered any harm to its commercial reputation as a consequence of Collective Shout’s alleged representations such that it may have a right to obtain relief in a claim against it. Sexpo’s application under r 7.23 must therefore be dismissed. I will order accordingly.
Justice Reeves also noted that Sexpo provided more than 500 pages of affidavit material in connection with their application, yet only three paragraphs were directly devoted to the existence of Sexpo’s belief about its right to obtain relief from Collective Shout, an argument ultimately rejected by the judge. Real the full judgment here.
The ruling against Sexpo is a significant victory- not just for Collective Shout and our supporters, but for all those who support the rights of children to live free from pornography. The sex industry in Australia has been permitted to target children with advertising for pornography and prostitution in public spaces for too long, and we are more committed than ever to stand up for the rights of children.
A Collective Shout supporter has been offered a $200 voucher from Ultra Tune after making a complaint to their Head Office.
In what appears to be a cut and paste form letter, Ultra Tune National Customer Service Manager Tania Plumpton utilises a range of justifications for the company’s routine sexism.
“We are sorry that you hate our advertisements sexist toward women” (sic)
Ms Plumpton assures the complainant that Ultra Tune’s Executive Chairman, Sean Buckley “stands by” the ads (what a relief). Sean Buckley has previously insisted that the ads are funny, despite overwhelming feedback from the public that they are sexist and juvenile.
“Only 300 complaints were made”
According to Ms Plumpton, only 300 people complained about their latest “Unexpected Situations” ad (only 300!) which amounts to “0.006% of the audience”- with the implication being those who objected to the ad were a tiny minority.
It doesn’t work like that. In fact, research on customer complaints suggests that 96% of unhappy customers don’t complain (although 91% of these will not return), or that for every 26 unhappy customers, only one will lodge a formal complaint. Ultra Tune received 300.
Those of us who have ever made a formal complaint about an advertisement to the ASB know how difficult this process can be. The fact that more complaints are not being made is not an indication of community acceptance, but rather, a difficult and ineffective complaints process.
As advertising is not pre-vetted, it is up to members of the community to find the time to make a formal complaint for offending ads to be investigated in the first place. Many people are not aware that they can even make a complaint, or who they might complain to. Complainants must be able to describe the ad, including the channel it was on and at what time. Many others may be dissuaded from making a complaint given the process has consistently failed to lead to any successful outcome, leaving complainants to believe that making complaints is a waste of time and deterring them from bothering in the future.
This is not evidence of a successful advertising regulation system, it’s just the opposite.
Convicted rapist Mike Tyson went through a “dark period”
Ultra Tune’s latest ad went a step further, featuring convicted rapist Mike Tyson. The former boxer who bragged about beating his wife and described his enthusiasm for enacting sexual torture on women has “deep regret and remorse” for the “dark period in his life”, presumably, the time when he raped a woman and bashed his wife. Ultra Tune defends their decision to feature a convicted rapist in their ad because Tyson has appeared in other movies.
Sean Buckley gives money to sports
The letter goes on to boast about Sean Buckley’s “generous support” of local combat sports that would “simply cease to exist”, with athletes who “would not be able to realise their dreams within this sporting arena”. It is unclear what any of this has to do with complaints about Ultra Tune’s consistently sexually exploitative advertising.
Sexism sells so Ultra Tune will continue to profit from sexploitation
Ms Plumpton then argues the sexist advertising is effective, resulting in a steady growth in sales. Evidently ethics and corporate social responsibility have little weight so long as Ultra Tune can profit from the exploitation of women.
The letter concludes as follows:
“We take all of our complaints very seriously and whilst we disagree with your thoughts on our advertisement, we would like to extend to you a $200 voucher that you (or your family) can use in the next 12 months at any of our Ultra Tune centres throughout Australia.”
Ultra Tune believes that they can convince consumers to overlook their sexist advertising with a mere $200.
Watch Mike Tyson’s awkward interview on Sunrise
Honey Birdette sexploitation highlights Ad Standards Board incompetence.Read more
Collective Shout call for financial penalties for repeat offendersRead more
Originally published on The Conversation
Advertising and sex are two of the oldest professions in the world. Indeed, one of the earliest uses of advertising was to advertise sexual services; prostitutes in Ancient Greece carved ads into the soles of their sandals so that their footprints read: “Follow me”.
Sex and sexism, however, are different things. One is fun and most people do it at some time in their lives; the other is offensive and should never be done at all. But if recent events – from Eddie McGuire to Steve Price – are any indication, it seems sexism, like porn, is something you only know when you see it.
If you need to know how this plays out in advertising, the award-winning Game of Balls ad is sex-in-advertising. The Ultratune ads are sexism in advertising, as is the campaign using pre-teen models in sexualised poses to advertise dancewear.Read more
We've spent years dealing with Ad Standards, and in this time, we've seen the many flaws in the system- one we argue needs a complete upheaval. Of course, the industry likes things exactly the way they are. As the Australia Institute said in the Letting Children Be Children report, "… advertisers also have an interest in avoiding government scrutiny that may lead to stronger regulation of advertising in the interests of the general public…Self-regulation is a strategy that enables the industry to avoid such scrutiny."
We've made a list of flaws in the current system, and narrowed it down to 25.Read more
Honey Birdette, the sex shop masquerading as a high-end lingerie store has a long history of using pornographic images of women in their shop front advertising. And they've been getting away with it- for years.Read more
Honey Birdette, the sex shop masquerading as a high end lingerie store, continues to blatantly disregard rulings from the Advertising Standards Board in regards to their porn-themed advertising.Read more