A poster of a woman wearing lingerie hangs prominently in front of a store in the middle of a crowded shopping centre.
These posters in the Honey Birdette shopfronts have upset some Australians enough for them to complain to Ad Standards.
The lingerie store received complaints about 31 of their ads in the past 12 months, with 16 found to breach the Australian Association of National Advertisers (AANA) code of ethics.
In 2024, Ad Standards received more than 4,000 complaints about 320 different ads across an array of media.
The panel reviewed 278 of the complained-about ads, upholding complaints for 88. The remaining complaints were resolved informally.
Repeat offenders
While Honey Birdette was the most complained-about business, they were not the only company to have multiple cases reviewed.
Apple and a Victorian brothel each had six ad complaint cases, Paramount and Yum Restaurants International (KFC) had five, while Budget Direct, Sportsbet and Universal Pictures had four each. The majority of complaint cases were in the food and beverage industry, followed by lingerie, entertainment and gambling.
The issues that prompted the most complaints were sexual appeal and nudity, followed by violence, and health and safety.
The most complained-about ad for 2024 was a TV commercial for KFC featuring a woman leaving the bedroom of a younger man, to the surprise of her daughter. It received 69 complaints.
A Red Rooster TV ad showing a skateboarder stealing chicken at a skate park was the second most complained-about ad for the second year running, receiving 55 complaints.
Why breach the code?
Gayle Kerr, a professor at the QUT school of advertising, said a company could view ad complaints as promotion, even if it is negative.
“It comes down to the intent of the advertiser as to what kind of output it aligns with,” she said.
By law, enforced by the Australian Competition and Consumer Commission (ACCC), ads must not be misleading or deceptive. Breaching the consumer law can result in penalties of up to $50,000,000.
The AANA code of ethics is a self-regulatory code that is enforced by Ad Standards, to provide overarching principles for all advertising.
It does not impose financial penalties.
Instead, businesses found in breach must cease to use the ad or modify it so that it is no longer in breach.
That can have great commercial costs, including the direct and indirect costs of withdrawing an advertisement and the reputational cost.
An Ad Standards spokesperson said while repeat offenders were rare, it was in the brands best interest to to align their advertising with community standards and adhere to the rules.
And when advertising breaches community standards there can be substantial backlash.
Professor Kerr explained that community perceptions of ads were changing, where gambling and misleading advertising were now the biggest concerns for audiences.
That’s reflected in the latest community perceptions research by Ad Standards.
And while going against community perception or potentially breaching the code of ethics might make a brand or product stand out, Professor Kerr said it might not always result in sales.
“There’s a difference between memorability and actually selling something. So you can certainly remember something that doesn’t mean that you’re going to buy it,” she said.
But a strong brand relationship can help avoid a major impact on sales if it happens to go against community standards, she said.
Influencers failing to disclose
Influencer advertising continues to be a growing industry and the most recent changes to distinguishable advertising rules — requiring ad posts to be labelled as such — have been in place since 2021.
However, failure to declare posts as sponsored ads was the theme of at least nine complaints, six of which were upheld.
According to an Ad Standards spokesperson, complaints about disclosure have been decreasing.
“In 2022, 8 per cent of complaints related to advertising disclosure,” they said.
“This dropped to 2.6 per cent in 2023 and less than 2 per cent in 2024.”
Despite this, Professor Kerr said the number of influencers failing to disclose sponsored content likely remained higher than the complaints Ad Standards was receiving.
Advertising to children
In December 2023, Ad Standards updated the AANA Children’s Advertising Code, extending it to all advertising directed at children, not just advertising of children’s products.
The code also prohibits content that promotes unsafe practices like bullying, unhealthy body image, unsafe behaviour and the use of sexual appeal or imagery in advertising aimed at children.
Advertisers are also required to ensure that it is immediately clear to a child when content is advertising.
Since the updated code has been in effect, Ad Standards received about 200 complaints about ads targeting children.
How do you advertise if your product might be offensive?
A Honey Birdette spokesperson said their ad focus was on “empowering women” and inspiring confidence in customers.
“Like all brands, we work hard to showcase our product in the best possible light through our stores and advertising,” they said.
“Whether you’re selling bold swimwear or sexy lingerie, it is inevitable that models often won’t be covered up.
“Women wear lingerie every day. There’s no reason for this to be hidden away in such secrecy or banished to the back of the stores.”
However, for products like lingerie, there remains a chance they could be seen as offensive by certain people.
That’s why targeted advertising is a better way to reach the right market than mass media, Professor Kerr said.
“There’s certainly so many opportunities to personalise things, to talk directly to that kind of target market through targeted advertising, through emails, through groups,” she said.
“We’re seeing that the ad spend on TV, for example, which always was the medium to reach everybody with advertising, that’s going down.”
The higher reach of mass media also increases the chances of complaints. In the past year, there were 82 cases of free-to-air TV ad complaints — just 12 were upheld.
Traditional mass media made up six of the 10 most common mediums for complaints.
Looking forward, Professor Kerr expects advertisers to continue to move away from traditional media and follow where consumers are going, such as social media or streaming services.
And that technology can be empowering for businesses.
“We’re also seeing the kind of statistics and we know exactly where people are buying, what platforms they’re purchasing from. We know more about when and where,” she said.
“Advertisers can also be more empowered to make better decisions based on their better understanding of people’s media habits.”
Top most complained about ads in 2024
KFC
This TV ad shows a woman exiting the bedroom of a younger man, much to the surprise of her daughter.
Complaints: 69
Decision: No breach
Red Rooster
This TV ad shows a skateboarder stealing chicken at a skate park.
Complaints: 55
Decision: No breach
Rest
This TV ad for a super fund shows a woman holding a disfigured cake followed by a man letting out a high-pitched scream.
Complaints: 45
Decision: No breach
Zynga
This TV ad shows a woman playing a casino-style game on her mobile.
Complaints: 44
Decision: No breach
KFC
This TV ad shows a couple having an awkward interaction in bed.
Complaints: 41
Decision: No breach
Pilot
This TV ad for an erectile dysfunction treatment shows a man and woman discussing a garden hose.
Complaints: 35
Decision: No breach
Gotham City
This mobile billboard ad for a brothel featured a series of images of women in lingerie.
Complaints: 28
Decision: Breach
Monash IVF
This TV ad for a fertility treatment provider shows a woman sitting on a toilet crying, with scenes of medical staff assisting patients.
Complaints: 24
Decision: No breach
Youi
This TV ad for an insurance company features a family discussing shopping for car insurance, comparing it to Aunty Kate’s search for a boyfriend.
Complaints: 23
Decision: No breach
Budget Direct
This TV ad for an insurance company shows a pool cleaner coming to life after being struck by lightning.
Complaints: 22
Decision: Breach.
