GENDER NON-DISCRIMINATION IN ADVERTISING: THE STRUGGLE AND VICTORY OF UKRAINE Ukrainian Marketing Association and Industrial Gender Committee on Advertising GENDER NON-DISCRIMINATION IN ADVERTISING: THE STRUGGLE AND VICTORY OF UKRAINE, 2022. Friedrich Ebert Foundation Office in Ukraine. The publication depicts a ten-year long journey of Ukraine to establishing a framework for compliance of the market to the principle of gender non-discrimination in advertising. As of 2022 Ukraine has both the most progressive legislation with regard to preventing discriminatory malpractices and an efficient self-regulation mechanism. Friedrich Ebert Foundation Office in Ukraine® © 2022 – All rights reserved. All rights reserved. No part of this publication may be reproduced, stored in a retrieval system, or transmitted, in any form or by any means, electronic, mechanical, photocopying, or otherwise for commercial purposes. When cited, please, indicate: GENDER NON-DISCRIMINATION IN ADVERTISING: THE STRUGGLE AND VICTORY OF UKRAINE, 2022. /O. Buchynska, O. Davlikanova, I. Lylyk, I. Perevozova/ Friedrich Ebert Foundation Office in Ukraine. – Kyiv – 138 p. The report is available at: Ukrainian Marketing Association www.uam.in.ua Friedrich Ebert Foundation Office in Ukraine www.fes.kiev.ua CONTENTS Abbreviations....................................... 4 Preface............................................ 5 Chapter 1. TIMELINE OF POSITIVE CHANGE.......... 9 Chapter 2. CURRENT STATE OF PLAY............... 22 Chapter 3. RESULTS OF THE 2021 STUDY «ATTITUDE OF THE POPULATION OF UKRAINE TO SEXIST ADVERTISING».......................... 43 CONCLUSION..................................... 86 APPENDICES..................................... 89 About the Ukrainian Marketing Association(UMA)..... 89 Standard of Gender Non-Discriminatory Advertising.... 91 Examples of sexist advertising disseminated in Ukraine by categories.......................... 119 Ads changed by advertisers after the dialogue with the IGCA or/and SSU............................. 125 Useful Links and Literature........................ 128 Acknowledgements.............................. 133 Authors......................................... 135 ABBREVIATIONS EASA – European Advertising Standards Alliance EU – European Union FES-Ukraine – Friedrich Ebert Foundation Office in Ukraine IGCA – Industrial Gender Committee on Advertising LU – the Law of Ukraine NGO – Non-government organization SSU – State Service for Food Safety and Consumer Protection of Ukraine Standard – The Standard of Gender Non-Discriminatory Advertising UМA – Ukrainian Marketing Association UN – United Nations UNDP – United Nations Development Programme USA – United States of America 4 Gender Non-discrimination in Advertising: the Struggle and Victory of Ukraine PREFACE 1 On January 8th, 2022 amendments to the Law of Ukraine«On Advertising» came into force. Thus, two definitions –«discriminatory advertising» and«genderdiscriminatory advertising» – have been introduced bringing life to the dead legislative norm that forbids all types of discrimination. So, what is it – an infringement of freedom of speech and expression or a good practice preventing promotion of gender-based violence and discriminatory stereotypes? The question is by no means rhetorical or minor given the influence and scope of advertising messages and its impact on societies. In Ukraine dated 1991 it had taken twenty years before the ground was set for the dialogue on sexism in advertising. Ten more years had passed between the year 2011, when advertising professional associations had smoked a peace pipe with gender experts and drafted the Standard of Gender Non-Discriminatory Advertising (ridiculing the issue and its advocates alongside) and 2021, when the Parliament at the second attempt adopted amendments to the Law«On Advertising». Thus, Ukraine got a well-tailored advertising market self-regulation tool and probably the most progressive and precise legislation norms banning promotion of disrespect to human beings, tolerance to gender-based violence and stereotypical thinking in ads. 1 The text of the preface has been written for the Syndicate Project and published with edits. 5 So, why a country with so many«real problems» like poverty, political instability, war etc. should bother at all? Because societies whose decisions are not based on universal human rights and corresponding values cannot contribute to wellbeing of all groups of citizens, thus increasing existing inequalities and solving issues in favor of the few at the expense of many. Companies and national economies are losing money because of underused women’s talents; individuals are losing life opportunities because of gender pay gap and glass ceiling; many of us could have had different life-stories if not social stereotypes limiting our choices. Every day a person is exposed to approximately 4,000 ads. The communication theory states that the repeated influence of media content leads to the perception of images as completely reflecting the reality. Like propaganda, the advertising effect is based on repetition, confirmation and nourishment(the cultivation) of certain ideas, values, beliefs, attitudes. Advertising agencies make millions of euros, dollars, hryvnas for ad campaigns positioning themselves as«wizards» able to make people hand their money to companies on a silver platter. However, this«magical gift» of persuasion fades away when they are confronted with demand to admit their role in dissemination and strengthening of harmful stereotypes, indulgence of gender-based violence, rape culture and the other Shadow’s manifestations. All that is bubble wrapped into the freedom of speech and expression, though these concepts are as close to each other as diligent ethical journalism and fake news. 6 Gender Non-discrimination in Advertising: the Struggle and Victory of Ukraine So, what is it – cynicism or ignorance? Sometimes, if a person lacks theoretical background it is hard to distinguish the difference between anti-sexism and anti-sex requirements. Elimination of a nude human body presentation or appeal to sex appeal in advertising is not an ultimate goal of gender non-discrimination initiatives. It is all about disrespect and humiliation. The fine line between art and objectification may be hard to see, when a muse does not show up, but it is so red that it takes some efforts not to notice crossing one. The key here is respect to human dignity, but if that is too vague, a simple question may be answered:«Would I be OK to substitute a model on an ad myself or pleased with similar portrayal of my dearest and nearest plastered all over the town». Being honest with oneself is the only obstacle when searching for the correct answer. Unfortunately, there are too many scattered small regional advertising agencies with no membership in professional associations. That’s why they are difficult to cover with awareness rising campaigns and trainings. Add to that special departments of large companies producing advertising by themselves and the mission to defeat sexism seems impossible, even though there are already enough research data in free access proving that sex does not sell always and everything, that ad consumers demand respect and depiction of more realistic characters, that humiliation is not perceived as creativity any more. 7 In order to both attract attention of the market to the issue, raise awareness and provide help to identify an ad as sexist, the new definition elaborated by the Ukrainian Marketing Association in cooperation with progressive professional associations, NGOs, judges and other stakeholders has been based on criteria set in the Standard. So, the Law now says:«Gender-discriminatory advertising is advertising containing statements and/ or images about the intellectual, physical, social or other superiority of one sex over another and/or about the stereotypical role of men and women promoting a degrading treatment of either sex and human dignity; demonstrates gender-based violence; uses images of a human body(body parts) exclusively as a sexual object in order to attract consumer’s attention and/ or references(words, sounds, images) to sexual relations that do not relate to the advertised product or method of its consumption». Thus, the new legislation is foremost about civilizational development, protection of the rights to honor and dignity, personal integrity, as well as a «kick-off» motivating advertisers to find true inspiration, create originally new ideas and grow professionally. It does not limit freedom of speech or expression rather it forbids malpractices that by the end of the day may cause real harm to real people in real life. Olena Davlikanova, FES-Ukraine Gender Focal Point Iryna Lylyk, President of the Ukrainian Marketing Association 8 Gender Non-discrimination in Advertising: the Struggle and Victory of Ukraine CHAPTER 1. TIMELINE OF POSITIVE CHANGE Before 2011 There were no guidelines on prevention of sexism in advertising, apart from a very general article in the Law of Ukraine«On Advertising» forbidding any form of discrimination, which was«dead» because of the lack of clear definitions. Tsunami of sexist advertising had been damaging Ukrainian information space(see examples of sexist ads in Appendix 3). A number of local initiatives devoted to the issue of sexism in advertising were organized by gender mainstreaming NGOs and aimed at raising awareness of the general public. However, no systemic dialogue with the advertising market was established. 2011 Ukrainian Marketing Association(UMA) in cooperation with the Friedrich Ebert Foundation Office in Ukraine organized a series of meetings for representatives of marketing and advertising agencies, as well as professional associations and gender experts, to discuss the development of market self-regulation framework regarding gender non-discrimination principles in advertising. Thus, stakeholders have joint forces and elaborated Ukrainian Standard of Gender Non-Discriminatory Advertising based on advertising 9 codes of European countries, the USA and Canada, and being guided by Millennium Goals, the European Commission’s reports and recommendations, European Union directives, Council of Europe recommendations, UN conventions that tackle combating sexism in advertising and media(see Appendix 2). Expert meeting«Development and practical implementation of advertising standards free from gender discrimination», June 21, 2011 Part of the expert group holding the Standard of Gender NonDiscriminatory Advertising(first version, signed by organizations present at the final meeting) Left to right: Oksana Kisseleva, UN Women; Iryna Lylyk, UMA President, Larysa Magdiuk, gender expert The Standard was signed by the biggest professional associations at the Forum on September 30, 2011 in presence of the representatives of EASA and World Federation of Advertisers, as well as leading gender NGOs. Later it was officially registered at the State Centre for Quality Standardization. 10 Gender Non-discrimination in Advertising: the Struggle and Victory of Ukraine International Forum«Standards of Advertising Free from Gender Discrimination», September 30, 2011 Oliver Gray, Director General of the European Advertising Standards Alliance(EASA) (The Standard was signed by major ad market players) 2012 An NGO Industrial Gender Committee on Advertising (IGCA) was founded as a watchdog to oversight compliance with the Standard, to advocate for observance of gender non-discrimination principles in advertising among companies, marketers, advertisers and other stakeholders. Since 2012 awareness-raising campaign regarding the Standard, IGCA, possibility to submit complaint and ad discrimination criteria has been conducted constantly(for more about procedures and achievements of the IGCA see Chapter 2) 11 2013 University teachers of marketing and advertising were invited to the dialogue on sexism in advertising and inclusion of the topic in curricula. In 30 Universities the lectures on the topic has become an established practice. Since then the work with University teachers and students became systemic. A number of students’ festivals on advertising were supported 2 , lectures conducted, materials provided. 2014 Regional branches of the IGCA have started to appear. Local representatives are better familiar with the local advertisers and authorities and thus may achieve better results in the dialogue with stakeholders. Moreover, some of its heads are advertising and marketing teachers. IGCA launched pilot sexist ad monitorings. 2015 The IGCA conducted the first all-Ukrainian monitoring of«Sexism in outdoor advertising» on the streets of Ukrainian cities: Kyiv, Dnipropetrovsk, Kharkiv, Zaporizhia, Chernivtsi, Rivne, Kryvyi Rih, Odessa, Poltava, Sumy, Khmelnytsky. The information was collected by volunteers who received appropriate training. 2 A special contest«For Anti-Sexist Advertising» was several times included in the framework of festivals. Here are some of the students’ works: https://fb.watch/b6k4RTG8_7/ or https://fb.watch/b6k7DLn837/ 12 Gender Non-discrimination in Advertising: the Struggle and Victory of Ukraine 2016 Cooperation with authorities was lauched. The Industrial Gender Committee on Advertising strengthened its positions as an anti-discrimination actor. It cooperates with the Ombudspersons’ office. It consulted the Parliamentarian Committee on Freedom of Speech and Information Policy concerning amendments to the legislation on prevention of discrimination in media. IGCA has also established closer cooperation with the National Council of Ukraine on Television and Radio and provided three expert conclusions that resulted in termination of two sexist ads broadcasted on TV. It became a member of the Expert Board on Combating Discrimination under the Ministry of Social Policy of Ukraine 3 . International Forum«Strengthening Non-Discrimination Through Self-Regulation and Social Responsibility», March 23, 2016 Left to right: Myroslava Digtiar, Gender Focal Point in the Ombud’s Office of Ukraine; Iryna Lylyk, UMA President, Head of IGCA; Dominic Lyle, Director General, European Association of Communications Agencies(EACA); Maksym Lazebnyk, Executive Director, All-Ukrainian Advertising Coalition; Anastasia Stanko, journalist 3 Under the raising pressure of the anti-gender movement the Board was dissolved in 2021. 13 2017 Close cooperation with the State Service for Food Safety and Consumer Protection of Ukraine 4 , the only state body authorized to fine advertisers for violation of the Law«On Advertising», was established. Representatives of the Service has been since then trained annually, provided with materials and expert support etc. IGCA started providing expert conclusions for court hearings for fines on sexist advertising. IGCA initiated changes to the Law«Оn Advertising» to include more specific explanation of gender discrimination in advertising and increase responsibility of violators. 4 STATE SERVICE ON FOOD SAFETY AND CONSUMER PROTECTION OF UKRAINE. URL: https://dpss.gov.ua/ 14 Gender Non-discrimination in Advertising: the Struggle and Victory of Ukraine 2018 Cooperation with the Female-Judges Association was established. Special seminars for judges were launched in partnership with the National School of Judges of Ukraine. IGCA apart from FES-Ukraine cooperates with the EU Office in Ukraine, UNDP and other international organizations Training«Prevention of Sexism in Advertising: Tools of Local Authorities and Cooperation with Civil Society», November 16, 2018 15 International Forum«Advertising of the 21st Century. Standards of Gender Non-Discriminatory Advertising», October 25, 2018 Left to right: Natalia Morozova, Chairman of the Board, International Marketing Initiatives Association; Maksim Lasebnik, Executive Director of the All-Ukrainian Advertising Coalition; Ella Smillie, Regulatory Policy Executive at the Regulatory Policy Department of the Advertising Standards Authority, United Kingdom; Justina Raižytė, Development and Policy Manager, European Advertising Standards Alliance; Olena Davlikanova, FES-Ukraine project coordinator; Dmytro Gnap, journalist, moderator 2019 The Parliament failed to adopt the changes. Reload of campaign for lobbying changes to the Law «On Advertising» in a newly elected Parliament. 16 Gender Non-discrimination in Advertising: the Struggle and Victory of Ukraine 2020 Update of amendments to the Law of Ukraine«On Advertising» preventing distribution of gender nondiscriminatory advertising. An expert on finalization of amendments to the Law of Ukraine«On Advertising». Representatives of the Ministry of Social Policy, the All-Ukrainian Association of Women Judges, the Ukrainian Marketing Association, the Industrial Gender Committee on Advertising, lawyers and gender experts. February 10, 2020. Strategic session«Consolidation of efforts of IGKR, SSU and judges to prevent sexist advertising», February 19-21, 2020 17 2021 Adoption of the changes to the Law«On Advertising». A Memorandum of Understanding was signed among IGCA, FES-Ukraine and the State Service for Food Safety and Consumer Protection of Ukraine. A study«Perception of Sexist Advertising by the Population of Ukraine» was conducted(see Chapter 3). The IGCA work was presented for the Council of Europe «Combating sexist advertising: learning from practice». Amendments to the Law of Ukraine«On Advertising», September 10, 2021 18 Gender Non-discrimination in Advertising: the Struggle and Victory of Ukraine Presentation of the results of the«Study of the attitude of the population of Ukraine to gender-discriminatory advertising», UNIAN. September 14, 2021. On October 4, 2021, a Memorandum of cooperation on the prevention of discriminatory advertising and principles of cooperation was signed among the State Service for Food Safety and Consumer Protection of Ukraine, the Industrial Gender Committee on Advertising, which operates under the NGO«Ukrainian Marketing Association», and the Friedrich Ebert Foundation Office in Ukraine. 19 2022 Amendments to the Law of Ukraine«On advertising» came into force on January 8th, 2022. A study«Attitude of Ukrainian Marketers and AdProfessionals to Sexist Advertising» was launched. 20 Gender Non-discrimination in Advertising: the Struggle and Victory of Ukraine Milestones of Gender Mainstreaming in Advertising Timeline Standard of Gender Non-Discriminatory Advertising was created and signed by key market associations Cooperation with the State Consumer Rights Protection Service and Judges; First administrative nes for sexist ads; First court hearings. All-Ukrainian Study of the Attitude to Sexist Ads 2011 2012– 2017 and on 2017 2017– 2021 2021 Establishment of the Industrial Gender Committee on Advertising Multi-vector information campaign for: - Professional community; - Advertisers; - University teachers of marketing; - Students; - General public etc. Annual all-Ukrainian monitoring of outdoor sexist ads Drafting, promotion and adoption of the Amendments combating sexism to the Law of Ukraine“On Advertising” 21 CHAPTER 2. CURRENT STATE OF PLAY Professional associations Gender NGOs The Overall Mechanism of Sexism in Advertising Prevention in Ukraine As of 2022 Ukraine has both well-established advertising market self-regulation mechanism through the Standard of Gender Non-Discriminatory Advertising, on the one hand, and the national mechanism outlined in the Law «On Advertising» complemented by a number of other state institutions engaged in human rights protection and gender mainstreaming. Organizations acting in the framework of each mechanism cooperate with each other combining efforts on prevention of malpractices. IGCA Legislative power Executive power Government Commissioner for Gender Equality The State Service for Food Safety and Consumer Protection State Committee on TV and Radio Judicial power Government Commissioner for Gender Equality Policy Administrative and appeal courts 1 – cooperation for conducting awareness raising campaigns and review of claims from citizens(organizations can only recommend to change advertising but cannot ne advertisers); 2 – provision of proposals for amendments to the Law of Ukraine«On Advertising»; 3 – provision of expert conclusions for issuing nes and court hearings; – provides only recommendations to advertisers; – has the authority to issue nes or view cases to support such claims. 22 Gender Non-discrimination in Advertising: the Struggle and Victory of Ukraine The State Mechanism of Sexist Adverting Prevention Since its adoption in 1996 the Law of Ukraine«On Advertising» prohibits all types of discrimination. Paragraph 3 Part 2 of Article 8 states:«Advertising should not contain statements that are discriminatory on the grounds of origin, social and property status, race and nationality, sex, education, political views, religion, language, type and nature of occupation, place of residence, or discredit the goods of others.» Among all the listed characteristics the ban on sexbased discrimination in advertising was most massively ignored and remained unpunished for more than a decade since the adoption of the Law. Partially, it was due the manipulative position of advertisers that there are no clear criteria for defining sexist ads. Even though such criteria existed in the Standard of Gender Non-Discriminatory Advertising(see Appendices 2 and 3), which is obligatory only for the associationssignatories, the Law gave no additional explanations on the matter wide opening a window of opportunities for manipulations and malpractices. On September 10th, 2021 the changes to the Law was adopted by 266 votes. Two following definitions were added to the text of Article 1: 23 «Discriminatory advertising is advertising that contains or uses statements and/or images that are discriminatory on the grounds of race, color, political, religious and other beliefs, gender, age, disability, ethnic and social origin, citizenship, marital and property status, place of residence, by language or other characteristics in relation to a person and/or group of persons»; «Gender-discriminatory advertising 5 is advertising containing statements and/or images about the intellectual, physical, social or other superiority of one sex over another and/or about the stereotypical role of men and women promoting a degrading treatment of either sex and human dignity; demonstrates gender-based violence; uses images of a human body(body parts) exclusively as a sexual object in order to attract consumer’s attention and/ or references(words, sounds, images) to sexual relations that do not relate to the advertised product or method of its consumption». The only state executive authority responsible for the foresight over compliance with the norm of the Law is the State Service of Ukraine for Food Safety and Consumer Protection of Ukraine. 5 5 The definitionis are based on the Standard of Gender Non-Discriminatory Advertising. 24 Gender Non-discrimination in Advertising: the Struggle and Victory of Ukraine Підстави для реагування у зв’язку з п T о he р O у p ш er е a н tio н n я M м e з ch а a к n о is н m о o д f а t в he ст S в ta а te Ser п vi р ce о o р f U е k к r л ai а n м e f у or Food Safety and Consumer Protection of Ukraine(SSU) Protocol on the violation of the legislation Identi cation of violators after the brief review of the case Detailed review of the case No signs of violation found after the brief review of the case Case closed Violation found Violation not found Fine Case closed 25 Statistics by the SSU 2018 Number of fines 133 issued Amount of fines 553,1 (thousands, UAH) 2019 125 2020 60 2839,8 282,8 2021 68 233,0 Amount of fines 129,5 155,3 89,4 97,9 paid voluntary (thousands, UAH) 26 Gender Non-discrimination in Advertising: the Struggle and Victory of Ukraine The Role of Courts Administrative courts are responsible for hearing advertising-related cases. The courts consider the following types of cases in this category: 1. taken to court by a natural person-entrepreneur/ legal entity(company) declaring that the fine issued by the SSU is wrongful; 2. taken to court by the territorial branch of the SSU against a natural person-entrepreneur/ legal entity (company) for violation of the Law of Ukraine«On Advertising»(dissemination of sexist advertising). The SSU nes an advertiser for a sexist ad An advertiser pays the ne voluntary and changes an ad An advertiser disagrees with the SSU decision Hearing at an administrative court CASE CLOSED An advertiser is found guilty for the violation of the LU“On Advertising” An advertiser is found not guilty for the violation of the LU“On Advertising” CASE CLOSED An advertiser pays the ne voluntary and changes an ad An advertiser or SSU disagrees with the decision of the court and submits an appeal The case is being heard in an appeal court CASE CLOSED The first court hearing on sexist advertising took place in Vinnitsia in 2018. A company won. The fine was not paid 6 . 6 Later on at one of the seminars for judges, the judge who had ruled in favor of the company said that she would have decided differently, if received relevant training timely. 27 2021 Statistics 1. Vinnytsia 2. Volyn 3. Dnipro 4. Donetsk 5. Zhytomyr 6. Zakarpattia 7. Zaporizhzhia 8. Ivano-Frankivsk 9. Kirovograd 10. Kyiv 11. Luhansk 12. Lviv 13. Mykolaiv 14. Odesa 15. Poltava 16. Rivne Number of cases reviewed 1 0 0 3 0 0 2 5 32 0 4 22 3 0 4 0 Number of cases still in court 6 0 2 14 0 3 10 8 19 58 16 40 8 9 8 1 28 Gender Non-discrimination in Advertising: the Struggle and Victory of Ukraine 17. Sumy 18. Ternopil 19. Kharkiv 20. Kherson 21. Khmelnytsk 22. Cherkasy 23. Chernivtsi 24. Chernigiv 25. Kyiv Total Number of cases reviewed 14 4 17 4 0 0 9 7 54 185 Number of cases still in court 18 7 40 6 2 4 7 0 62 348 29 The Self-Regulation Mechanism of Sexist Adverting Prevention Aims, Achievements and Operation Mechanism of the Industrial Gender Committee on Advertising Industrial Gender Committee on Advertising(IGCA) is a union of professional and civil society organizations founded in 2012 by a number of professional associations of marketers and advertisers together with gender equality advocates as a guarantor and promoter of the elaborated by them in 2011 Standard of Gender Non-Discriminatory Advertising. It is a tool for ad market self-regulation specifically tailors for gender discrimination elimination. The Standard is signed by the Ukrainian Marketing Association, Legal and Gender Education Centre, the All-Ukrainian Advertising Coalition, the Outdoor Advertising Association, the Ukrainian Association of Direct Marketing, International Association of Marketing Initiatives, Union of Advertisers of Ukraine, NGO«School of Equal Opportunities», NGO «Ukrainian Women’s Fund», NGO«Women’s Consortium of Ukraine» etc. Since 2014 IGCA has been establishing its regional branches that raise awareness of local advertisers and advertising agencies, as well as local authorities on social, physical, psychological and other forms of harm that discriminatory advertising may cause in real life. 30 Gender Non-discrimination in Advertising: the Struggle and Victory of Ukraine IGCA Main Tasks: » raising awareness of marketers and advertisers on the issues of gender discrimination and Standard of Gender Non-Discriminatory Advertising, as well as progressive global developments in the field; » raising awareness of general public on harm caused by sexism in advertising and tools for its prevention available for citizens by means of events, talks on radio, TV, social media, publications etc.; » educating marketing University teachers by informing on the recent trends in advertising and self-regulation with regard to gender discrimination assisting them in development of relevant study materials and lectures and further inclusion of the topic into curricula; » informing students(future marketers) about social responsibility of marketers and advertis, criteria of sexist ad identification and modern approaches to advertising creation by supporting a number of student ad festivals, lectures, education videos; » reviewing complaints on sexist advertising submitted by citizens and informing companies that they have violated the Standard urging them to change sexist ad; » on request IGCA provides expert conclusions on complaints submitted directly to the State Service for Food Safety and Consumer Protection of Ukraine(state body authorized to impose fines on advertisers for violation of the Law«On Advertising») used in court hearings; » on request IGCA also provides pre-testing of advertising for companies. 31 IGCA Lines of Activities 32 Gender Non-discrimination in Advertising: the Struggle and Victory of Ukraine The Operation Mechanism of the Industrial Gender Committee on Advertising Receiving a complaint Reviewing a complaint by the IGCA An advertiser changes or withdraws an ad An ad is found discriminatory An ad is found nondiscriminatory Contacting an advertiser with a demand to withdraw an ad Informing a complainant on the results of the complaint review An advertiser does not change or withdraw an ad Informing a complainant on the results of the complaint review Closing a case Closing a case Handing a case to the SSU SSU fines an advertiser 33 Category 1 Advertising based on stereotypical representation of gender roles Categories of Sexist Advertising Category 4 Advertising showing gender-based violence Category 2 Advertising humiliating any gender by transmitting messages on superiority of one gender over another on the grounds of intelligence, physical force, social status etc. Category 3 Advertising exploiting a person as a sexual object and/or through images or words contains hints on sexual intimacy, which has nothing to do with the product advertised or ways of using it. Advertising is not considered gender discriminatory and does not violate good practices of advertising and marketing, if it depicts naked human body or conditionally dressed people, when such representation of persons is related to the advertised product/service and is directly associated with its consumption. 34 Gender Non-discrimination in Advertising: the Struggle and Victory of Ukraine «Look at this sweet offer»(ad of a pawnshop) «Size matters»(а d of a shoe shop) «Mother creates comfort at home»(ad of construction materials shop) 35 «Every third is free of charge»(ad of a travel agency) «I will open my business», «I want it all right away» (ad of a bank, loans) 36 Gender Non-discrimination in Advertising: the Struggle and Victory of Ukraine (ad of a dumpling fast food restaurant) «Take it in your mouth»(ad of a sushi restaurant) 37 Statistics At the beginning the IGCA received no complaints at all, but information camaign raised awareness on the selfregulation mechanism. Already in 2012, two companies had changed their ads after consultations with the IGCA before they were released. Step by step, the Committe started to receive more and more complaints from citizens, including via facebook page. However, the numbers show that the dialogue with the comapies was only partially effective. While big companies and members of professional associations took into account new trends, but small local businesses ignored progressive change. 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 Number of complaints 0 22 31 42 84 120 403 7 125 128 134 Number of ads changed 2 12 15 35 21 26 98 48 43 48 7 In 2018 a Ukrainian NGO«Women's Rights Protection League» received a grant for monitoring sexist advertising and handed over the results to the IGCA. 38 Gender Non-discrimination in Advertising: the Struggle and Victory of Ukraine Examples of the IGCA Activities Cartoon“Harmful Advice for Advertisers” https://youtu.be/ zGvXXWGhwhs TV and Radio 39 Competition of Students’ Videos “Non-Discrimination in Advertising” Toolkit for Judges http://library.fes.de/pdf-files/ bueros/ukraine/17538.pdf 40 Gender Non-discrimination in Advertising: the Struggle and Victory of Ukraine Toolkit for Marketers http://library.fes.de/pdf-files/ bueros/ukraine/15350.pdf 41 STUDY«ATTITUDE OF THE POPULATION OF UKRAINE TO SEXIST ADVERTISING» http://library.fes.de/pdf-files/ bueros/ukraine/18251.pdf CARTOON«ATTITUDE OF THE POPULATION OF UKRAINE TO SEXIST ADVERTISING» https://www.youtube.com/ watch?v=bw2hsbXGor8 42 Gender Non-discrimination in Advertising: the Struggle and Victory of Ukraine CHAPTER 3. RESULTS OF THE 2021 STUDY«ATTITUDE OF THE POPULATION OF UKRAINE TO SEXIST ADVERTISING» The aim of the study conducted in 2021 by the Industrial Gender Committee on Advertising in cooperation with the FES-Ukraine is to assess: » the attitude of the population of Ukraine to sexist advertising; » the impact of discriminatory images and messages on the memorability of a brand, as well as the desire to buy a product/service advertised in this manner. However, in order to avoid psychological impact on the respondents, these aims were not disclosed to respondents. 43 Methodology 1 Qualitative research and experiment on identi cation of the product/ service advertised in sexist ads 2 Quantitative research (All-Ukrainian online study) 2021 2021 February – March 68 34 34 February – May 2410 50% 50% Age group: 18-72 3 Experiment on remembrance of sexist advertising 36% with higher education, 31% with vocational education, 33% with secondary education; 37% Age group: 18-25, 27% Age group: 26-40, 36% Age group: older than 41 All the regions of Ukraine apart from the occupied territories 4 Eye-tracker experiment 2021 2021 April 84 42 42 May 50 25 25 Age group: 20-67 Age groups: 18-25, 26-35, 36-45 р 44 Gender Non-discrimination in Advertising: the Struggle and Victory of Ukraine Key Conclusions 1 Sexist advertising does not enhance memorability of a brand, and even more, distracts from the object(product or service) advertised. The name of a trade mark is remembered 3 times better in non-discriminatory advertising rather than discriminatory by men and women alike. Looking at discriminatory advertising, men pay attention to sexual content more than women, but later recollect a trademark much worse than women. 2 Consumers often do not identify what is being advertised in discriminatory ads, or perceive them as advertising of other goods or services than those intended, depending on personal associations. Respondents(both men and women) mentioned that in most discriminatory advertising images and/or text(slogan) do not match/correspond to or associate with the advertised goods/ services. 3 Consumers of advertising are tolerant to«nonaggressive» objectification of people of the opposite sex and speak up against objectification of persons of the same sex as themselves(women do not like images of half-naked women, while men react strongly negatively to naked male bodies). 4 Both men and women are equally negative about excessive/aggressive objectification and scenes of gender-based violence, which are considered by the majority as unacceptable. 45 5 Although gender stereotypes are detected in opinions regarding roles and behavioral patterns of almost 50% of respondents, 70% of women and 57% of men are openly negative about stereotypes being replicated by advertising. 6 Respondents often described examples of discriminatory advertising as«stupid»,«vulgar» and«degrading». The more aggressive was manifestation of sexism, the more negative characteristics were used to describe an ad. 7 To describe emotions caused by sexist ads the following four nouns were used most often: «disgust»,«irritation»,«shame» and«indignation». In addition, respondents noted that sexist advertising content weakens the desire to buy advertised products/services. 8 Respondents consider the following topics to be catchy: stories of self-improvement(mostly for sports brands); extreme; pets; family values, etc. While,«flat» or«below the belt» humor and images of naked bodies(when the nakedness is not related to the goods or services or method of their consumption) are rejected as inappropriate. 9 32% of consumers are willing to complain about sexist advertising. 10% of respondents(both women and women) have complained at least once already. 46 Gender Non-discrimination in Advertising: the Struggle and Victory of Ukraine Some Key Findings Qualitative research and experiment on understanding which product/service are advertised in sexist ads In-depth interviews contained a number of questions regarding expectations from advertising and attitude to the depiction of stereotypes. Respondents expect advertising to be understandable in such a way that the content does not distract attention from a product/ service. In their opinion, an ad should bring up direct associations with a product or service and inform on its benefits. As for the awareness of the meaning of the term«sexist advertising», it is pretty low. Most respondents explained its meaning as advertising depicting scenes of a sexual nature. Still, they managed to name widespread gender stereotypes. 72% of the interviewed consider gender stereotypes a negative phenomenon and a relic of the past. 47 Here are some quotes: Female, 19, student:«The main function of advertising is to sell products/services. But how can one sell anything, if a potential consumer cannot recollect or understand what was advertised. Advertising should be clear and well-remembered». Male, 23, student:«What is advertising for(even super bright and innovative), if tomorrow I can’t recall it? Advertising is effective when I understand and remember what to buy in the future.» Woman, 41, economist:«If an ad does not cause immediate associations with an advertised product, it’s a waste of company’s money». Male, 63, retired:«For me it is sometimes difficult to understand what exactly is advertised. In my times advertising was easier to understand. You did not have to try hard to get the message. And now…I definitely don’t keep up with all these tendencies!» Afterwards respondents were offered to look at ad samples(sexist ads of different categories) with blurred brands, guess what is being advertised and share feelings and impressions. As a result, the average share of correct guesses reached 10%. 48 Gender Non-discrimination in Advertising: the Struggle and Victory of Ukraine 1 Car washing services «Ducks are flying away to warmer countries. All but one, which is fat like me»(poem). 4 Retail shop «Mother is beautiful and father works». 2 Restaurant «”Frying” better than Your husband» (to«fry» has a connotation to«have sex». 5 3 Fur coats. Sales. «Do not pull!!! It will not be cheaper. Liquidation of a 2017 collection» (this picture with the same text was later used by other companies for advertising sales of other products). Internet «I gave it to your neighbor free of charge. I can give it to you too, if you wish». 49 Ad Sample Number of respondents who correctly guessed a product/service advertised Number of comments positive negative Number of respondents ready to buy a product/ service 1 0 0 68 0 2 18 7 61 11 3 3 0 68 2 4 9 26 42 28 5 4 0 68 0 50 Gender Non-discrimination in Advertising: the Struggle and Victory of Ukraine Female, 39, director of a training center:«When I see such ads I feel vicarious shame». Male, 44, IT-specialist:«I don’t care about advertising at all. I have long been disappointed in Ukrainian marketers. The only thing I know for sure is I wouldn’t want my thirteen-year-old son to see something like this». Female, 41, economist:«If there are no immediate associations with the advertised product, it’s an«empty» advertising. What associations with goods or service are we talking about here? The only association is a the lack of professionalism and distorted consciousness of the creators of such ads». Male, 48, manager in a consulting firm:«Advertising should evoke positive emotions and desire to buy a product. I can’t say that any of these ads does the job». Female, 72, retired:«(laughs) What is it? Is this real advertising? Are you kidding? Who is it for? Unbelievable!» 51 Quantitative research (All-Ukrainian online study) The quantitative research covered answers of 2410 respondents of all age categories, from all the regions of Ukraine(except for the occupied territories), 50/50% female and male with different levels of education. Respondents were asked to assess how much they like/dislike sexist ads; if image/text is associated with the advertised product/service; if they would buy an advertised product/service; whether advertising strengthens or weakens their desire to buy from a company that uses such advertising; which emotions are evoked by sexist advertising; and the overall attitude of to sexist advertising. Structure of the Online Questionnaire The questionnaire consisted of the following groups of questions: 1 respondents assessed sexist ads and reported on their attitude, emotions, associations; 2 gender-stereotypes-related questions to assess if respondents have any prejudices and if that a ects their everyday practices and consumer habbits; 3 questions measuring level of awareness of sexism and discrimination advertising; 4 respondent identi cation questions. 52 Gender Non-discrimination in Advertising: the Struggle and Victory of Ukraine Ads used in the study Ad 1 Objectification of a woman (via text) Ad 2 Objectification of a man Ad 3 Objectification of a woman (via image) Ad 4 Genderbased violence Ad 5 Ad 6 Ad 7 Gender stereotypes (with grown-up characters) Gender stereotypes (with child characters) Objectification of a woman via facism (showing intimate body parts) 100 4 3 4 5 80 6 10 60 8 10 40 9 8 20 33 0 Ad 1 Results Q1. On a scale from 0 to 10, where 0 –«do not like at all», 10 –«like a lot», please, mark how much You like/ dislike an ad 8 . 24 5 23 24 8 13 4 34 3 4 3 43 4 5 4 6 6 6 4 5 8 7 9 7 8 7 7 9 9 9 10 8 7 10 9 10 9 10 8 11 10 8 11 10 7 9 8 10 9 9 8 8 9 6 49 35 33 38 28 25 Ad 2 Ad 3 Ad 4 Ad 5 Ad 6 Ad 7 0 1 2 3 4 5 6 7 8 9 10 8 The order of questions is different to the one in the original study. 53 Ad 7 2,23 Ad 4 2,7 Ad 2 2,79 Ad 1 3,12 Ad 3 3,14 Ad 5 3,2 Ad 6 0 0,5 1 1,5 2 2,5 3 Overall evaluation average 3,89 3,5 Both women and men react explicitely negative to depicting scence of gender-based violence in advertising and images of half-naked persons of the same sex (when naked people are depicted in a degrading way and nudity has no connection to a product or method of its consumption). In other words, women do not like objectification of females, while men greatly dislike images of objectified males. As of stereotypes, the so-called generation X is more tolerant to gender stereotypes in ads such as«a woman’s place is in the kitchen». Millenials and generation Z recognize sexism in all categories better and are less tolerant to all its manifistations. 54 Gender Non-discrimination in Advertising: the Struggle and Victory of Ukraine Respondents with higher education better recognize and have most negative attitude to gender discriminatory advertising than persons with vocational or secondary education. Overall, among the population of Ukraine NO segment that would be consistently tolerant to sexism in advertising was detected. Thus, it can be argued that advertising humiliating women or men have potential negative effect on consumers' attitudes and thus on sales. Thi s is an absolute lack of creativity. Does not associate with a product at all. This sex appeal approach is a bad move as it will not interest women at least. Objectification of women is unacceptable. Very unfrofessional. Absurd. A bit too much. How is football linked to a product?(coffee shop) Does not look like advertising. Does not cover men as target group. This is weird. 55 This is sexist. Weird. I don’t get it – how does a human sapience comes up with such ads?! Standard underpornorgaphy. A bad joke. Unclear what it is about. This propagates violence. This violates the values of the global brand. Outdated. Sensless. Primitive. Unclear. Inappropriate. It is OK. 56 Gender Non-discrimination in Advertising: the Struggle and Victory of Ukraine Awfully pornographyc. What is being advertised? Garbadge. Q2. In your opinion, is an image/text associated with the advertised product/service? More than 70% of respondents said that the image/text is not associated or is hardly associated with goods/ services advertised. % of respondents who % of respondents who said said that an image is not that a text is not associated № Ad associated or is hardly associated with a product/ or is hardly associated with a service advertised product/service advertised women men women men 1 81% 61% 79% 58% 2 80% 67% 77% 64% 57 % of respondents who % of respondents who said said that an image is not that a text is not associated № Ad associated or is hardly associated with a product/ or is hardly associated with a service advertised product/service advertised women men women men 3 74% 67% 73% 54% 4 80% 66% 74% 61% 5 75% 58% 72% 56% 6 56% 48% 60% 50% 7 82% 66% 79% 65% 58 Gender Non-discrimination in Advertising: the Struggle and Victory of Ukraine Q3. How would You characterize such advertising? On average for all samples offered for assessment, most often the respondent chose negative characteristics like «stupid»,«vulgar» and«degrading human dignity». Stupid Vulgar Funny Humiliating human dignity Cool Harmful Creative Piece of art 21% 19% 17% 16% 15% 10% 0 5 10 15 20 25 Overall evaluation average 36% 29% 30 35 40 Whoever created this ad has not had sex for a long time and has issues with women. Otherwise, I do not know how someone could come up with this. Absurd. A marketer stuck in the 90s. It is hard to call this piece an ad. It is rather a blunt combination of random text with the first best image. Who are they targeting? It is a cheap way to attract attention. The picture will attract attention, however it is absolutely unclear what product/service is promoted. The author’s creativity is «broken». Booooorrying. Primitive. It’s trash. 59 Q4. What do you feel watching these ads? Each sample was evaluated separately. Most often respondents claimed they had negative emotions like «disgust»,«irritation»,«shame» and«outrage». Disgust Irritation Shame Outrage Nothing Interest Fear Joy Anxiety Sexual arousal Exitment Trust 29% 26% 26% 25% 21% 15% 9% 8% 7% 6% 4% 4% 0% 5% 10% 15% 20% 25% 30% Overall evaluation average Q5. If an ad evokes negative emotions, would you buy a product/service advertised from a companyadvertiser? Over half of the respondents would either for sure refuse buying from a company or are not sure they will. For the rest advertising is either not important or they trust a brand. Also price is a decisive factor. 60 Gender Non-discrimination in Advertising: the Struggle and Victory of Ukraine I am not sure 20,6% No way If a producer uses such ad, it might mean there are issues with the quality Advertising does not matter 20,5% 16,6% 15,9% Yes, if I trust a brand 14,1% Yes, if it is the lowest prise on the market 12,4% 0 5 10 15 20 25 Overall evaluation average Q6. What is sexist advertising?(multiple choice question) Criteria of sexist advertising have been included as answer options. Most often respondents identify sexist ad as the one that humiliates human dignity, while stereotyping and objectification are less useful as specific criteria for sexism detection by the population. It humiliates human dignity It promotes violance It exploits stereotypes about women and men Uses a person as a sexual object Advertising can not be sexist 0 52% 47% 41% 35% 17% 10% 20% 30% 40% 50% 60% 61 Sexist ad depicts scences of sexual nature It is when an ad is based on«sex sells» principle. Q7. Do you consider these advertising samples to be sexist? All the ads offered for assessment were identified as sexist by the Industrial Gender Committee on Advertising. However, only about half of the respondents viewed the samples as gender discriminatory, exept for Які з цих реклам Ви оцінюєте як дискримінаційні по відношенню до чоловіків чи жінок(чоловіків та жінок)? Ad 7 55,8% Ad 6 31,3% Ad 5 36,7% Ad 4 56,5% Ad 3 48,7% Ad 2 46,2% Ad 1 0% 56,6% 10% 20% 30% 40% 50% 60% 62 Gender Non-discrimination in Advertising: the Struggle and Victory of Ukraine Ad 7 Ad 6 Ad 5 Ad 4 Ad 3 Ad 2 Ad 1 31,0 54,9 48,5 33,9 39,6 42,9 37,8 69,1 45,0 51,5 66,2 60,5 57,1 62,3 0 20 40 60 80 100 No, this advertising humiliates no one Yes, this advertising humiliates human dignity Does this advertising humiliate human dignity? two samples that were assessed even more tolerant: the first one is using images of children and the second one is based on gender stereotypes. Q8. Would a sexist ad inhance or alleviate your desire to buy a product/service FROM THIS COMPANY(in case when you really need a product/service advertised)? When it comes to consumers’ behavior, majority would refuse purchasing a product/service advertised in a sexist manner; especially consumers aged 18-40. 63 I have no idea Advertising has no influence on me Such advertising would make me refuse to make a purchase Such advertising would alleviate my desire to make a purchase Such advertising would motivate me to make a purchase Such advertising would attract my attention Ad 1 13,2 12,9 27,2 Ad 2 16,2 15,4 26,6 Ad 3 15,3 12,5 24,9 19,6 18,4 18 10,7 10,7 12,3 16,3 12,7 17 Ad 4 15,4 13,8 30,2 17,1 10,8 12,7 Ad 5 17,6 14,5 22,3 Ad 6 16,5 13,4 20,7 18,1 13,7 11 13,6 16,5 22,2 Ad 7 14,9 14,1 35,1 13,4 10,3 12,2 Sexist advertising weakens the desire to buy advertised product/service and distracts potential buyers from the brand. The more aggressive or outspoken an ad is, the less the desire to buy a product/ service from the company. Q9. If you knew who or which organizations/institutions to submit complaints to, would you do so? Onle 1/3 of the respondents are ready to complain over sexist advertising and 10% has already submitted such Якби Ви знали к c у o д m и p , la ч i и nts по at с l к e а as р t ж on и c л e и . сь би Ви на рекламу, яка принижує людську гідність?,% No, but I believe such advertising should not exist 34% Yes, if I knew, I would do so 22% Not sure No, complaint is a means of limitation of artistic freedom Yes, I have complained before 0 20% 14% 10% 5 10 15 20 25 30 35 64 Gender Non-discrimination in Advertising: the Struggle and Victory of Ukraine Questions regarding respondents’ stereotypes and behavioral patterns The study contained several questions to reveale if respondents themselves had gender stereotypes or follow stereotypical patters of behavior as consumers. It turned out that people over 41 y.o. and those with no higher education demonstrated more distinctive stereotypical thinking, when it came to the roles of women and men, and were more tolerant to portraining gender stereotypes in advertising. Their assessment of sexist ads was less negative than the avarage. 17,7 older than 65 17,5 41-65 31,9 37,2 15,9 21,2 13,3 20,7 14,2 10,4 19,3 26-40 47,5 19,3 8,8 5,2 18-25 17,9 0,0 20,0 50,7 40,0 60,0 17,5 9,2 4,7 80,0 100,0 A woman as she knows better what is needed for the household A person, who is better informed about a good/service, regardless of gender A woman and a man have to advise on everything Men, as they have a better developed critical thinking Men, as they earn better In your opinion, who most often takes decisions regarding purchase of goods/services? 65 It does not matter, a man takes a decision by the end of the day It does not matter, a woman takes a decision by the end of the day A man, as he perceives information better 11,2% 10,4% 10,2% A women, as she is more emotional 17,6% Differently on every person depending on individual peculiarities of perception 50,5% 0 10 20 30 40 50 In Your opinion, who is more influenced by advertising? It is interesting to note that mostly those free from gender stereotypes demonstrate consisten behavior in their own lives, while those with gender stereotypes do not follow their own expertations from men and women. Варіанти відповіді A woman as she A person, who is knows better what better informed A woman and a man is needed for about a good/service, have to advise the household regardless of gender on everything Men, as they have a better developed Men, as they earn critical thinking better My partner/husband 3,4 2,9 1,8 1,1 1,0 My parent(s) 2,0 3,7 1,7 1,3 0,5 My partner/wife 3,0 3,4 2,4 1,1 0,7 It is a joint decision of all family members 3,7 21,0 8,2 1,1 1,8 Me, as I live alone Me, as I am a head of the family 2,7 9,4 2,7 4,5 1,0 3,5 4,4 2,1 2,1 2,0 Who takes decisions about expensive purchases in your household?/ In your opinion, who most often takes decisions regarding purchase of goods/services? 66 Gender Non-discrimination in Advertising: the Struggle and Victory of Ukraine Experiment on remembrance of sexist advertising The experiment was conducted to measure the level of memorability of sexist advertising. In order to maintain the purity of the experiment, the respondents were not informed in advance on its real purpose. In the framework of the experiment, participants were shown 13 ads(outdoor ads distributed in Ukraine in recent years) – 7 of which were discriminatory on the basis of sex(according to expertise of the Industrial Gender Committee on Advertising). Discriminatory and non-discriminatory ads were chosen in such a way that they were comparable with regard to goods/services advertised and the level of brand recognition. Discriminatory ads correspond with the abovementioned criteria: » image of a woman as a sexual object(Sample No. 12); » facism(image of a fragment of a woman’s body) (Sample No. 7); » image of a man as a sexual object(Samples No. 8 and No. 13); » image of gender-based violence(Sample No. 11); » gender stereotypes(Samples No. 9 and No. 10). Respondents were asked to look closely at the ads for 7 seconds each without giving any additional information. 67 1 2 3 4 5 6 68 Gender Non-discrimination in Advertising: the Struggle and Victory of Ukraine 7 8 9 10 11 12 13 69 Then, the following questions were asked: » Which of the displayed commercials did you like the most? Why? Describe it giving as much detail as possible(respondents were asked to choose only one ad). » Which of the displayed commercials do you consider the worst? Why? What exactly was advertised? (respondents were asked to choose only one ad). » Name brands you remembered. » Describe stories told by commercials you remembered. Most of participants liked the ad of chocolate:«Concise, simple and tasteful». The least likable was an ad of a leather and fur salon picturing gender-based violence:«Advertising with domestic violence is a terrible phenomenon that should be banned»(male, 59). 79 participants in the experiment(94%) named nondiscriminatory ads as the best. Only 5 of 84 participants in the experiment(6%) liked sexist ads more and only two of them were able to describe the plots/stories or name a good/service advertised. «I did not like ads, which humiliate honor and dignity of women or men, especially those where they demonstrate naked bodies and acts of violence»(woman, 29). 70 Gender Non-discrimination in Advertising: the Struggle and Victory of Ukraine Brand recall 90 84 33 80 70 69 29 60 50 40 39 12 30 20 43 20 31 28 27 28 10 2 0 3 5 0 13 0 10 20 05 43 56 0 71 Plot recall 30 40 50 60 70 80 71 Overall, the participants were able to remember the names of 5 out of 6 brands from gender nondiscriminatory ads. On average, each of the nondiscriminatory ads was mentioned 44 times. As for sexist ads, 3 out of 7 brands were not recalled by anyone. Participants were able to recall brands form gender non-discriminatory advertising 6 times more often than from the discriminatory ones. Plots in sexist commercials are better remembered by the audience because they cause strong negative emotions. However, they are not effective from a marketing point of view, as they do not lead to remembering a brand or recognizing what is being advertised. 72 Gender Non-discrimination in Advertising: the Struggle and Victory of Ukraine Eye-tracker experiment Eye-tracker is a very accurate and easy-to-use technology to study what a person is looking at and for how long. The collected data are visualized and analyzed, which allows evaluating consumers’ perception of advertising. Three pairs of ads were tested: 1. sexist and non-sexist ads of car-wash services; 2. sexist and non-sexist ads of gadget shops; 3. sexist and non-sexist ads of restaurants. Sexist ads Non-sexist ads 73 Eye-tracking experiment methodology Eye-tracking experiment Eye-tracking Test on memorization Assessing emotional envolvement Quick test Detailed test Brands/ logos Texts/ slogans Goods/ services Images Characters 74 Gender Non-discrimination in Advertising: the Struggle and Victory of Ukraine Код ЄДРПОУ: 30303540, м. Київ, 03150, вул. Велика Васильківська 72, тел. 5685919 РЕЗУЛЬТАТИ ДОСЛІДЖЕННЯ ЗА РЕЗУЛЬТАТАМ ТЕСТУВАННЯ ПЕРШОЇ ПАРИ РЕКЛАМНИХ МАТЕРІАЛІВ – ПОСЛУГИ АВТОМИЙКИ – суттєво відрізняються результати поглядів та відповідей чоловіків та жінок стосовно дискримінаційного рекламного матеріалу. Так, чоловіки значно менше уваги звернули на назву послуги, ін M фо A рм J ац O ію R пр R о з E ни S ж U ку L , в T т S ой час як жінки лише мимохіть подивилися на ноги жінки, зображеної в рекламі, а більше уваги приділили саме інформаційному посилу комунікації. Проте, в даній комунікації багато уваги на себе вбирає значна кількість тексту( який ще є й не зрозумілим= необх P ідн a о ir де 1 кілька разів прочитати). При цьому, в другому тестованому матеріалі, значна увага респондентів була приділена зображенню автомобіля, що R т a ак p о i ж d з E а y н e из T ил ra о c р k е e зу r л T ьт e а s ти t s з h ап o а w м’ s ят w ов h ув a а t н a ня p н e а r з s в o и n по s с e л e уг s и w . Т h а e ки n м чином, загалом рівень приділення уваги( поглядів) послузі однаковий, як в дискримінаційній, так і в НЕ дискримінаційній рекла lo мі o . k П i Р n О g Т a Е t , с a е n ред ad чо i л n ов p ік a ів ss бі i л n ь g ш , и w й h рі i в c е h нь is зв t е h рт e ан c н l я os ув e а s ги t н to а н t а h з e ву послуги саме в НЕ дискримін r а e ц a ій lн w ій o р r е l к d ла e м n і. vironment(looking at ads while driving or Heatmap- зображення №1 Heatmap- зображення №2 walking on the streets). В цілому В цілому HEATMAP Heat map desplays colored spots in the image, where«cold» colors indicate minimum visual interest and«warm» colors indicate maximum visual interest. Ч M ол e о n віки Чо M ло e в n іки Women Жінки ТОВ« УКРАЇНСЬКА МАРКЕТИНГОВА ГРУПА» Код ЄДРПОУ: 30303540, м. Київ, 03150, вул. Велика Васильківська 72, тел. 5685919 Women Жінки Зображення №1 Зображення №2 2 75 Аd №3 Аd №4 Text Information about a discount Name of the service Image of a woman RAPID EYE TRACKER TEST Alltogether Men Women Alltogether Men Women a* b* a b 42% 44% 41% Image of a car 37% 39% 35% 20% 22% 19% Image of a sprinkler 23% 25% 22% 20% 14% 24% Name of the service 21% 19% 23% 18% 19% 16% Address 14% 14% 14% Web-site 5% 3% 7% WHAT WAS REMEMBERED Alltogether Men Women Alltogether Men Women a b a b Image of a woman Rapid car wash 50% 56% 44% 18% 16% 20% Poem 20% 12% 28% Phrase 10% «Fat like me» Discount for 8% fitness club 8% 12% 4% 12% Self-service 92% car wash Image of a car 44% Image of a 6% Sprinkler 96% 88% 44% 44% 8% 4% Discount 50% 4%- 8% 76 Gender Non-discrimination in Advertising: the Struggle and Victory of Ukraine Actively negative UMG base norm 4.1 Men EMOTIONAL I Т N ТО V ОВ O В« L У V « УК E КР M РА E АЇН N ЇНС T СЬКЬКААММААРКРКЕЕТТИИННГГООВВААГГРУРУППАА»» КоКдоЄд ДЄРДПРОПУО:У3:0330 Т 0330 О 5 Т 345 В 0 О 4, 0м « В ,. У мК. « К иК У їви РК ,їв А 0, Р 30 Ї 1 А 3 Н 510 Ї 5 С , Н 0в Ь ,у С вл К у. Ь лВ А . К еВл М е А илкиа АМ кВа Р а А В К са Р ис Е л К иьл Т к Е ьів И кс Т івь Н ск И ьа Г к Н 7а О 27 Г , 2 В т О ,ет А ле В . л5 ГА .658 Р 65 Г 8 У 95 Р 1 П 99 У 1 А 9 П» А» Men КодКЄодДРЄПДОРПУ:О3У0:330033504305,4м0.,Кми.ївК,и0їв3,105301,5в0у,лв. уВле.лВиеклаиВкасВиалсьиклівьскьівкась7к2а,7т2е,лт.е5л6.855698159919 Actively Actively Активні positive negative позитивні UMG base norm 48.2 UMG base norm 4.1 UMG base norm 48.2 Passively negative UMG base norm 15.0 Passively positive UMG base norm 32.3 - Evaluated notably higher than average according to UMG norms - Evaluated notably lower Ж th Ж a і n ні a кн v и e к ra и ge according to UMG norms Actively negative UMG base norm 4.1 Ж W іЖн o к m іни e ки n Actively positive UMG base norm 48.2 Passively negative UMG base norm 15.0 Actively negative UMG base norm 4.1 ЖЖінікники Ж W іЖн o кі m ник e и n Passively positive UMG base norm 32.3 Actively positive UMG base norm 48.2 Passively negative UMG base norm 15.0 Passively positive UMG base norm 32.3 Passively negative UMG base norm 15.0 Passively positive UMG base norm 32.3 - Evaluated notably higher than average according to UMG norms Т Т E а v ка al и u к a ми te м d ч n и o ч ta ни b он ly мо lo м, we п, r рп th ир an ип av оп e р r о a і g рв e ін a в c ян co ня rd н in ін g пі to еп U ре M шр G шо no їо rm пї s апраириреркелкалмамнинхихмматаетреіраілаілві, во, чоечвеивдиндон, ощ, що очочлоолвоівкіики поп- оі- нішншомому узазпаапмам’ я’ тяотвоувюуютьтьелеелмеменетнитиввдидсиксркирмимініанцаіцйінйінйійреркелкалмамі, і, і іммаюаютьтьвівдімдмініненевівдід жжінТіоначТокочаигокмогиосчмтисачтнваиолвнмело , немпн , рянпиядрпоидооНпрНоіЕврЕнідвяидннсиянксніркнпиріемипрміешніраношцаїіцопйіїанйпронаиїорїрриерекерклкелалкамалммианм . ииП. нхиПрмхираимтцаеьцртоьеімаорлмуіаі , увлч ,, іочвол, очолоевчвоівиеквідикинидобн , іблощіьл , ошьщшчолоолчляоолялвьлоікнвьиіонк , ои, пноанп віаонів тшііньтошьмпоуопмзоуиззатипзитавипмнва ’ онмяот ’ пяооптвсоуотвюсатутваюьивтлиьеиллсиеяслмяеедмнодетонидтиидвсиксвдркиирдсмиикмісрнкіианрмцаиііцнйміанйінцонаігойцогніойімйнмаійтраетерркеірелакіалалмула, іу, м , піі , рпомрі тоаемтюеатзюьдзтедбьвеібілдівьлмішьдінмшонігонеогноевНіНдЕвіЕд жзіазжнпаоіапнчмаом ’ чгя ’ отягастолтааислтвиналанвезланвзенувняунпдяопосодлсНоулгЕуНигЕ , дищи , дщсоикорсркеиркремликінамлмааінцмуаівуйцавнілайоалнїсаорясїе . ярк. елкалмаим. иП. рПирциьцоьмоум, уч, очлолвоіквиікбиілбьілшьшлоляоляьлньон, о, нанваітвьітьпопзиотзитвинвонопопстоастваивли I и n лсияс t я h до is доди c дс a ик s ср e кирми t інм h аі e нцаійц le ній v онг e о l гом o а f мтае a ртеі t а t рл e іау n л, t у io п, р n портое to тезд t ез h бд e іелбьілш s ь e ош r г v о i г c оН e ЕНЕ запзапма’ мят’ яатлаилнианзваузвпуопслосулгиуг, ищ a , о d щр v ое e рк r ел t к i а s лм e ау d мвуа a вла n лс d яа. с b я. rand is same for discriminatory and ЗАЗАРРЕЕЗУЗУЛЛЬЬТТААТТААММИИТТЕЕССТТУУВВААННННЯЯДДРРУУГГООЇ ЇППААРРИИРРЕЕККЛЛААММННИИХХММААТТЕЕРРІАІАЛЛІВІВ – – якяк жжінікник, и, таткакі ічочлоолвоівкіик, и, піпдідчач n са o сп n еп ре d ерг i е s лгя c лдя r у i д m уд i ид n си a кср t к o ирми ry міні a анц d аіц v йі e нйо r н t їо i ї s ре i р n кел g кал . ма H ми o , и, w звзе e вре v тр e ат r юа , ют d ьт is ьб c ібл r і i ьл m шьше in еу a ву t ав o гаи r г y инана елеел З ме А ме З не АР тн Е ит Р и З « ЕУ с« З е Л с У ке Ь ск Л у Т с Ь ау А ла Т ь Т л А нь А о Т н М го А ог И » М о» х ИТ ахр Е а Т a ар С к Е а d Т тк С v ет У р e Т еу В р r У у t А і В is Н ім А i ме n НН не g Я шн Н ше ЯД d ез Р в e Д з У ев c Р р Г е r У тр e О ат Г a юа ЇО ю s т ПЇ ь e т А ь d П у Р ву А а И вг t Р а h иг ИР и e н ЕР ан КЕ а l б Л e К рб v А ер Л e не МА д l нд НМ / o И / л Н f ол ХИ гоог r ХМ то e ит m АМ пи Т п А / e Е / т m ТР от Е р І о b РА гр e о І г Л в r А о e у І в ЛВ n ум І c м В а – e раяк , р – кукя . ук. жПіПнжоклоіниолк, воиивт , ниаакнтааіркерчсіеопсчлопонолвдніокедвниеікт , ніитвп , і, івдп , піічдпдаідсччаапчссеарпспеегпрлрееяегрдглелуягядлддуяуиддусдикирсдкисикрмсрикіинмрмаиіцнмініаійцаннціайоіцйнїінйороїнеїокрїлеркаермлкеаликма , лмиазми , в , еизрв , зтевзаревютреантрюьунтлубьиліилбуьівшлуаьвегшаугуеувсауасгвмаиамегенинааннаа елемлемнтеинт« исе« кссеукаслуьанльонго» гох» арха e кр s таек p рт e уер c іу ia мі l е l мн y ше a неш m зев o ез n рвте g арют m атюь e т n уьв . аугвиагнианбарбенредн/ дл/ олготгиопти/ пт/ ортогорвгуовмуамркарук. у. ПоПлолвиовнианраесрпеоспноднендтеінвт, івп, ідпідчасчапсерпегрлеягдлуядудидскирскирмиінмаіцніайцнійонї орїекрлеакмлаим, из, везрвнерунлуилиуваугвуагусамсаемнеана 77 7 7 7 7 ТОВ« УКРАЇНСЬКА МАРКЕТИНГОВА ГРУПА» Код ЄДРПОУ: 3030 Т 35 О 40 В , м « . У Ки К їв, Р 0 А 31 Ї 5 Н 0, С ву Ь л. К В А ели М ка А Ва Р с К ил Е ьк Т івс И ьк Н а 7 Г 2 О , т В ел А . 56 Г 8 Р 59 У 19 ПА» Код ЄДРПОУ: 30303540, м. Київ, 03150, вул. Велика Васильківська 72, тел. 5685919 Heatmap- зображення №3 Heatmap- зображення №4 Heatmap Взцоілбормажу I е n нн te я r № m 3 s of emotional enga H g e e a m tm e a n p t В, зц t о h ілб e орма tw жуе o н p ня ro № m 4 otional В цілому materials work differently. A В ці n ло o м n у -discriminatory advertising caused neutral emotions among both men and women, while a discriminatory advertising caused very different emotional response among women and men. Women had strong negative emotions about the sexualized image of a woman, while men liked the picture. Pair 2 Чоловіки Чо M л e о n віки HEATMAP Чоловіки Чо M л e ов n іки W Ж om ін e к n и Жінки W Ж o і m нк e и n Жінки 9 9 78 Gender Non-discrimination in Advertising: the Struggle and Victory of Ukraine Аd №3 Аd №4 Image of a woman Discount Brand Web-site RAPID EYE TRACKER TEST Alltogether Men Women Alltogether Men Women a* b* a b 52% 55% 48% Smartphone 36% 36% 37% 25% 26% 23% 15% 14% 17% 8% 5% 11% Characters 29% 29% 28% Slogan 14% 16% 12% Brand 8% 7% 9% Price 7% 6% 8% Smartphone 6% 5% 7% name Image of a woman Brand A hat Discount WHAT WAS REMEMBERED Alltogether Men Women Alltogether Men Women a b a b 32% 32% 32% Brand 48% 48% 48% 16% 12% 20% 18% 16% 20% 6% 4% 8% Slogan Price Smartphone Characters Camera 8% 8% 8% 8% 8% 8% 24% 12% 36% 10% 16% 4% 2% 4% 79 Actively negative UMG base norm 4.1 EMOTIONAL INVOLVEMENT Me Ч n оловіки Actively positive UMG base norm 48.2 Actively negative UMG base norm 4.1 Men Чоловіки Actively positive UMG base norm 48.2 Passively negative UMG base norm 15.0 Passively positive UMG base norm 32.3 Passively negative UMG base norm 15.0 Passively positive UMG base norm 32.3 - Evaluated notably higher than average according to UMG norms - Evaluated notably lower than average according to UMG norms Жінки ТОВ« УКРАЇНСЬКА МАРКЕТ Ж ИН ін Г к О и ВА ГРУПА» Women Код ЄДРПОУ: 30303540, м. Київ, 03150, вул. Велика Васильківська 72, тел. 5685919 Women Actively negative Actively positive Actively negative Actively positive UMG base norm 4.1 UMG base norm 48.2 UMG base norm 4.1 UMG base norm 48.2 Passively negative UMG base norm 15.0 Passively positive UMG base norm 32.3 Passively negative UMG base norm 15.0 Passively positive UMG base norm 32.3 - Evaluated notably higher than average according to UMG norms - Evaluated notably lower than average according to UMG norms Таким чином, при порівнянні другої пари рекламних матеріалів, жінки та чоловіки здебільшого запам’ ятовують схожі елементи( образ жінки) в дискримінаційні рекламі, не дивлячись на це, жінка більш спроможна відволіктись на важливу інформацію( назва торговою марки). Проте, T « с h е e ксу re ал s ь u н lt и s й o п f ідт te ек s с t т in » g фо th р e му s є e р c із o н n е d сп p р a и i й r н o ят f т a я d у ve ч r о t л is о i в n ік g ів і жінок: всі вказують на нег m ат a и t в e , r п ia ро ls те s ч h о o л w ов s ік im и с il п a р r и r й e м s а u ю lt т s ь l ц ik е e й i н n ег t а h т e ив fir я s к t о c р a и s г e ін . а N л o ьн n і сть, жінок це навпаки – турбує. discriminatory advertising leads to higher attention to both a brand and a slogan, which was mentioned by За результатами тестування третьої пари рекламних матеріалів – в дискримінаційному матеріалі саме на елементи« 4 с 8 ек % суа o л f ьн r о e г s о p » o х n ар d а e к n те t р s у, ( р e е q с u по a н ll д y ен w ти o з m ве e р n таю a т n ь d на m йб e іл n ь ) ш . е W у h ва e г n и, як при перегляді мимохідь, так і при тривалому перегляді. Так, третина респондентів дивилися на зображення жінок, при цьому на бренд звернули увагу лише до 5% респондентів. Слід зазначити, 80 Gender Non-discrimination in Advertising: що чоловікам більш властиво звертати увагу на жіночий образ в рекламі. В сво t ю he ч S ер tr г u у g , g п l р e и an п d ер V ег ic л t я o д r і y Н o Е f U д k и r с a к i р n и e мінаційного рекламного матеріалу, основна увага « очей» респондентів звернена на опис послуги, зображення їжі, слоган, проте цього достатньо, щоб мимохідь респонденти запам’ ятали назву торгової марки, що рекламується. watching a discriminatory ad respondents’ attention was being mostly attracted to sexualized image and less to the brand – only 15% of respondents managed to remember the logo. In addition, some believed that hair removal service was being advertised(mistakenly). ТОВ« УКРАЇНСЬКА МАРКЕТИНГОВА ГРУПА» ТОВ« УКРАЇНСЬКА МАРКЕТИНГОВА ГРУПА» Код ЄДРПОУ: 30303540, м. Київ, 03150, вул. Велика Васильківська 72, тел. 5685919 Men demonstrated mostly passive-negative emotions Код ЄДРПОУ: 30303540, м. Київ, 03150, вул. Велика Васильківська 72, тел. 5685919 Heatmap- зображе ( н « н o я rd № in 5 ary»,«boring»,«slu H g ea g tm is a h p » ) з t о o бр n а o ж n ен -d ня is № cr 6 iminatory Heatmap- зображе a н d н v я e № rt 5 ising; women fo He c a u t s m e a d p- зо o б n раже p н a н s я s № iv 6 e-positive В цілому В цілому В цілому emotions(«calm»,«pleasant»). В In ціл t о u м r у n, discriminatory advertising caused some active-negative emotions among both women and men. Almost a third of women indicated that sexist advertising is«unpleasant» and «vulgar». Pair 3 Чоловіки Чо M ло e в n іки HEATMAP Чоловіки Чоло M в e ік n и W Ж o і m нк e и n Жінки Ж W ін o к m и en Жінки Зображення №5 Зображення №5 81 Зображення №6 Зображення №6 Аd №5 Аd №6 Text Women Product name Brand Hot-dog RAPID EYE TRACKER TEST Alltogether Men Women Alltogether Men Women a* b* a b 33% 26% 38% 30% 38% 24% Food 31% Description of 29% service 32% 29% 25% 32% 26% 24% 28% Slogan 21% 22% 19% 7% 8% 6% 4% 4% 5% Telephone number Brand Address 11% 5% 16% 6% 10% 3% 3% 5% 1% OWK Hot-dog Women Slogan Hot-dog advertised WHAT WAS REMEMBERED Alltogether Men Women Alltogether Men Women a b a b 10% 5% 15% Name of the restaurant 34% 36% 32% 58% 64% 52% Food 20% 16% 24% 42% 52% 32% Text 10% 4% 16% 20% 16% 24% Slogan 4% 8% 10% 8% 12% Café advertised 80 meters away 2%- 4% 2%- 4% 82 Gender Non-discrimination in Advertising: the Struggle and Victory of Ukraine Actively negative UMG base norm 4.1 Чол M ов e і n ки EMOTIONAL INVOLVEMENT Actively positive UMG base norm 48.2 Actively negative UMG base norm 4.1 Чоло M ві e к n и Actively positive UMG base norm 48.2 Passively negative UMG base norm 15.0 Passively positive UMG base norm 32.3 Passively negative Passively positive UMG base norm UMG base norm ТОВ 15 « . У 0 КРАЇНСЬКА МАРКЕТИНГОВА 3 Г 2. Р 3 УПА» - Evaluated notably higher than average accordi К n о g д to Є U Д M Р G ПО no У r : m 3 s 0303540, м. Київ, 03150, вул. Велика Васильківська 72, тел. 5685919 - Evaluated notably lower than average according to UMG norms Actively negative UMG base norm 4.1 Women Жінки Actively positive UMG base norm 48.2 Actively negative UMG base norm 4.1 Women Жінки Actively positive 19 UMG base norm 48.2 Passively negative UMG base norm 15.0 Passively positive UMG base norm 32.3 Passively negative UMG base norm 15.0 Passively positive UMG base norm 32.3 - Evaluated notably higher than average according to UMG norms - Evaluated notably lower than average according to UMG norms Таким чином, при порівнянні третьої пари рекламних матеріалів, жінки та чоловіки здебільшого запам’ятовують схожі елементи в дискримінаційні рекламі, не дивлячись на це, жінка більш спроможна відволіктись на важливу інформацію(назва торговою марки) та звертає більше уваги і краще запам’ятовує важливу додаткову інформацію. Проте, чоловіки є перебірливими у«сексуальному підтексті», реагуючи негативно на«відштовхуючі» зображення, на кшталт тестованої реклами кафе. ЗАГАЛЬНИЙ ВИСНОВОК: За результатами тестування трьох пар рекламних матеріалів( дискримінаційна vs. НЕ дискримінаційна) можна зробити наступні висновки: • При перегляді рекламних матеріалі мимохідь, респонденти звертають увагу на великі елементи. В дискримінаційних матеріалах такими елементами виступають жіноче тіло ті інші частини із« сексуальним» підтекстом. При цьому на логотип, назву торгової марки 83 звертають увагу не значна частина респондентів. • НЕ дискримінаційність рекламного матеріалу впливає на запам’ ятовування торгової марки/ продукту. ТАК, в дискримінаційних рекламах рівень згадування безпосередньо продукту/ торгової марки ЗНАЧНО нижчий, аніж в НЕ дискримінаційній рекламі. The testing of the third pair of advertising proved previous conclusions. The brand was remembered by only 5% of respondents after whatching discriminatory advertising. In turn, when looking at a non-discriminatory advertising, the main focus was drawn to the description of the service, image of food, slogan. Regarding the emotional involvement of respondents, both women and men reacted negatively to a discriminatory advertising. Conclusions based on the experiment results: 1 Non-discriminatory approach to creating advertising increases memorability of a brand/ product/ service 3 times on average. 2 When looking at advertising breafly, respondents pay attention to big elements. In gender discriminatory materials, these are women’s bodies and other elements with sexual connotation. This leaves almost no time for looking at a logo and brand name. 3 Men pay more attention to the elements with sexual connotation(which they mention in the first place). This significantly reduces the memorability of brands. In addition, men may feel annoyed and repulsive, if they consider erotic element being of a low-quality. 4 Women also pay attention to such elements, but they have time to look at other information, including logo/ brand name. In general, women better/ faster memorize additional information(information about a product/servise, its benefits etc.). 84 Gender Non-discrimination in Advertising: the Struggle and Victory of Ukraine 5 Non-discriminatory advertising evokes more active and positive emotions in women(which favors memorization) than in men who mostly have neutral emotions. 6 Discriminatory advertising mostly evokes negative emotions(both active and passive). At the same time, men(unlike women) also may have active and positive emotions(which does not affect the memorization of the brand/ product). 85 CONCLUSION Given massive impact of advertising messages, the issue of sexism is on the agenda of supranational organizations and national governments, as well NGOs and professional associations. Thus, every country that stands for gender equality and non-discrimination is looking for its own mechanisms of advertising market self-regulation and state regulation to prevent potential social, economic and physical harm to people in real life. Ukraine recognized the importance of the issue back in 2011, when professional associations and gender equiality NGOs were brought together by the Ukrainian Marketing Association and the Friedrich Ebert Foundation Office in Ukraine to discuss the ways of turning extremely sexist advertising environment into сivilazed one. That was the first successful initiative of establishing a dialogue with advertising professionals on gender equality related issue, which were and sometimes are still considered minor and ridiculed at. Thus, the Standard of Gender Non-Discriminatory Advertising was developed and adopted by most prominent professional associations, which resulted into the establishment of market self-regulation mechanism. However, as the concept of sexist advertising was considered vague, on the one hand, and many small regional advertising agencies were not association members, on the other hand, a special watchdog organization(the Industrial Gender Committee on Advertising) had to be created to monitor the implementation of the Standard and rising awareness of stakeholders on positive change. 86 Gender Non-discrimination in Advertising: the Struggle and Victory of Ukraine The next ten years were devoted to awareness rising campaign among a very wide range of stakeholders – from advertisers, advertising agencies and professional associations to teachers of marketing, students, lawyers, judges, state institutions and decision-makers of all levels. However, it became clear that more precise state regulation was necessary to achive sustainable results of progressive efforts. It took two attempts to convince Ukrainian MPs to vote for changes to the Law of Ukraine«On Advertising», which came into force in the beginning of January 2022. It should be specifically underlined that all forms of discrimination were forbidden by the law since its adoption in 1996, but the ban on gender discrimination was the only one massively ignored by advertising market agents. That is why precise terminology based on gender discrimination criteria was considered a tool to turn the tide. Only time will tell, if that is enough to make a real change. As for now, the state regulation mechanism has also been reloaded. For things to run smooth, you got to grease the tracks. Systemic training and consultations provided by the IGCA and the FES-Ukraine to the State Service for Food Safety and Consumer Protection of Ukraine brought life to the dead norm of fining advertising for distributing sexist ads. The Service is the only executive body responsible for monitoring compliance of advertising and marketing practices to the norms of the law. The dialogue of the SSU with judges is an essential part of its proper functioning. The first court case against an advertiser distributing sexist content took place in 2017. This type of administrative case is quite new for 87 the Ukrainian judiciary, therefore, it requires professional reflection. Yet, already in 2019, administrative courts of different regions of Ukraine reviewed 125 cases of a kind. The total amount of fines that year reached UAH 2,839,810. Advertising is evolving under the influence of global trends – from acceptance of erotization and gender stereotyping to respect to human dignity and inclusion. The most profitable and effective advertising campaigns of the last decade appeal to relevant socially important topics, empowerment and diversity. Thus advertising is evolving under the influence of social change, at the same time contributing to such change. This phenomenon has been studied for decades and found that sex rarely sells as expected and gender stereotypes are not considered to be funny. Even a regional or cultural card does not play, as different nations react more or less the same to distribution of sexist ads. In general, non-discriminatory advertising does not evoke positive emotions, prevents clear understanding of what is being advertised and decreases memorability of a brand. Experiments and studies show that ultimately non-discriminatory advertising pays off much better. 88 Gender Non-discrimination in Advertising: the Struggle and Victory of Ukraine APPENDICES Appendix 1. About the Ukrainian Marketing Association(UMA) Ukrainian Marketing Association is a national professional membership organization established as an NGO and representing more than 1000 marketers and 120 marketing organizations from all around Ukraine. UMA Aim: » to advance Ukrainian marketing industry and promote its role in domestic economy; » to promote best practices of self-regulation at Ukrainian ad market; 89 » to provide platform for the dialogue of ad market actors and authorities; » to offer educational and capacity building programs; » to conduct research and monitoring; » to introduce professional certification programs. 90 Gender Non-discrimination in Advertising: the Struggle and Victory of Ukraine Appendix 2. STANDARD OF GENDER NONDISCRIMINATORY ADVERTISING JU 21708654-002-2011 State Enterprise«Ukrainian Research and Training Center for Standardization, Certification and Quality» Registered on 30.07.2012 No. 3259575212249 Edition is official KIEV 2011 91 PREFACE COMPILED by: All-Ukrainian NGO“Ukrainian Marketing Association”(UMA), UMA Center for Gender and Legal Education in cooperation and with advisory support of the All-Ukrainian Advertising Coalition, Association of Outdoor Advertising, Ukrainian Association of Direct Marketing, International Association of Marketing Initiatives, Association of Advertisers of Ukraine, NGO “Institute of Liberal Society”, NGO“School of Equal Opportunities”, NGO“Ukrainian Women’s Fund”, NGO “Women’s Consortium of Ukraine”. AUTHORS: I. Lylyk, L. Magdyuk, M. Lazebnik, O. Pogorelov, E. Romat, A. Kyselyova, L. Kolos, A. Zaitseva, N. Tochilenkova, S. Garaschenko, Ursula Koch-Laugvits, O. Davlikanova, M. Koryukalov, M. Lylyk, R. Palamarchuk, V. Kalashnik, V. Yashchenko, O. Suslov, O. Kovtun. ADOPTED AND ENACTED: 09.09.09 All-Ukrainian NGO “Ukrainian Marketing Association”, Order# 1 as of September 30, 2011 REISSUED: August 2014, amended in accordance with the Order# 2 as of April 28, 2014, and August 2018, in accordance with the Order# 3 as of May 15, 2018 This Standard belongs to the Ukrainian Marketing Association. Reproducing and distributing it, in whole or in part, by any media without official permission is prohibited. As of property rights, please, contact the Ukrainian Marketing Association. 92 Gender Non-discrimination in Advertising: the Struggle and Victory of Ukraine CONTENT Introduction 1. Areas of application 2. References to laws 3. Terms and definitions 4. Abbreviations 5. Gender non-discriminatory advertising 6. Responsibilities of marketing and advertising professional community APPENDIX A Guidelines on Testing Advertising and Marketing Activities APPENDIX B Group of experts, consultants and partners involved in the development of the Standard of Gender Non-Discriminatory Advertising(Ukraine) Appendix C Self-regulation Mechanism and the Industrial Gender Committee on Advertising Appendix D Bibliography 93 INTRODUCTION STANDARD OF GENDER NON-DISCRIMINATORY ADVERTISING Adopted at the Forum of Professional Associations on September 30th, 2011, Kyiv The Standard of Gender Non-Discriminatory Advertising establishes a mechanism for self-regulation of the advertising market in order to promote social responsibility of the private sector, culture of marketing relations and prevention of discriminatory practices in advertising. The general aim of the Standard is to adhere to the principle of non-discrimination in advertising. The Standard has been developed by experts of the All-Ukrainian NGO“Ukrainian Marketing Association” and UMA Center for Gender and Legal Education in cooperation and with advisory support of the AllUkrainian Advertising Coalition, Association of Outdoor Advertising, Ukrainian Association of Direct Marketing, International Association of Marketing Initiatives, Association of Advertisers of Ukraine, NGO“Institute of Liberal Society”, NGO“School of Equal Opportunities”, NGO“Ukrainian Women’s Fund” and NGO“Women’s Consortium of Ukraine”; in partnership with Friedrich Ebert Foundation Office in Ukraine, which facilitated expert meetings, which resulted in the development of the Standard, and organized international forum in order to discuss and adopt the Standard of Gender Non-Discriminatory Advertising. In addition, EU-UNDP 94 Gender Non-discrimination in Advertising: the Struggle and Victory of Ukraine Program“Equal Rights and Opportunities for Women” provided a training for advertisers on the Standard. The Standard has been amended and re-registered in 2014 and 2018 to take into account best practices of its implementation. The Standard is based on national and international requirements to professional activities of marketers and advertisers. Samples of relevant standards, codes, memorandums, etc. were used, as well as regulatory and practical experience in implementing equal policy rights and opportunities for women and men in Ukraine (a list of materials is provided in the Appendix 5). This Standard applies to all advertising media. The Standard does not contradict current national legislation. It details, specifies and in some cases complements provisions of the Law of Ukraine“On Advertising” and other regulatory acts related to the sphere of advertising. 95 STANDARD FOR ORGANIZATIONS IN UKRAINE Недискримінаційна реклама за ознакою статі. Недискриминационная реклама по признаку пола. Standard of Gender Non-Discriminatory Advertising. . 96 Gender Non-discrimination in Advertising: the Struggle and Victory of Ukraine 1. AREAS OF APPLICATION 1.1. This Standard applies to various types, forms and means of advertising and communication activities, as well as to mass media and PR-practices. 1.2. This Standard is intended for legal entities and individuals, state authorities and other organizations that order, develop, produce, place, test, monitor or evaluate ads. 2. REFERENCES TO LEGISLATION 2.1. Constitution of Ukraine 2.2. Law of Ukraine“On Ensuring Equal Rights and Opportunities for Women and Men” as of September 8, 2005 No. 2866-IV 2.3. Vienna Declaration and Program of Action, adopted at the Vienna World Conference on Human Rights 2.4. Law of Ukraine“On Advertising” 3. TERMS AND DEFINITIONS This Standard uses terms in consistence with terms and definitions set forth by the National Standard Agency 1.1: requirement, international standard, object of standardization, service standard, process standard and standardization. Terms and definitions used in this Standard are listed below: 97 3.1. Gender Equality is equal legal status of women and men and equal opportunities for its implementation, which allows persons of both sexes to take an equal part in all spheres of public life. 3.2. Gender Stereotypes are stable ideas about genderrelated features, qualities, capabilities or behavior. Stereotypes are embodied in gender roles fixed in the system of cultural norms in relation to the set of functions attributed to men and women in society. 3.3. Gender Discrimination means action or inaction, which is based or leads to any distinction, exclusion or benefits for persons based on their sex and is intended to limit or prevent equal recognition, enjoyment or exercise of women and men’s human rights and freedoms. 3.4. Marketing Communications is a term covering advertising and a variety of marketing practices: PR, personalized sales, sales promotion, direct marketing, distribution of information about a product via Internet or other electronic(digital) devices. 3.5. Signatories are organizations and associations that signed the Standard of Gender Non-Discriminatory Advertising 3.6. Advertising is information about a person or a product distributed in any form and by any means aiming at shaping or maintaining awareness or informing consumers about a person or a product. 3.7. Equal rights of women and men mean no genderbased restrictions or privileges. 98 Gender Non-discrimination in Advertising: the Struggle and Victory of Ukraine 3.8. Equal opportunities for women and men are equal conditions for exercising equal rights of women and men. 3.9. Sexism(from Latin sexus – sex/gender, formed by analogy with the word“racism”) means gender-based discrimination, in other words, practices that violate human rights and degrade human dignity; stereotypes regarding superiority of one sex over the other based on a number of characteristics that may lead to social, economic, psychological or physical harm, as well as shaping attitudes towards an individual on the basis of his\her sex. 3.10. Sexist advertising is an ad that humiliates dignity of the people portrayed or consumers of advertising based on their gender; translates stereotypes about intellectual, physical, social or other kinds of advantages of one gender over the other; reproduces stereotypic roles, thus limiting freedom of life choices; uses a person as a sexual object in order to attract attention of consumers; or demonstrates physical abuse of representatives of one sex over the other. 3.11. Sexual abuse and violence are derogatory, offensive, open or hidden aggressive acts of sexual nature exercised by one person or a group against another person or group and expressed verbally (comments, threats, intimidation, jokes) or physically (gestures, touching or other type of physical contact, as well as its imitation, etc.) that are deliberate, single or repetitive, and performed against the will of the targeted person\group. 99 3.12. Social stereotype is a belief determined by culture in a certain period of time, often simplified, that predefines attitude to a social group or individuals as representatives of such groups. 4. SYMBOLS AND ABBREVIATIONS IGCA- Industrial Gender Committee on Advertising AU NGO- All-Ukrainian NGO UMA- Ukrainian Marketing Association IGCA RB- IGCA Regional Branch 5. GENDER NON-DISCRIMINATORY ADVERTISING 5.1 Concept of gender non-discriminatory advertising The concept of gender non-discriminatory advertising is a response to today’s demand for reflection on social change, as well as best practices and recent trends in marketing and advertising based on high professionalism, freedom of creativity, social responsibility, non-discrimination, equal rights and equal opportunities for women and men. Professionalism implies continuous awareness raising with regard to latest trends in marketing and advertising practices, recent studies of international professional associations, developments in self-regulation and legislative changes in this area. 100 Gender Non-discrimination in Advertising: the Struggle and Victory of Ukraine Freedom of creativity and self-expression is a fundamental principle that, however, should not contradict the concepts of social responsibility and legislative norms, including prevention of violation of the rights and freedoms of others when exercising one’s own rights and freedoms. Social responsibility of advertising and marketing experts is determined by the influence of advertising on its consumers and potential economic, social, psychological, physical or emotional harm that may be caused by socially-irresponsible advertising and marketing practices. The principle of non-discrimination ensures equal treatment of people regardless of their nationality, gender, race or ethnicity, religion or beliefs, physical characteristics, age or sexual orientation. The principle of equal rights and opportunities for women and men(gender equality) stands for the achievement of parity between women and men in all spheres of life by means of legislation guaranteeing equal rights and opportunities, as well as the elimination of gender discrimination, including everyday discriminatory practices or hidden discrimination etc. Thus, the concept of gender non-discriminatory advertising is aimed at preventing the possibility of gender discrimination within the planning, implementation and control of the results of professional advertising and marketing activities. 5.2 Key criteria for defining advertising as genderdiscriminatory or non-discriminatory. 101 5.2.1. Advertising should not violate rights or degrade human dignity. 5.2.2. Advertising is considered gender-discriminatory and violates good marketing practices, if it diminishes the importance or mental capacity of any gender (women or men), promotes stereotyped images or roles, or emphasizes the dominance or benefits of one gender over the other. 5.2.3. Advertising is considered gender-discriminatory and violates good marketing practices, if it depicts human body(its parts) or depicts a woman or a man as a decoration or a sexual object, includes hints of sexual intercourse, although there is no direct connection between people’s sexuality and the way of consumption of the advertised product or service, etc. The violation is aggravated, if human sexuality is depicted or described humiliatingly and disdainfully through language, posture, verbal or non-verbal hints, etc. 5.2.4. Advertising is considered gender-discriminatory and violates good marketing practices, if it directly or indirectly equates a woman or a man with goods or things that can also be used to satisfy consumers’ needs, thereby objectifying a person. 5.2.5. Advertising is considered gender-discriminatory and violates good marketing practices, if it depicts aggression or violence by one gender against the other. 5.2.6. Advertising should carefully use patterns and images that affect the formation of an unhealthy lifestyle or may endanger the lives of women and men, especially young people and children(showing models with 102 Gender Non-discrimination in Advertising: the Struggle and Victory of Ukraine anorexia, bulimia); advertising should try to reflect more realistic images, appearance and patterns of behavior of women and men and thereby prevent humiliation. 5.2.7. Advertising should not include statements and visual presentations that may adversely affect or violate norms of social culture and morals generally accepted by the majority of advertising consumers(readers, viewers, buyers, etc.) in respective society. 5.3. Advertising is not considered genderdiscriminatory and does not violate good advertising and marketing practices, if it depicts a nude human body or conditionally dressed persons, while nudity is directly associated with the consumption of the advertised product, services, etc.; conforms to the current legislation, does not degrade human dignity, and does not violate the norms of social culture and morals generally accepted by the majority of consumers (readers, viewers, buyers, etc.) in respective society. 5.4. Advertising targeting children and the use of children images in advertising 5.4.1. It is prohibited to violate children’s freedoms and rights, including the one to personal integrity and dignity. 5.4.2. It is prohibited to promote violence and cruelty, pornography or information that degrades human dignity and may negatively affect children’s well-being by means of advertising. 5.4.3. It is worth paying attention to the placement of materials targeting children in mass media, as well as editorials that are not suitable for child consumption. 103 In such cases, it is necessary to label materials with a clear warning that they are not suitable for children. 5.4.4. Involvement of well-known personalities into advertising of products or services should be performed with necessary caution, as children may get false impressions about social or gender stereotypes based on transmitted personal stereotypes, approvals, ideas, experiences or beliefs, which may, however, fail to meet general positive practices. 5.4.5. Advertising should not impose or promote gender stereotypes or use children as sexual objects; moreover, it should consider the level of children’s critical thinking skills, their psycho-emotional and social vulnerability, as well as potential emotional, psychological or social harm that may be caused by advertising. 6. RESPONSIBILITIES OF MARKETING AND ADVERTISING PROFESSIONAL COMMUNITY: 6.1. Marketers and advertisers ensure self-regulation of their professional activities, social responsibility, minimization of risks for sectorial and social development; they thereby protect the honor and dignity of advertising and marketing professional associations, businesses, consumers, and strengthen trust of society in the advertising industry. The Standard promotes a dialogue on changes in advertising and marketing practices that should respond to the requirements and aspirations of society. 6.2. Human dignity should be respected in marketing communications by not provoking or promoting 104 Gender Non-discrimination in Advertising: the Struggle and Victory of Ukraine discrimination on any of the grounds, including race, nationality, religion, gender, age, disability or sexual orientation. 6.3. Marketers and advertisers have the right to conduct independent pre-testing of advertising and consult independent experts as of gender or any other type of discrimination, in order to prevent misinterpretations of messages and accusations from consumers. 6.4. This Standard applies to various types, forms and means of advertising, including mass media, which affect patterns of human behavior and socio-economic relations; therefore, they must act socially responsible and gender-sensitive. 6.5. Marketers and advertisers are aware that competitiveness, risk minimization, and the efficiency of companies engaged in production or service sector, including advertising, are ensured and strengthened by: » well-established market self-regulation mechanisms and promotion of democratic practices in advertising and marketing activities based on professional ethics, mutual respect and dialogue among stakeholders; » consideration and promotion of universal values and non-discriminatory practices in creative activities; » introduction of modern norms in domestic information space; » social responsibility of advertising and marketing businesses. 6.6. Guided by the Standard, members of marketing and advertising community adhere to the following key principles: 105 » rule of law(compliance with the current legislation); » correctness in statements and creative artistic forms; » reliability of information; » the use of forms and means that do not degrade or discriminate a person in the context of socioeconomic or cultural values; » respect and observance of ethical, humanistic, social and cultural norms and universal human values; » tolerance towards diversity and differences; » inadmissibility of violence or discrimination promotion. 6.7. Marketers and advertisers should be aware of their responsibility for the consequences of exploiting social and gender stereotypes in advertising, including potential economic, social, psychological, physical or emotional harm that people may face in real life. 6.8. With the development of new media, advertisers and marketers should avoid supporting groups in social networks that promote or encourage gender-based or other forms of discrimination. 106 Gender Non-discrimination in Advertising: the Struggle and Victory of Ukraine APPENDIX A(REFERENCE) Guidelines on Testing Advertising and Marketing Activities In order to prevent both development and promotion of discriminatory advertising or marketing activities, it is recommended to check advertisements with regard to the following indicators: 1) Advertising should not diminish the dignity of people depicted. 2) Advertising should not diminish the dignity of its consumers. 3) Advertising should not promote stereotypical ideas about intellectual advantages of one gender over the other. 4) Advertising should not promote stereotypes about physical advantages of one gender over the other. 5) Advertising should not promote stereotypical ideas about status-related advantages of one gender over the other in social fabric. 6) Advertising should not reproduce stereotypical roles or“characteristic features” of women and men limiting freedom of personal life choices. 7) Advertising should not use a person as a sexual object in order to attract attention. 107 8) Advertising should not depict naked body(or parts of body) as an eye-stopper. 9) Advertising should not contain discriminatory pictures or graphic images. 10) Advertising should not contain sexually suggestive discriminatory wordplays, hints or references. 11) Advertising content should not objectify a person. 12) Advertising should not suggest a person being a bonus to an advertised product. 13) Advertising should not show violence of one gender over the other. Additional criteria of gender discriminatory advertising proposed by the Association of Advertising Standards(United Kingdom) in 2018: 14) Advertising should not show a woman solely performing all domestic work, while her husband is resting or other family members are creating a mess in the house. 15) Advertising should not show a person being unable to cope with a task because of gender, for example men’s inability to change diapers; or women’s inability to park a car. 108 Gender Non-discrimination in Advertising: the Struggle and Victory of Ukraine 16) Advertising should not contain the following message: if a person does not meet stereotypical ideals of beauty, he\she cannot succeed in private or social life. 17) Advertising should not emphasize or impose stereotypical characteristics(e.g. boys are courageous while girls are caring); gender-related stereotypical expectations should only be used with extreme caution. 18) Mom-oriented advertising prioritizing an“obligation” to look good and take good care of home over women’s psychological and emotional well-being should be avoided. 19) Advertising should not degrade men’s dignity for performing stereotypically“female” roles or tasks(like caring about a child or parent, housework, demonstrate emotions, etc.). 109 APPENDIX B(REFERENCE) Group of experts, consultants and partners involved in developing the Standard of Gender Non-Discriminatory Advertising(Ukraine) 1 AUNGO„Ukrainian Irina Lylyk, UMA General Marketing Director, national Association” representative of ESOMAR in Ukraine, author and coordinator of Standard development 2 Gender and Legal Larysa Magduk, Head Education Centre, of the UMA GLE Centre, NGO„Ukrainian national expert on gender Marketing policy in Ukraine, author Association” and coordinator of Standard development 3 All-Ukrainian Advertising Coalition Maxim Lazebnik, expert on Standard development 4 Ukrainian Oleksey Pogorelov, expert on Association of Standard development Periodical Press Publishers 110 Gender Non-discrimination in Advertising: the Struggle and Victory of Ukraine 5 Ukrainian Association of Advertisers Yevgen Romat, expert on Standard development 6 NGO„Liberal Oksana Kysiliova, LSI Society Institute” President, expert on Standard development 7 NGO„School of Equal Opportunities” Larysa Kolos, The Chairwoman of the Board, expert on Standard development 8 NGO„Ukrainian Olena Zaytseva, consultant Women’s Fund” on the issues of sexism in advertising 9 AUNGO„Women’s Natalia Tochilenkova, Consortium of consultant on the issue of Ukraine” sexism in advertising 10 Friedrich Ebert Foundation in Ukraine Ursula Koch-Laugwitz, Director of the Friedrich Ebert Foundation Office in Uk raine Olena Davlikanova, Program Coordinator, expert on Standard development Svitlana Garashenko, Program Coordinator 111 11 Program of Mykhailo Korukalov, Program Equal Rights and Coordinator Opportunities for Women implemented with EU-UNDP support 12 Association of Outdoor Advertising Roman Palamarchuk, consultant on the issues of sexism in advertising 13 Ukrainian Valentyn Kalashnyk, Association of consultant on the issues of Direct Marketing sexism in advertising 14 International Association of Marketing Initiatives Vitalina Yashenko, consultant on the issues of sexism in advertising 15 Women Centre Olena Suslova, the for Information Chairwoman of the Board and Consultancy 16 AUNGO„Ukrainian Maria Lylyk, marketing expert Marketing Association” 17 AtlanticGroup Olena Kovtun, Head of Legal Department 112 Gender Non-discrimination in Advertising: the Struggle and Victory of Ukraine APPENDIX С Self-regulation Mechanism and the Industrial Gender Committee on Advertising Professional advertising and marketing associations as well as Ukrainian NGOs promoting human rights and gender equality do likewise believe that recognizing and adhering to the non-discrimination principles in advertising by marketing and advertising professionals should be an important part of self-regulation of the advertising sector. This self-regulation is aiming to increase the effectiveness of advertising and promote non-discriminatory practices in advertising and marketing on the basis of professional ethics, mutual respect and dialogue among stakeholders(producers, consumers, partners, etc.). Adhering to requirements to gender non-discriminatory advertising is an obligation of those professional organizations that have signed the Standard. The Secretariat of the Industrial Gender Committee on Advertising is responsible for coordinating activities to ensure compliance with criteria of gender nondiscriminatory advertising. The IGCA includes experts from associations and organizations that have signed the Standard. The IGCA may establish Regional Branches that have the right to provide expertise and conclusions as of discrimination in advertising, as well as initiate monitoring of sexist 113 advertising. Regional Branches should inform the IGCA Secretariat about their activities and decisions. The IGCA should inform professional associations and organizations, as well as the public, about its activities by means of posting information online and annual reports. Regional Branches should provide information about their activities to the ICCR Secretariat at least once a quarter. In order not to promote the distribution of discriminatory advertising and to strengthen dialog with stakeholders, the full content of appeals may remain undisclosed for public, if necessary. However, information about the matter of complaint, as well as IGCA procedures and decisions should at any time be provided to professional associations and organizations, companies, consumers, NGOs etc. Compliance of advertising with the Standard will be assessed by its content, context, environment, consumers’ perceptions and current anti-discriminatory legislation norms. Advertising may be presented for pre-testing or examination as of discrimination messages, including gender-based discrimination. If pre-testing or expertise proves advertising to be discriminatory, it should be changed, or its distribution should be terminated. The leading professional associations(unions, coalitions) that have signed this Standard are committed to provide necessary support like information, consulting, analytics, educational activities, trainings, and practical assistance to advertisers and marketers in order to clarify the requirements of the Standard of 114 Gender Non-discrimination in Advertising: the Struggle and Victory of Ukraine Gender Non-Discriminatory Advertising, the concepts of gender equality, social responsibility, self-regulation mechanisms and putting f gender non-discrimination concept into marketing and advertising practice. IGCA reviews complaints on gender discriminatory advertising and provides expert assessments of advertising; it may also provide expertise on demand to state authorities, judicial bodies, national associations and national self-regulatory organizations, as well as to other interested parties, regarding the content and form of advertising interpreting this Standard. IGCA may also conduct pre-testing of ads on demand. Procedure for reviewing appeals to ICGA: » A complaint may be filed by any individual residing on the territory of Ukraine, a legal entity registered in Ukraine or a government agency. » The complaint may be filed online on the IGCA website, sent to the official IGCA e-mail address or sent to the actual address of the IGCA Secretariat indicated on the website. » The complaint must specify: full name of the complainant; name of the company distributing advertising the complainant considers to be discriminatory(if known); the product or service being advertised; media, time and place of advertising distribution; a brief explanatory note stating why the complainant considers the advertisement discriminatory; as well as photos, videos, texts or other possible evidence or materials. » The complaint must be filed in the state language. However, filing a complaint in another language is no reason for refusing its consideration. 115 » The IGCA Secretariat collects and registers filed complaints on advertising distributed on the territory of Ukraine. » IGCA offers or initiates testing, expertise and examination of the facts and circumstances with regard to filed complaints by those means that IGCA deems appropriate for each particular case; if necessary, IGCA may turn to additional or in-depth expertise; » The complaint must be reviewed within 10 working days from the date of receipt. If an advertisement is found to be discriminatory, the complainant receives a notice about the decision of the IGCA experts to take further steps to prevent the dissemination of such advertising. The first step is a letter to the advertiser with explanations concerning violation of the Standard and recommendations regarding withdrawal or modification of the ad. » Afterwards, if the ad is not withdrawn or modified, IGCA shall pass its expert opinion to relevant state authorities that have relevant mandate to bring an advertiser to justice. Also, if an advertiser refuses to change the discriminating advertisement, IGCA may publish its decision in the media in order to attract public attention to a particular case of discriminatory advertising and advertiser’s social irresponsibility. Bringing a case to trial is no IGCA competence; however, expert conclusions of the Committee can be used in litigation cases of discriminatory advertising; » If any of the IGCA member(s) has personal interest with regard to any complaint, he/she must inform the Committee and refuse to participate in reviewing of a complaint in order to maintain transparency and impartiality in procedures and prevent conflict of interest. 116 Gender Non-discrimination in Advertising: the Struggle and Victory of Ukraine APPENDIX D BIBLIOGRAPHY 1. The Canadian Code of Advertising Standards (Advertising Standards Canada, ASC); 2. Council Directive 2004/113/EC of 13 December 2004 implementing the principle of equal treatment between men and women in the access to and supply of goods and services(European Council, 2004); 3. Advertising Self-Regulation Charta(European Advertising Standard Alliance, 2004) 4. Mission Statement of the CAC(Cinema Advertising Council) 5. Marketers’ Constitution of ANA(Association of National Advertisers); 6. Consolidated ICC Code of Advertising and Marketing Communication Practice,(International Chamber of Commerce, 2011); 7. Report on how marketing and advertising affect equality between women and men by the European Parliament(Committee on women’s rights and gender equality, rapporteur: Eva-Britt Svensson, 2008); 8. Constitution of Ukraine(2004); 117 9. The Law of Ukraine“On Advertising”(1996); 10. The Law of Ukraine“On Child Welfare”; 11. The Law of Ukraine“On Ensuring Equal Rights and Opportunities for Women and Men”(2014); 12. The Vienna Declaration and Programme of Action (World Conference of Human Rights, 1993). Key words: advertising, marketing, discrimination, gender equality, standard of gender non-discriminatory advertising 118 Gender Non-discrimination in Advertising: the Struggle and Victory of Ukraine Appendix 3. EXAMPLES OF SEXIST ADVERTISING DISSEMINATED IN UKRAINE BY CATEGORIES Category 1 Advertising based on stereotypical re presentation of gender roles Kyiv, 2020(«Give gifts and fry 9 », online shop) 9«Frying» meaning having sex. 119 Kyiv, 2019(«8th of March is not Your day», gadget shop) («Men make the world go round», TV ad, vodka) 120 Gender Non-discrimination in Advertising: the Struggle and Victory of Ukraine Category 2 Advertising humiliating any gender by transmitting messages on superiority of one gender over another on the grounds of intelligence, physical force, social status etc. Mykolaiv, 2021(«You want a doe, work out». Fitness club) («Blond patrol. Even a blond can figure it out», bank poster) 121 Category 3 Advertising exploiting a person as a sexual object and/ or through images or words contains hints on sexual intimacy, which has nothing to do with the product advertised or ways of using it. Dnipro, 2018(Internet). Kyiv, 2019(Lexus) 122 Gender Non-discrimination in Advertising: the Struggle and Victory of Ukraine (Calendar, 2018) (Calendar, 2018) pizzeria) (Online ad, 2021, pizzeria) 123 Category 4 Advertising showing gender-based violence Kyiv, 2020(Dumpling fast food restaurant) Odesa, 2022(Real estate) 124 Gender Non-discrimination in Advertising: the Struggle and Victory of Ukraine Appendix 4. Ads changed by advertisers after the dialogue with the IGCA or/and SSU BEFORE AFTER Advertising of IDEAL internet provider. Slogan:«I gave your neighbor. Free of charge. If you want, I will give you too. Call me!» Advertising of IDEAL internet provider. Slogan:«Open the Internet Universe» 125 BEFORE AFTER 2011, heatinf equipment Kyiv, 2019. Fine paid 10 50 UAH Online ad, coffee shop Ternopil, 2021 р.(«I give 24 times») 126 Gender Non-discrimination in Advertising: the Struggle and Victory of Ukraine BEFORE AFTER Ivano-Frankivsk, 2021. Fine paid 1700 UAH 127 Appendix 5. USEFUL LINKS AND LITERATURE 1. Advertising and Marketing Communication Practice Consolidated ICC Code. URL: www.iccwbo.org/policy/marketing/id8532/ index.html 2. CEDAW. General recommendations adopted by the UN Committee on the Elimination of Discrimination against women No1-37. URL: https://www.ohchr.org/en/hrbodies/cedaw/ pages/recommendations.aspx 3. Council Directive 2004/113/EC of 13 December 2004 Implementing the principal of equal treatment between men and women in the access to and supply of goods and services. URL: http://www.aedh.eu/en/council-directive2004113ec-implementing-the-principle-of-equaltreatment-between-men-and-women-in-theaccess-to-and-supply-of-goods-and-services -13-december-2004/ 4. Cramer M. In a Long History of Sexist Ads and Outrage. It’s the Apology. That’s New/ Maria Cramer. // The New York Times. – 2020. – URL: https://www.nytimes.com/2020/02/01/ business/media/kfc–commercial–sexist.html. 5. Depictions, Perceptions and Harm. A report on gender stereotypes in advertising. // ASA, CAP. – 2017. URL: https://www.asa.org.uk/resource/depictionsperceptions-and-harm.html. 6. EIGE’s Gender Equality Glossary& Thesaurus. Ukrainian Version. URL: http://library.fes.de/pdffiles/bueros/ukraine/17580-20210419.pdf 128 Gender Non-discrimination in Advertising: the Struggle and Victory of Ukraine 7. EIGE’s Gender Equality Glossary& Thesaurus. URL: https://eige.europa.eu/thesaurus/overview 8. Grabe S. The role of the media in body image concerns among women: a meta-analysis of experimental and correlational studies/ S. Grabe, L. M. Ward, J. S. Hyde // Psychological Bulletin, Volume No134. – С. 460 – 476. – 2008. – URL: https://pubmed.ncbi.nlm.nih.gov/18444705/. 9. ICC Advertising and Marketing Communications Code // International Chamber of Commerce (ICC). – 2018. URL: https://iccwbo.org/content/uploads/ sites/3/2018/09/icc-advertising-and-marketingcommunications-code-int.pdf. 10. 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Vienna Declaration and Program of Action Adopted at the World Conference on Human Rights on June 25, 1993 in Vienna. URL: https://zakon.rada.gov.ua/laws/show/995_504 31. WFA launches Guide to Progressive Gender Portrayals in Advertising. URL: https://www.wfanet.org/news-centre/wfalaunches-guide-to-progressive-gender-portrayalsin-advertising 132 Gender Non-discrimination in Advertising: the Struggle and Victory of Ukraine ACKNOWLEDGEMENTS We express our sincere gratitude to all the state institutions, NGOs and experts in the fields of marketing and advertising, as well as gender equality mainstreaming, that have made it possible to establish state and self-regulation mechanisms preventing sexism in advertising in Ukraine. First of all, we would like to thank all the professional associations and gender equality NGOs, which participated in the development and acknowledgment of the Standard of Gender Non-Discriminatory Advertising: Association of Outdoor Advertising, AtlanticGroup, Friedrich Ebert Foundation Office in Ukraine, International Association of Marketing Initiatives, NGO«Liberal Society Institute», NGO«School of Equal Opportunities», NGO«Ukrainian Women’s Fund», NGO«Women’s Consortium of Ukraine, Ukrainian Association of Advertisers, Ukrainian Association of Direct Marketing, Women Centre for Information and Consultancy. We are also grateful to the State Service of Ukraine for Food Safety and Consumer Protection for very close cooperation with the Industrial Gender Committee on Advertising and holding advertisers accountable for violating good marketing practices when it comes to distribution of sexist advertising. The achievements would not have been possible without the All-Ukrainian Association of Women Judges of Ukraine that not only helped to formulate the final amandments to the Law of Ukraine«On Advertising» 133 but also in cooperation with the IGCA and FES-Ukraine conduct awareness rising campaign among judges in cooperation with the National School for Judges of Ukraine. All the MPs who voted for changes of the legislation, as well as lawyers and NGOs who lobbied for such amendments, should be mentioned separately. Special thanks to the teachers of marketing and advertising in Ukrainian Universities who read leactures about sexism and organize special competitions for students to raise awareness on the issue. And also to students who contribute to conducting monitoring of sexist outdoor advertising in Ukrainian cities. Journalists and gender NGOs that attract attention to the harm caused by sexism are our important partners in combating discriminatory practices. It is important to mention advertisers and advertising agencies who express their interest in deeper understanding of the topic and pre-testing of ads. We would also like to thank Ukrainian citizens who not only shared their attitude to sexist advertising, but also submit complaints to prevent gender discrimination. This is only due to such a wide and indeapth cooperation of stakeholders an establishment of both state and selfregulation mechanism has become possible. 134 Gender Non-discrimination in Advertising: the Struggle and Victory of Ukraine AUTHORS Dr. Olena Buchynska, researcher, Head of the Kiev branch of the Industrial Gender Committee on Advertising, teacher of marketing in Kiev National Economic University Dr. Olena Davlikanova, researcher, FES-Ukraine Program Officer coordinating the project since 2011, co-founder of the Industrial Gender Committee on Advertising, coauthor of the Standard of Gender Non-Discriminatory Advertising Dr. Iryna Lylyk, President of the Ukrainian Marketing Association, co-founder and Head of the Industrial Gender Committee on Advertising, teacher of marketing in Kiev National Economic University, co-author of the Standard of Gender Non-Discriminatory Advertising Dr. Iryna Perevozova, researcher, Head of the IvanoFrankivsk branch of the Industrial Gender Committee on Advertising, teacher of marketing in Ivano-Frankivsk Oil and Gas University 135