In more detail

On 5 February 2023, an online fashion retailer published an advertisement featuring an image of a model wearing a longline biker jacket over a black high-cut bodysuit. The jacket was draped off her left shoulder and her legs were fully exposed. 
A complainant believed that the model appeared unhealthily thin and challenged whether the advertisement was irresponsible.

The ASA considered that due to the model’s pose, both of her legs were shown in a manner that made the model appear unhealthily thin. Therefore, the ASA held that the advertisement was irresponsible and in breach of its advertising code for not being prepared with a sense of responsibility to consumers and to society. 

Application to Singapore

The Singapore advertising watchdog, the Advertising Standards of Singapore (ASAS), has similarly provided in its advertising code, the Singapore Code of Advertising Practices (SCAP), that all advertisements should be prepared with a sense of responsibility to consumers and to society. 

As the language of the provisions in the SCAP is largely similar to that of the ASA’s advertising code, it remains to be seen if an advertisement featuring models that appear unhealthily thin may similarly be held as being irresponsible in Singapore, and in breach of the SCAP. 

While the SCAP does not have force of law in Singapore as it is an industry code, the ASAS regulates the entire advertising industry, and advertisers may have ethical obligations to comply with the SCAP especially from a commercial and public relations perspective. 

Complaints may be made to the ASAS regarding breaches of the SCAP. Sanctions include the withholding of advertising space or time from advertisers; adverse publicity arising from the ASAS publishing details of the outcome of its investigations; and the ASAS may also refer the matter to the Consumers Association of Singapore for recalcitrant advertisers that repeatedly ignore the SCAP. 

Key takeaways

Brands seeking to publish advertisements should carefully consider whether their advertisements comply with all applicable laws and industry codes. 

Given the nature of the borderless internet, digital advertisements may be accessed in multiple jurisdictions at the same time, thereby increasing brands’ exposure to potential liability in multiple jurisdictions. 

Further, brands should be mindful that there may be competitors that would raise complaints to the regulators and/or advertising watchdogs if an advertisement is in breach of applicable laws or industry codes.

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