VALENTINE’S DAY IN THE SPOTLIGHT AT THE ADVERTISING REGULATORY BOARD

On the 20 June 2024, the Advertising Appeals Committee (AAC) of the Advertising Regulatory Board (ARB) was convened to consider an appeal against the ARB’s Directorate dismissal of a consumer complaint against Netflorist.co.za. Netflorist serves as an online gift and florist store and the advert in question was made for television and online platforms.

“Babe, I made you coffee!” is usually a happy sound but not if your partner spits three times into the coffee she lovingly made for you because you forgot Valentine’s Day! That is the essence of the advert, and the complainant filed their complaint on the grounds that the advert is offensive; unacceptable on the grounds of racial discrimination and gender and the Directorate of the ARB, in considering the complaint initially, dismissed it on all grounds. In response to the complaint, Netflorist removed the advert from all paid advertising and stopped promoting it, but it remained on YouTube. The appeal was subsequently filed.

In considering the question of the offence of spitting, the AAC found that what is offensive to some, may not be to others, and that the advert did not intend to cause offence. While it was uncomfortable to watch, it is in essence, a spoof. The use of unpleasant and impolite behaviour in advertising does not render it in contravention of the Code. Even if spitting in public may not be regarded as polite or acceptable behaviour, no actual spit is visible in the advert.

On the grounds that the advert is discriminatory as the woman in the advert is black, the AAC considered if the depiction of a black, female protagonist is discriminatory and if so, whether or not that discrimination is reasonable and justifiable in South Africa’s open and democratic society. The AAC stated unequivocally, that there was nothing to suggest that the main character’s race was relevant to the message conveyed in the advert. Netflorist also ran a second, similar themed advert showing a white woman cleaning the toilet with her partner’s toothbrush. In short, race was not relevant to the message conveyed.

The appeal based on gender stereotyping also failed for several reasons. First, the AAC considered if the advert displayed women as vindictive or demanding, or if it actually portrayed women as being forces to be reckoned with, and as strong, independent individuals who want relationships in which they are valued and important. This was the favoured view. Second, even if the advert suggests that only women care about Valentine’s Day, this is a societal issue and does not impact on the question as to whether or not the advert itself is discriminatory.

The role of advertising is to reflect society, warts and all, rather than depicting a perfect society, and if more women than men receive gifts and flowers on Valentine’s Day, this is as a result of how advertisers choose to market their products. In conclusion, the AAC ruled that this does not amount to gender stereotyping, discrimination or negative portrayals of gender roles. Rather, the women in the Netflorist adverts are not portrayed as “wallflowers waiting for a man’s attention but rather as active participants in their relationships”.

Source: Robert Adams / Netflorist.co.za – Advertising Appeals Committee ruling