Hilary Souter is the chief executive of the Advertising Standards Authority (ASA), an industry regulator supporting responsible advertising. Having been in the position since 2005, Souter oversees code development, the complaints process, and industry education. She provides industry support on code compliance and is a regular guest lecturer on advertising standards.
Regarding menstrual products, Souter said that the ASA frequently received complaints about menstrual care advertisements. When considering these, the Complaints Board's role is to ensure the advertising reflects community standards. In a 2021 decision regarding Libra's Period Proof Undies, the Board noted how periods had been portrayed had changed, with the use of blue dye becoming a thing of the past. In the advertisement, real menstrual blood was used.
The Board acknowledged that the advertisement may have been distasteful to some people. Still, it decided it did not reach the threshold to cause serious or widespread offence in light of generally prevailing community standards.
Souter continued, referencing a Board decision on an AWWA period underwear advertisement, which noted that where menstruation had previously been treated as a private matter with limited portrayals of lived experience, there had been a greater openness about menstruation and how companies promoted period products.
In the case of the AWWA period underwear decision, the Board noted that the advertisement did go further than precedent examples when showing the experience of menstruation. However, the Board acknowledged the targeting of the advertisement. It ruled it had been prepared and placed with a due sense of social responsibility as the imagery and wording were suitable for the restricted audience.
"The Advertising Standards Code applies to advertisements in all media, and Principle 1 of the Code states that advertisements must be prepared and placed with a due sense of social responsibility to consumers and society," said Souter.
Hilary Souter
Menstrual care product advertisements are assessed against this Principle and, in particular, are often considered given Rule 1(c), Decency and Offensiveness, which states that advertisements must not contain anything indecent, exploitative, or degrading, or likely to cause harm, or severe or widespread offence, or give rise to hostility, contempt, abuse or ridicule.
When considering a complaint about an advertisement, the Complaints Board considers several factors, including the generally prevailing community standards (which shift over time), previous precedent decisions, the likely consumer takeout of the ad, and the context, medium, and audience, along with the product or service being offered.
If an advertisement is found to be in breach of the Code, the ASA will contact the advertiser and media platforms to request the removal of the advertisement.
Souter stated that one of the benefits of industry regulation is the principle and rule approach of the Advertising Codes.
"This provides flexibility and allows the application of the Codes despite changing standards. The changes we have seen in society with more open discussions about menstruation have also been reflected in the advertising for related products."
Souter added that at the ASA, there had been a shift towards more proactive regulation focusing on industry education to support compliance with the Advertising Codes. This includes a range of resources people can access via the ASA’s website, www.asa.co.nz, under the industry guidance menu.
"Supporting the awareness and understanding of rules around socially responsible advertising will ensure the important messaging around menstrual products can reach the intended audience."
