If I ask you to think of an "older person" what do you think of? Someone running like the photo on this post? Your own parent or elderly friend? Or a more stereotypical image of someone in a care home or using a mobility scooter? Are we all guilty of creating stereotypes? And can this find its way into advertising?
The ASA has recently launched a project considering to what extent, and how, certain depictions of older people in advertising can give rise to serious or widespread offence or harm.
It is also considering if the ASA's current approach in this area offers adequate protection to prevent any such harms.
Currently, the UK Advertising Codes contain rules which require advertisers to prepare ads with a sense of responsibility, and which prohibit ads from causing serious or widespread offence. This means that particular care must be taken to avoid causing offence on the grounds of protected characteristics, one of which is age.
In its current five-year strategy, the ASA made a commitment to prioritise protecting vulnerable people and to identify and develop its understanding of vulnerable groups.
The UK's population is aging, with a 47% increase in the number of people aged 50 and over in the last 40 years. The number of people aged 65 and over has increased by over 3.5 million. In a recent survey, people said that they have been patronised or experienced rudeness because of their age, and age discrimination in the workplace is a known problem.
The ASA has commissioned research about public opinion of the portrayal of older people in ads, and how such portrayals may affect public attitudes and actions. The research will also consider the extent to which older people feel targeted by certain types of ads, and the consequences of this. The ASA will publish the outcome in 2025 and it will provide evidence on which to consider any necessary next steps. The research findings will also act as a useful measure against which to analyse some of the ASA's previous, relevant decisions. The ASA is also working with three national age-related charities to seek their views on how older people are depicted in advertising.
The ASA has issued rulings in the past about advertising likely to cause offence on the grounds of age. One example was a billboard poster which implied that a relationship between an older woman and younger man, who were also of different races, was unusual or socially unacceptable. The ASA determined that the ad was likely to cause serious or widespread offence on the grounds of both age and race. This is also an example of how age can intersect with other protected characteristics to intensify discrimination.
The ASA's project is of particular interest to us at Lewis Silkin, as we have an age strand as part of our DE&I activities - we don't just look at the experiences of older people but the challenges that people may face, both in and out of the workplace, at all stages of life. We look forward to seeing the outcome of the ASA's project. In the meantime, please get in touch with the team if you need help with your advertising clearance, or you would like to talk to us about our DE&I activities.
