The House of Commons Women & Equalities Committee has issued a new report following its inquiry into the rights of older people.  It points out that there are 11 million people in England and Wales aged 65 or older. Over half a million people are aged over 90. These proportions are expected to increase over the coming decades. 

The inquiry found evidence of widespread age discrimination in society. It says that ageism is widespread and culturally embedded in the UK. This is in part driven by age-discriminatory language and imagery in the media and advertising. Among other recommendations, the Committee says that the ASA, Ofcom and the Independent Press Standards Organisation must take steps to strengthen their respective regulatory codes to better protect individuals and society from the harms of pervasive ageism.

So, will the CAP and BCAP Codes be amended to cover age?  Both the (B)CAP and Ofcom Codes already refer to the protected characteristics in the Equality Act 2010.  In 2019, the ASA added new rules on gender stereotyping to its codes.  However, after a review, it decided not to include similar rules for racial and ethnic stereotyping. 

The ASA also told the inquiry that the volume of age-related harm and offence casework was comparatively small.  However, in December 2024, the ASA launched a research project to consider how, and the extent to which, "certain depictions of older people in advertising can give rise to serious or widespread offence, or harm, and whether the ASA's current approach in this area offers adequate protection to prevent any such harms." The project is scheduled to report later this year. The report recommends that Ofcom launch a similar review, and that both the ASA and Ofcom commit to introducing specific new rules and guidance to advertisers and broadcasters on avoiding harm and offence arising from ageist language and imagery.

Lewis Silkin has 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 and the wider ramifications of the Committee's report.  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.