American Apparel Ad ‘Banned’ in the UK for Being Too Provocative
American Apparel is under fire once again in the United Kingdom for publishing provocative photos of a model. The country’s Advertising Standards Authority has called to ban a thong shot on American Apparel’s e-commerce website “because it portrayed a sexualized image of a model who the complainant considered looked under 16 years of age.” (You can read the ASA’s ruling here.)
This is certainly not the first time the ASA has called American Apparel out. As noted by Business Insider, the organization banned two American Apparel ads as recently as September 2014, calling them “offensive and irresponsible.”
American Apparel is in the process of cleaning up its image with new ceo Paula Schneider, who replaced controversial founder Dov Charney in January 2015. “It doesn’t have to be overtly sexual,” Schneider told Bloomberg Business in February. However, American Apparel’s UK arm is standing by the thong image. The company told the ASA that the model was 20 years old, and that the “image was consistent with standards contained in similar ads.”
So, what happens next? Probably not much. While the ASA has generated plenty of media attention in several cases—it’s gone after everyone from L’Oreal to Dior, accusing them of exaggerating product efficacy—it doesn’t have the authority to actually enforce any of these bans. Usually, the bans happen after the advertisement has run its course. Other times, the company simply refuses to stop running the image. (As of today, that thong photo is still up on American Apparel’s UK website.)
The ASA, however, does raise awareness about controversial advertising in the UK. Other countries with ASAs include Ireland, Australia, New Zealand and South Africa, all places that at one point or another have been governed by the United Kingdom.
So, why doesn’t the US have its own ASA? The quick answer: Because we have the constitution. “The way speech is examined and reviewed is different in every country,” explains Linda Bean, a spokesperson for the Advertising Self-Regulatory Council, a U.S. organization that is funded by the advertising industry. “The basis of [U.S.] laws surrounding commercial speech are grounded in the principles of free speech.”
Commercial speech—aka advertising—is entitled to certain protections under the the First Amendment. Commercial speech must be truthful and accurate, but there is less of a focus in the US on things like decency, societal norms, and taste. The work of the Advertising Self-Regulatory Council focuses more on making sure advertisers aren’t flat-out lying to you, instead of looking at whether or not their message is tacky or offensive.
To be sure, it sounds like American Apparel’s thong shots are here to stay.
More from Yahoo Style:
Why Dov Charney Should Have Been Fired Years Ago
Blackface, Indian Headdresses, and Now “The Untouchables”: Why is Fashion So Culturally Tone-Deaf?
