The UK Code of Broadcast Advertising (“BCAP”) and Committee of Advertising Practice (“CAP”) has published its final statement following their review into “advertising which gives rise to potential harms relating to body image concerns”.

CAP and BCAP published an interim statement in 2022 (which can be read here), having launched an open call for evidence in the previous year. In it, they set out three policy areas that required further enquiry:

1. Digitally altered images in advertising and labelling;
2. The depiction of muscularity in advertising; and
3. The depiction of women from minority ethnic backgrounds and the potential for creating ‘new and unattainable body image ideals’.

CAP and BCAP have now considered these matters and published a final statement, concluding that that there is currently not a case “to justify new regulatory interventions in relation to the above three areas, on the basis that the evidence base examining the specific impact caused by advertising in contributing to potential harms related to those areas appears to still be developing”.

The statement considers each area in detail. In the case of digitally altered images in advertising, BCAP and CAP reiterate their position that “there is not a persuasive case to introduce a levelling requirement for digitally altered images in advertising”, pointing not only to doubts about its effectiveness, but also the lack of evidence that the use of digitally altered images in particular has an impact on body image, rather than other factors such as editorial content. They also point to the “unintended consequences and disproportionate effects” that could flow from regulatory intervention in this area. Nonetheless, they are clear that action has and will be taken if certain cases demand it, pointing to a number of examples of existing rules being invoked where digitally altered images have been “misleading or irresponsible”.

Turning to depictions of muscularity, BCAP and CAP again state that there is not currently a persuasive case to support additional regulatory interventions and that, for example, the existing rules on social responsibility and gender stereotyping are sufficient to address any concerns in this area.

The same conclusion was reached when it came to addressing concerns about the depictions of women from minority ethnic backgrounds and the risk of creating new and unattainable body ideals. BCAP and CAP found that the evidence base in this area was “still emerging” and that there was little research that examined the specific impact of advertising in giving rise to body image concerns, as opposed to other forms of media. Again, the report states that “existing protections in the Code, such as the social responsibility rule and the gender stereotype rule and guidance, allow the ASA to continue to take action against potentially irresponsible and harmful depictions shown in ads”.

The Statement also addresses calls from some stakeholders for there to be greater diversity in body types or proportions shown in advertisements “as a means to improve the visual diet of body types seen by consumers”. It makes clear that, unless the content is irresponsible or likely to mislead, the UK Advertising Codes cannot “impose requirements or quotas to include a range of body types in the content of advertisements”, nor prevent them from featuring “glamorous, attractive, successful, aspirational or healthy people or lifestyles” as this has the potential to infringe upon freedom of commercial expression.

In its concluding remarks, the Statement confirms that the Advertising Standards Authority will take action “under a number of existing protections offered in the Codes and guidance” where appropriate to address the concerns raised in the Statement. It also adds that CAP and BCAP “commit to engage with members of the advertising industry by sharing their findings and insights from this Review, with the view to inform any wider considerations and initiatives of industry intended to address such potential body image related harms”.

The Statement can be read in full here.