ARB rules Valentine's Day 'sperm' ad does not promote gender-based violence

An Instagram advertisement promoting Valentine’s Day earlier this month, depicting a cartoon man scratching near his groin, showing his animated sperm singing about being set free in an acapella style, does not encourage gender-based violence, the Advertising Regulatory Board (ARB) found.

In dismissing several complaints about the advertisement, the ARB’s Directorate (the body which presides over complaints) held that hoping to have sex is not the same as promoting violence.

In ruling that the advertisement did not violate the ARB’s Code of Conduct, the Directorate found that the animated metaphor also did not exploit or demean any gender.

The caption on the advertisement reads: “A boring Valentine’s? Not on our watch! Find spoils that make the hearts skip.” At the end, the voice-over states: “Set them free from love jail this Valentine’s Day, with gifts from NetFlorist".

There were various separate complaints lodged in this matter and in essence, the complainants submitted that, in the context of South Africa’s high gender-based violence rates, this advertisement is inappropriate and offensive. According to the complaints, it sexualises Valentine’s Day and arguably implies that sex is a given, or that women are obligated to have sex if men buy them flowers on Valentine’s Day.

The advertiser submitted that the advertisement uses a clearly fictional, exaggerated animated metaphor, with cartoon-style characters and an unrealistic setting. It argued that the advertisement has been well-received, with hundreds of comments expressing positive sentiment and support. The advertiser submitted that it was not clear on which basis the complainants interpreted the advertisement to encourage or reference gender-based violence.

The Directorate acknowledged that the pervasive and destructive nature of gender-based violence in society is of public concern and is a matter to be taken seriously. It further acknowledged that any advertising that appeared to encourage or condone gender-based violence would likely be in breach of the relevant provisions of the Code.

However, it is not convinced that this advertisement depicts, encourages or condones gender-based violence. “There is a not-so-subtle suggestion that the cartoon man in the advertisement hopes to have sex. His initial grunting action is followed by a scratch to his groin area, after which his sperm is shown ‘preparing’ for their big night out, and celebrating the fact that they are about to be set free".

The voice-over in the end also refers to setting them (by implication sperm) “free from love jail,” the Directorate noted. However, it said, there is a substantial difference between hoping to have sex, and encouraging, condoning or even referencing gender-based violence.

“It would be presumptuous to assume that the man seeks to perpetrate violence. He appears to be going through the motions of getting a gift for Valentine’s Day, which may be interpreted to suggest that he is in a relationship with someone, and cares about this person enough to buy a gift for Valentine’s Day," the Directorate said.

Nothing in the visuals or the song sung by the man’s sperm suggests any form of coercive control, lack of consent or any automatic expectation of entitlement to sex,” the Directorate found. It accepted that an advertisement celebrating a man’s aspirations to “get lucky” on a special occasion might not appeal to all viewers’ sense of humour; it is mindful of the fact that such references are not uncommon in popular media.

While the Directorate does not seek to diminish the plight of victims of sexual abuse or assault, it has to look at the advertising from an objective perspective. There is nothing in the advertisement that portrays any gender in a manner that “exploits, objectifies or demeans,” it found.

zelda.venter@inl.co.za