Moved by Councillor Scott, seconded by
Councillor Ellsmore –
It is resolved that:
(A)
Council note:
(i)
Honey Birdette is primarily a lingerie store
that also sells bondage, sex toy and fetish themed items;
(ii)
Honey Birdette has 46 stores across
Australia, one being located in Broadway Shopping Centre in Glebe, opposite the
centre’s main escalators and in clear view from children’s store LEGO;
(iii)
Honey Birdette uses large shopfront image
displays to advertise their explicit product;
(iv)
the Australian Association of National
Advertisers (AANA) is an industry and self-regulatory body for Ad Standards;
(v)
in September 2020, the AANA outlined changes
to the Code of Ethics and Practices notes regarding sexual imagery in
advertising, reflecting increased community concern and children’s exposure to
sexualised images;
(vi)
section 2.2 of the AANA Code of Ethics
states: Advertising shall not employ sexual appeal:
(a)
where
images of Minors, or people who appear to be Minors, are used; or
(b)
in a
manner which is exploitative or degrading of any individual or group of people;
(vii) section 2.3
of the AANA Code of Ethics state: Advertising shall not present or portray
violence unless it is justifiable in the context of the product or service
advertised;
(viii) section 2.4
of the AANA Code of Ethics state: Advertising shall treat sex, sexuality and
nudity with sensitivity to the relevant audience;
(ix)
Honey Birdette has been found in breach of
one or more of 2.2, 2.3 or 2.4 or other sections of the AANA Code of Ethics
more than 60 times;
(x)
where a company owns the advertising medium,
there is no clear enforcement mechanism;
(xi)
Ad Standards have been attempting to get
Honey Birdette to comply with Ad Standards for approximately five years;
(xii) Ad Standards
are pursuing working with the Shopping Centre Council of Australia to ensure
shopping centre owners put compliance with Advertising Standards in lease
agreements, however, this has yet to be confirmed;
(xiii) the NSW
Planning Legislation and Economic Policy Director has advised that the NSW
Planning Department have no power to act; and
(xiv) a DA is not
required for shop fit out and signage for stores within shopping centres where
the signage is not visible from the public domain and planning controls cannot
control advertisements or signage within shopping centres;
(B)
the Chief Executive Officer be requested to:
(i)
ensure the City advises all constituents
contacting the Council with concerns that they should make a direct complaint
to Ad Standards via https://adstandards.com.au/make-a-complaint/
with details about each advertisement they find offensive; and
(C)
the Lord Mayor be requested to write to:
(i)
the Hon Minister Michelle Rowland MP,
Minister for Communications and the Hon Minister Mark Dreyfus MP, Attorney
General, outlining the more than 60 breaches of the AANA Code of Ethics by
Honey Birdette, requesting a legally binding, strong, transparent enforcement
mechanism to be put in place for serial non-compliers such as Honey Birdette,
in order to uphold public safety in public places;
(ii)
Ad Standards outlining the more than 60
breaches of the AANA Code of Ethics by Honey Birdette and the concern of the
City of Sydney community and Council; and
(iii)
the Shopping Centre Council of Australia,
seeking their support for a mandatory change to all lease agreements to include
compliance with Advertising Standards.
The motion was carried on the following show
of hands –
Ayes (9) The Chair (the Lord
Mayor), Councillors Chan, Davis, Ellsmore, Gannon, Kok, Scott, Weldon and
Worling.
Noes (1) Councillor Jarrett.
Carried.
X086655