ASA revises ruling on sexual objectification in FKA Twigs Calvin Klein ad

The question

When does an overtly sexual ad not cross the line into sexual objectification?

The key takeaway

The ASA has reversed its earlier decision to ban a Calvin Klein ad featuring FKA Twigs. Initially, the ad was banned on the grounds of sexual objectification. However, after public scrutiny and objections from FKA Twigs, the ASA revised its decision having determined that, while the image of the singer was overtly sexual, it did not qualify as sexually explicit. This decision highlights the nuances in interpreting and regulating the portrayal of sexuality in advertising.

The background

Calvin Klein’s Spring 2023 ad campaign featuring singer FKA Twigs drew the attention of the ASA in January 2024. The ad was a poster displaying the singer in a denim shirt exposing the side of her body, including her breasts and bottom, with the caption “Calvins or nothing”. The ASA’s decision responded to two public complaints. The complainants viewed the images as overly sexual, claiming that the ads offensively objectified women and were “inappropriate for display in an untargeted medium”.

The ASA responded by banning the ad, stating that the image presented FKA Twigs as “a stereotypical sexual object”. This decision proved controversial and was subject to media criticism, including by the singer herself. In a statement on the ASA ruling shared via Instagram, she responded: “I do not see the “stereotypical sexual object” that they have labelled me. I see a beautiful strong woman of colour”. She also suggested “double standards”, reportedly referencing actor Jeremy Allen White’s Calvin Klein ad campaign released around the time of the ruling. The ads starring Jeremy Allen White show him shirtless in Calvin Klein underwear, but they are not currently subject to an ASA investigation.

The development

In March 2024, the ASA revisited the decision. On the first issue of objectification, the ASA’s republished ruling clarifies that the ad was overtly sexual, though not explicit. They stated that “the ad presented a woman who appeared to be confident and in control”. The image was not likely to cause “serious or widespread offence” by reason of sexual objectification. Ultimately, there was no breach of CAP Code rules 1.3 and 4.1.

On the second issue, the ASA maintained that the ad was not appropriate for display in an untargeted medium, as an outdoor poster on display to children and adults. This was a breach of CAP Code rule 1.3 and Calvin Klein was warned to target future ads appropriately.

The ASA claimed that although backlash to its initial decision provided “pause for thought”, it revised the ruling due to “unease about the wording” explaining its original rationale for the decision on sexual objectification.

Why is this important?

The republished decision highlights the power of social media in amplifying the debate on sexual objectification and advertising. The ASA has clearly indicated its willingness to listen to social commentary and is reviewing its approach as part of its five-year strategy. For more about the ASA’s five-year strategy, see our Summer 2024 Snapshot on the ASA & CAP Annual Report 2023). Firms may welcome the ASA’s approach, understanding that socially divisive advertising does not necessarily warrant intervention . This shift perhaps suggests a more nuanced and responsive regulatory environment, reflecting evolving public attitudes and the dynamic nature of social media influence.

Any practical tips?

• Understand the ASA’s subjective approach: Firms should be aware of the ASA’s decisions on whether an ad is sexually objective and causes harm and offence are subjective. Both the content and the context, along with the likely audience, are considered in an ASA investigation against an ad
• Consider context and audience: When creating ads, consider where they will be displayed and who the likely viewers will be. This can help mitigate potential issues with inappropriate placement, especially in untargeted media
• Leverage social commentary: Social commentary plays a crucial role in influencing regulatory decisions. Firms should consider working with their campaign stars and individuals if they feel a need to speak out against a controversial decision, or even to lay the groundwork for a potentially sensitive campaign. This can amplify their perspective and potentially sway regulatory decisions
• Stay informed on ASA Strategies: Keep up-to-date with the ASA’s evolving strategies and public statements. Understanding the regulator’s current focus and strategic direction can help in aligning advertising practices accordingly.

Summer 2024