Pain in the ASA

Further to yesterday's quick update on the saga of ALAC's Lisa ad, this is what I've emailed to asa@asa.co.nz today, in response to the decision they sent me a copy of. The letter and decision I have received are identical to those Joanna has typed up at Hubris, and you can even view a word document of the decision here (curtsy to Art and My Life for the link). And yes my letter also states "Do not contact me should you have any further queries." (my emphasis, note the absence of the usual please at the beginning!) For this reason I have sent the below to the email listed on their letterhead. Hopefully it will get to the right person/s.

To Whom It May Concern

Re: My complaint to the ASA in regard to ALAC's "Lisa" advert, submitted via the ASA website on 2nd May 2008

1. Concerns in relation to process:
1.1 The decision that my complaint was not to proceed appears to have been taken before I had made the complaint.
My complaint appears to have been addressed along with a number of others regarding the advert in question, in particular the complaint of C Smith, labelled Complaint 08/183. The summary of the decision made by the Chairman is dated 15 April 2008. I did not send my complaint in until 2 May 2008. Therefore it appears that the Chairman, or the Complaints Board, have not in fact even read my complaint prior to dismissing it.

1.2 The decision is based on a complaint quite different in nature from mine.
The basis of my complaint was that it perpetuated a number of rape myths, which I wrote about at some length, including quoting research that debunked the common perceptions that the Lisa advert is reinforcing (namely women are most at risk of stranger rape, that rape happens in dark alleys, etc). In particular I was very concerned that the Lisa ad is blaming the victim for the actions of a rapist. However Complaint 08/183, from C Smith, is quoted in the decision as being:

"...sexual assault (even if it is only inferred) has no place in an advertisement where there is no warning as to content."

This is completely different in nature to my complaint. The decision goes on to state that "Duplicate Complainants raised similar issues." I do not see how my complaint, on the grounds of perpetuating dangerous rape myths, is similar to or duplicates being concerned that a sexual assault is depicted without a warning. I did not mention any complaint of that nature in my submission to the ASA. I am therefore not satisified that the ASA has considered the points raised in my complaint, as the decision used to dismiss my complaint deals with another complaint about a different matter entirely.

1.3. Not all provisions complained under were considered
The decision in relation to Complaint 08/183 mentions that the relevant provisions were Basic Principle 4 and Rules 5, 7 and 11, of the Code of Ethics. My complaint was also made on the grounds of Basic Principle 3, which I consider highly relevant. Basic Principle 3 states:

3. No advertisement should be misleading or deceptive or likely to mislead or deceive the consumer.

While I do consider Basic Principle 4 to be the most important here, as it requires advertisements to "be prepared with a due sense of social responsibility to consumers and society," again the decision does give the impression that the Chairman has not in fact looked at my complaint at all, as it does not mention both principles under which I complained.


2. Concerns in relation to substance:
I will not reiterate my original complaint here, although I have attached a copy of it for your consideration at the next available opportunity. However I do have an additional point to raise which I hope the ASA will also consider, along with my original complaint.

2.1 Impact of the Lisa advert on victims of rape and sexual assault
Since writing to the ASA, and ALAC, with my concerns about the Lisa ad I have been contacted by a number of women who have experienced rape and/or sexual assault. They have mentioned the guilt that they have felt for the violation they suffered, in particular because they had been drinking when it occurred. In some cases their inebriation caused them not to go to the police to report the crime, and as a result the rapist did not face accountability for their actions. These women have told me how difficult it is for them to watch the Lisa ad, and that it merely reinforces the guilt that they have often taken some years to rightfully absolve themselves of. Many of these women have also had to deal with others blaming them for the actions of a rapist, because they were drunk when the assault occurred, and the Lisa advert is only encouraging this unfair blaming to continue in our community. Here are a number of quotes from one of the woman who has contacted me, and who has given me permission to share her story (here I have included some of Anna McM's excellent and courageous post).

I hope this gives you some idea of the impact that the Lisa ad is having on actual real women who have been in this situation.

3. Desired outcome:

I would like the ASA to actually consider my complaint, and the additional point I have raised above in 2.1. Currently the impression I have formed from the letter I received from the Deputy Secretary, and the attached decision in relation to Complaint 08/183, is that ASA has not considered any complaint in relation to the Lisa advert, except that of C Smith which does not raise the same concerns as mine. Until such time as I receive correspondence that indicates otherwise I will be assuming, based on the evidence to date, that the ASA complaints procedure has yet to deal with my complaint of 2 May 2008. I would appreciate it if my complaint could be tabled at the next meeting which deals with these matters.

3. In Summary
At this stage it appears to me that the ASA have found that my complaint has "no grounds to proceed" without actually considering it (see points 1.1 - 1.3 above).

I am aware that the appeal process of the ASA requires that a complainant make such an appeal within 14 days of receiving a decision in regard to their complaint. As I have not yet received a decision in regard to my complaint this letter is not a request for the Appeals Board to consider the matter. I am emailing today to insist that the ASA actually consider my complaint, and those of any other complainants who have been similarly treated.

As the only body which regulates advertising in NZ the ASA has an important public role in aiding citizens to have their say over advertisements that concern them. To date the ASA has not fulfilled its civic duty in regard to my complaint, and a number of others that I am aware of that are on similar grounds (and not the grounds of C Smith's complaint). I hope that this oversight can be addressed quickly and fairly.

I look forward to your response and thank you for your attention to this matter.

Yours etc,

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Ok, I'm thinking about other ways to raise these concerns, and I'm hoping to write about that in the next few days. I've emailed Rape Crisis (now called Rape Prevention Education) and Auckland Sexual Abuse Help for their thoughts on the whole shemozzle, and I'm going to write to Green MP Sue Bradford and see what she thinks too.

Any ideas please add them in comments. At this point I'm kind of reticient about going to the media directly as it is old news to them and I'm not sure I'm a good person to front this sort of issue, given that I've not suffered a sexual assault and I'm also a teetotaller.

Also, here's a post from Charlotte on the victim-blaming in the ad, which I only just managed to get to reading today. Apologies for not linking to it sooner.

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If this post confuses you, or you are looking for the back story, you can find all our posts about the Lisa advert so far, and no doubt whatever we write in the future, in our Rape Is Not Ok section.