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The Regulation of Gender Stereotypes in Advertising: Law and Policy in Europe


ISBN13: 9781032372457
To be Published: February 2025
Publisher: Routledge
Country of Publication: UK
Format: Hardback
Price: £135.00



This book provides an innovative and policy-oriented analysis of gender stereotypes in advertising regulation from a socio-legal perspective.

Examining the law and policy of the European Union and three case studies in Sweden, Spain and the UK, the book draws upon interviews, focus group data and desk research to critically assess the legislation and regulation on the use of gender stereotypes in advertising. Its focus is on the largely neglected question of the EU’s competence in the area of gender. And to assess this, the book considers various forms of ‘good practice’ through legislation, regulation and policy. It also explores the proscribing of gender stereotypes in advertising through ‘soft law’ measures such as self-regulation at state level, and action programmes and roadmaps at EU level. Finally, it critiques the lack of progress to achieve a unified code on the regulation of gender stereotypes, whilst imagining what such a code might look like.

The book will appeal to academics with research and teaching interests in EU law, gender equality, and comparative law, as well as academics and practitioners involved with media and advertising regulation, anti-discrimination law, and freedom of expression.

Subjects:
Media and Entertainment Law
Contents:
Chapter 1. Gender Stereotypes: A Contemporary Legal Problem
Current EU legislative framework Excavating the Past: The Goods and Services Directive 2004/113/EC Concepts, Themes and Frameworks, i) Legal Frameworks, ii) Conceptual and theoretical frameworks, iii) Sociolegal methods, iv) Images and Imaginations, v) Beyond the two-way mirror: developing a feminist perspective , vi) National Perspectives and Legal Cultures

Chapter 2. EU Competences
Introduction, Anti-discrimination competence, Gender equality competence, Post Lisbon – new and old inequalities, The Emerging European Media Competence, EU media and advertising competence, Advertising regulatory standards and free movement case law, Conclusion

Chapter 3. EU Gender Regime: Gender Stereotypes as a New Form of Discrimination
Introduction, International law, The Goods and Services Directive, The Audio-Visual Media Services Directive, The Digital Services Act, Soft law, i) The European Women’s Lobby, ii) The FEMM Committee, iii) European Parliamentary Opinions, iv) The European Advertising Standards Alliance, Conclusion

Chapter 4. Theorising Gender Stereotypes
Introduction, Doing, performing and scripting, We ‘do’ rather than ‘are’, All the world’s a stage, Exit stage left, Parameters of performance, Front stage as gender(ing) performance, Advertising: making the familiar strange, Observing themes in gendered advertising, Conclusion

Chapter 5. Teenage Voices
Introduction, Mothers, What’s for tea, love? Mother the multitasker, Motherhood and irony, Women on the verge, Objectified self, Resistance and mockery, Conclusion

Chapter 6. Sweden
Introduction, Normative legal instruments, Conflicting legal principles, Swedish system of government, Freedom of expression, The golden child of Europe for gender equality, Self-regulation in Sweden: from prohibition to pillory, The Reklamombudsmannen, Conclusion

Chapter 7. Spain
Introduction, From dictatorship to democracy, Towards gender equality and the politics of ‘la nueva via’, The Gender Violence Act, Ryanair case, Self-regulation: Autocontrol, Austerity and the re-emergence sexual violence and femicide, Conclusion

Chapter 8. The UK
Introduction, Gender equality, Self-Regulation: Advertising Standards Authority, The Advertising Standard Authority’s ethical codes, The American Apparel ruling, The Protein World ruling, Asda Ruling, New harm and offence rule, Conclusion

Chapter 9. Conclusion