A Facebook post by Australian fashion retailer Hello Molly that depicts a woman wearing skin-tone nipple covers landed in an Ad Standards community panel review which has since been dismissed.
The caption of the post was “It’s an add to cart kind of day”.
A complainant called the advert “soft porn”, adding that it was an explicit image and highly suggestive.
A spokesperson for Hello Molly responded to the initial complaint, telling Ad Standards that the advertisement - which depicted the brand’s 'Undercover Style Helpers No More Headlights Disposable Nipple Covers' - did not violate Section 2 of the AANA Code of Ethics.
Specifically, the spokesperson said it was not a degrading or sexualised image.
“It depicts a smiling, confident woman whose nipples are hidden by disposable nipple covers - a common fashion accessory and popular product on our website, which specialises in women's occasionwear. The image is not sexual or lewd,” they said.
“While the woman in the advertisement is topless, the nudity is not displayed in a gratuitous way. The product that is being promoted cannot be shown without some degree of nudity therefore the use of nudity in this advertisement is relevant. The bare breasts are demonstrating the purpose and use of the product. The image is not a sexualised image.”
The spokesperson added that the language used, including the name of the product, is not offensive.
“This advertisement was also not specifically created by Hello Molly but rather automatically selected by Facebook from Hello Molly's product feed due to the popularity of the product on our website,” they said.
“The ad targets customers over the age of 18 who are deemed to be interested in similar products by the Facebook advertising algorithm.
“To summarise, based on the above, this ad does not breach Section 2 of the Code. However, we have since removed that product from Facebook advertisements on a non-admissions basis.”
The Ad Standards community panel confirmed that the advert did not contain sex or sexuality, but did contain a “high level of nudity”.
“The Panel noted that the definition of sensitivity in the Practice Note is ‘understanding and awareness to the needs and emotions of others’.
“The Panel considered that the requirement to consider whether sexual suggestion is ‘sensitive to the relevant audience’ requires them to consider who the relevant audience is and to have an understanding of how they might react to or feel about the advertisement.
“The Panel noted that the advertisement appeared on Facebook and was targeted towards people over 18. The Panel acknowledged that it may be seen by people under 18.
“The Panel considered that the advertisement depicted the woman wearing the product being promoted, and the level of nudity in the advertisement was appropriate in the context of promoting this product.
“The Panel considered that the nudity was not gratuitous, and the woman was not posed in a sexualised manner. The Panel considered that the nudity was treated with sensitivity to the relevant adult audience.
“Finding that the advertisement did not breach any other section of the Code the Panel dismissed the complaint.”
Hello Molly sells womenswear fashion, swim and accessories at mid-level prices. In 2020, the brand launched into activewear and sex toys, which appears to have been exited since according to the product list on its website.