Sexuality in Public Advertising: How Canada Sets Limits

Advertising that refers to sex, bodies or sexual health sits at an awkward meeting point of public space, commerce and community norms. In Canada, whether such a message appears on a bus shelter, a billboard or the side of a transit vehicle depends on a mix of law, industry self-regulation and the policies of the companies that sell the advertising space.

Outdoor advertising reaches everyone who walks past, including young children. That reach is the main reason it is treated differently from material in a magazine, a ticketed venue or a subscription service.

Who sets the rules

No single federal body approves posters before they go up. Ad Standards, formerly known as Advertising Standards Canada, is an industry self-regulatory organization that administers the Canadian Code of Advertising Standards, which covers accuracy, clarity and public decency, among other topics. Members of the public can file complaints, and those complaints are reviewed against the code after an ad has appeared.

The Criminal Code also contains obscenity provisions, but these apply to a far narrower range of material than most advertising disputes involve. Outdoor media companies and transit authorities usually keep their own acceptance policies as well, and these can be stricter than the legal minimum.

Why education and health campaigns get caught up

Museums, health agencies and educators sometimes use humour or frank wording to draw attention to a subject. Language aimed at adults can be judged unsuitable once it is placed where a general audience will see it. Disputes therefore tend to turn on placement and tone rather than on whether the subject itself is a legitimate one.

Common points of disagreement

• Whether a message is informational or suggestive
• Whether imagery is suitable for an audience of mixed ages
• Whether humour changes how a message is read
• Whether a refusal by a private company is censorship or an ordinary business decision

Attention and public debate

A rejected advertisement can attract news coverage and online discussion that reaches far more people than the original placement would have. Supporters of stricter placement rules point to the interests of children and of people who did not choose to see the message. Critics argue that avoiding plain language about sexuality leaves public conversation about health and relationships narrower than it needs to be. Both positions are widely held, and the balance between them differs between cities, transit systems and advertisers.