The Freedom of Expression Institute would like to place on record its strongest objection to the "banning" of the advertisement featuring Charlene Theron and aimed at changing perceptions and attitudes towards rape.

It is our understanding that the Advertising Standards Association's decision to insist that the advertisement was removed from the air, was not based on the original complaint but rather on a perception held by one of the committee members at the hearing of the complaint that the advertisement as a whole created a negative perception among viewers that men not included in the category of rapists, are all complacent. Therefore those groups (Femina, Rape Crisis, the Jupiter Drawing Room) who were behind the advertisement believe that the finding is not valid. They will consequently be challenging the ruling.

However, FXI is of the opinion that even if the manner in which the ruling had been reached had been unquestionable, it would still be important to challenge any decision to take this advertisement off our screens. It is our contention that we cannot ban speech just because it offends certain members of our society. Although the freedom of expression clause in the constitution does not extend to advocacy of hatred based on inter alia gender, this is qualified in the sense that speech of this nature must be incitement to cause harm. Therefore, advertising copy which is designed to make the audience sufficiently uncomfortable to sit-up and re-think an issue, cannot be construed as language designed to incite harm.

We therefore would like to encourage the groups involved to pursue an appeal with the ASA on the matter and if that is unsuccessful to take the matter further.