Legal Definitions - indecent advertising

Indecent advertising refers to any public communication, such as signs, broadcasts, or digital promotions, that uses words, symbols, or images considered to be grossly offensive, shocking, or morally repugnant to a reasonable person, for the purpose of selling or promoting goods, services, or events. This type of advertising goes beyond generally accepted standards of public decency and taste.

Historically, in some legal systems, "indecent advertising" also specifically referred to the legal offense of promoting the sale of abortifacients (substances inducing abortion) and, in the past, contraceptives.

Here are some examples illustrating the modern application of indecent advertising:

• Example 1: Public Billboard with Sexually Explicit Imagery

  A new adult entertainment venue places a large billboard along a busy highway featuring highly graphic and sexually explicit images of performers, bordering on pornography, to promote its services. The imagery is visible to all passersby, including children.

  Explanation: This constitutes indecent advertising because the billboard uses grossly objectionable and sexually explicit visual content in a public space, exceeding community standards for decency, to promote a business.

• Example 2: Radio Advertisement with Profane Language

  During a late-night radio program, an advertisement for a local comedy show uses a continuous stream of extremely vulgar and profane language, including multiple derogatory terms and expletives, to describe the comedians and the show's atmosphere.

  Explanation: This demonstrates indecent advertising as the broadcast communication employs grossly objectionable and offensive language that goes beyond what is generally acceptable for public airwaves, even in a late-night slot, to promote an event.

• Example 3: Digital Ad with Gratuitous Violence

  An online banner advertisement for a new video game features a short, animated clip depicting extremely graphic and gratuitous violence, including dismemberment and excessive gore, displayed prominently on websites frequented by a general audience, including minors.

  Explanation: This would be considered indecent advertising because the digital promotion uses grossly objectionable and disturbing imagery of extreme violence, exceeding common standards for public display, to attract attention and promote a product.