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Advertisements that use photographs of the naked female body to sell an unrelated product constitute discrimination, the Supreme Administrative Court NSS ruled, upholding a fine from the regional Trade Licensing Office of South Moravia. The NSS found that using an image of a naked woman simply to draw attention to unrelated goods places objectifies women, which is contrary to good morals and discriminatory against the female sex, as well as degrading to human dignity.
In the office imposed a CZK 50, fine for violating the advertising law. According to the Trade Licensing Office, one side of the leaflet has photos of pawnshop goods such as jewelry and electronics, and advertising messages with addresses of establishments and information about the quality of goods, prices, and the possibility of paying in installments.
The other side of the leaflet there is a frontal photograph of an almost naked young woman posing only in panties, with her breasts fully exposed, leaning on the body of a historic car. They found the naked body has no connection with the promoted activity and violates the Act on the Regulation of Advertising by endangering morality in a generally unacceptable manner; reducing human dignity; and containing elements of pornography, violence, or elements using the motive of fear.
The ruling does not mean all nudity in advertising is banned. The fact that the female nudity in the advertising leaflet is not at all related to the promoted goods was the key issue. Nudity as such does not matter in advertising and for example can be seen in the promotion of massages, underwear, or cosmetics. What matters is its relevance. The pawnshop operator said that the law did not require advertising to be linked to promoted activities.