Using SEX in Advertising in China

Last updated on February 27, 2024

The title alone might have piqued your interest.

The word “SEX” often does. It’s a magnet for attention, an age-old tactic that brands across the globe have leveraged to captivate audiences. This strategy holds a particularly potent allure in China, perhaps even more so than elsewhere.

In China, the cultural landscape is evolving. Discussions around sex, once shrouded in taboo, are gradually entering the mainstream. A landmark move in 2020 saw “sex education” officially recognised in Chinese legislation, set to be implemented in June. This marks a significant departure from the past and underscores a shifting societal paradigm, contrasting sharply with the longstanding norm of sex education in Western schools. Brands bold enough to navigate this delicate terrain in their advertising efforts stand to capture unparalleled consumer attention in China’s bustling, highly competitive market.

However, employing sexuality in advertising within China presents its unique set of challenges. The Chinese advertising regulatory landscape is markedly more stringent compared to its Western counterparts.

Despite these hurdles, navigating the fine line of sexual content in advertising is achievable in China. Brands must exercise caution, understanding the delicate balance between what is deemed acceptable and what crosses the line.

Companies that fail to adhere to these regulations may find themselves facing not just a slap on the wrist but significant financial penalties, a stark departure from the leniency often experienced in Western markets.

With this in mind, let’s dive deeper into the nuances of Chinese advertising law, exploring how brands can leverage the compelling draw of sexuality in their marketing strategies while remaining within the bounds of legal and cultural acceptability.

Exploring the Complex Landscape of Chinese Advertising Law

The Advertising Law of the People’s Republic of China, first introduced in 1994 and significantly revised in September 2015, serves as a cornerstone for brands navigating the Chinese market. The revision not only doubled the document’s length but also introduced stricter regulations, amplifying the challenges faced by advertisers.

Key to understanding the legal framework is Article 9, which delineates specific prohibitions in advertising content.

These restrictions encompass:

The misuse of national symbols, including the flag, anthem, emblem, and military insignias.
The unauthorized use of the name or likeness of any state authority or personnel.
The employment of superlatives like “national,” “highest,” “best,” or similar comparative descriptors.
Content that undermines the dignity or interests of the state or exposes state secrets.
Messages that could disrupt social stability or harm public interests.
Advertising that jeopardizes personal or property safety, or invades privacy.
Communications that could disturb public order or deviate from positive societal norms.
The inclusion of obscene, pornographic, gambling-related, superstitious, horrifying, or violent material.
Content that features discrimination based on ethnicity, race, religion, or sex.
Any actions that would hinder the protection of the environment, natural resources, or cultural heritage.
Violations falling under any other category specified by law or administrative regulations.

The vagueness and broad scope of these stipulations pose a significant challenge for brands.

Terms such as “obscene,” “horrifying,” and “disturbing social stability” or “public order” are open to interpretation, creating a nebulous legal terrain for advertisers to navigate. This ambiguity requires brands to tread carefully, balancing creative marketing strategies with strict adherence to the law to avoid potential repercussions.

Navigating the Fine Line: Durex's Bold Marketing in China

Durex, the global leader in condom manufacturing, is renowned for its edgy and humorous marketing strategies in China, often testing the limits of advertising acceptability. However, a recent incident highlighted the risks involved in pushing these boundaries too far.

The brand faced a significant penalty when Shanghai authorities imposed a fine of approximately US$120,900 for an advertisement promoting a vibrator on its Taobao store, a prominent Chinese e-commerce platform. The contentious ad boasted “There are 35 ways to make a woman burn with desire,” followed by explicit directions rife with sexual innuendos. This led to accusations from regulators of “disturbing public order” and “violating good social conventions,” resulting in the hefty fine.

This was not Durex’s first encounter with regulatory backlash in China.

In 2019, the company was fined around US$119,445 for employing crude slogans and suggestive imagery in a collaborative campaign with three other brands. One notable example involved a partnership with Chinese milk tea brand HeyTea, where Durex added the provocative tagline “Not leaving one single drop.

These incidents underscore the tightrope walk that brands must perform in the Chinese market, balancing creative marketing with compliance with stringent advertising laws. Durex’s experiences serve as a cautionary tale for other brands, emphasizing the importance of navigating China’s complex regulatory landscape with care to avoid similar pitfalls.

Mastering the Art of Subtlety

n the dynamic realm of Chinese advertising, the strategic use of sexual themes or the promotion of adult products is not inherently problematic. The adult product sector in China is expansive, boasting a market value exceeding US$8 billion and encompassing a wide array of goods from supplements to lingerie and beyond.

Our experience at WPIC Marketing + Technologies spans the successful launch of numerous products within this lucrative market. The key to success, however, lies in subtlety — allowing the consumer’s imagination to fill in the gaps rather than providing explicit detail, a nuance Durex unfortunately overlooked.

The principle of “less is more” holds paramount importance when incorporating sexual themes into advertising. The most successful brands are those that manage to craft compelling and memorable campaigns without overtly discussing the product itself. This approach not only ensures compliance with China’s stringent advertising regulations but also captures the audience’s attention — a critical achievement in the world’s largest e-commerce market.

Creativity, not explicit content, is the ultimate driver of success in China. Engaging the consumer’s curiosity and imagination can prove far more effective than any direct mention of sexuality, although, when used judiciously, it can add a powerful allure to a campaign.

At WPIC Marketing + Technologies, we specialise in navigating the complex regulatory and cultural landscape of China to help your brand thrive. Leveraging our extensive experience and innovative strategies, we ensure your advertising campaigns resonate with Chinese consumers while adhering to local laws and social norms.

Whether you’re looking to enter the market or expand your presence, WPIC is your partner in unlocking the full potential of China’s dynamic e-commerce ecosystem.

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