The Advertising Standards Authority has announced its decision to allow commercial abortion providers, which profit from carrying out abortions, to advertise their services on television and radio.
The plans, which have been debated extensively over the past several years, were previously due to go ahead in 2009, but were withdrawn after strong opposition from the public.
At present, clinics which provide ‘post conception advice services’, including abortions, are permitted to promote their services through broadcast media, provided that they do not charge for their services. Under these rules, just one advert, by Marie Stopes International, has ever been aired on TV, in 2010. It attracted more than 4,500 complaints.
The new regulations will enable commercial abortion providers to advertise their services on TV and radio from 30 April this year.
Commercialising abortion
Pro-life campaigners have criticised the idea, claiming that it will trivialise abortion and reduce the ending of a life to the level of a commercial product or service.
Dr Dan Boucher, speaking on behalf of the charity CARE, said:
“The idea that abortions should be freely advertised on TV along with toothpaste and breakfast cereal says something very sad about the way in which the values of our consumer culture, of acquiring and disposing, are penetrating our way of life generally, even our approach to life itself.”
Dr Peter Saunders, chief executive of the Christian Medical Fellowship, said: “Having an abortion is a deeply traumatic experience that can lead to further medical and physiological complications. A 30-second advert is not the place to discuss and promote this medical procedure.”
Financial interests
The NHS funds approximately 90% of abortions carried out by commercial abortion providers. Those providers can therefore now use state funding to advertise their services and increase their market share, paid for by the taxpayer.
Concerns have been raised that pro-life groups will have little ability to present an alternative viewpoint on television, as they will not have the resources or state funding to advertise as widely.
Andrea Minichiello Williams, CEO of Christian Concern, said:
“These proposals would allow those with a clear financial incentive to advertise abortion procedures directly through television to vulnerable women, some of whom may be under pressure from others to have an abortion or may be in a distressed or emotional state.
“These women should go to the NHS or to independent medical advisors, rather than to abortion providers who are likely to encourage them to have an abortion.
“If commercial abortion providers are allowed to advertise using mass media, then the case for independent information, advice and counselling becomes even stronger.”
Independent counselling
Last year, Nadine Dorries MP tabled an amendment to the Health and Social Care Bill to ensure that women who are considering an abortion were offered independent counselling, rather than being counselled by the abortion providers themselves, which get paid for providing abortions. The amendment failed to pass during a Parliamentary vote but the Department of Health is consulting on the issue next month.
Consultation
Last year, Christian Concern responded to a consultation by the Broadcast Committee of Advertising Practice on whether to allow abortion providers to advertise on television. The consultation can be read here, and noted the following:
- The provision of abortion services cannot be compared with or equated in any respect to other commercial services, since abortion involves the termination of a human life. It is a risky and serious medical procedure which is not directly available to the public but which requires the signatures of two doctors. Because of this, and because the practice of abortion remains highly controversial in society, advertising is not the appropriate medium for this procedure.
- The proposals would allow those with a financial incentive to advertise abortion procedures directly through television to vulnerable women, This is unacceptable as women should be protected from the adverse mental and physical health risks of abortion. Without a requirement on advertisers to provide information on the health risks of abortion, any abortion advertisements are likely to be misleading or harmful under s319 of the Communications Act 2003.
- The proposals create an uneven playing field since only major abortion providers possess the financial resources to widely advertise on television. Given how politically sensitive the issue of abortion is, this appears not to be equitable, and could be a breach of both section 321 of the Communications Act 2003 and section 7 of the UK Code of Broadcast Advertising (BCAP Code). These provisions specifically require BCAP to refrain from sanctioning advertisements of a political nature which could potentially influence public opinion on a matter of public controversy.
- Advertisements for abortion are likely to be in breach of section 11.21 of the BCAP Code which does not permit the advertisement of medical products or services available only on prescription. Abortion is likely to fall within this category as it is similarly not available on demand.
- Abortion advertisements are also likely to be in breach of section 4.2 of the BCAP Code which states that advertisements must not “cause serious or widespread offence against generally accepted moral, social or cultural standards”.
Links:
Christian Medical Comment: Dr Peter Saunders
Resources
Christian Concern: BCAP Consultation on abortion advertising