4 February 1994

Doc. 7015

1403-31/1/94-4-E

MOTION FOR A RESOLUTION

on the exploitation of Aids

in the field of commercial advertising

presented by Mr MASSERET and several colleagues1

1.       From the beginning of the Aids epidemic, the Parliamentary Assembly of the Council of Europe had concerned itself with the risks of social exclusion stemming from the specific characteristics of this disease. The "HIV positive" advertising campaign run by a clothing trader in September 1993 in several European countries shows these fears unfortunately to be justified.

2.       The advertisements published in certain newspapers or displayed in the streets showed a naked human body stamped "HIV positive" (that is "seropositive"), placing carriers of the Aids virus on a par with either tattooed deportees in concentration camps or butcher's meat.

3.       A good many of the associations concerned with the Aids problem preferred to keep quiet and not play along with the trader by giving him free publicity, but most of them protested vehemently, and some took the matter to court.

4.       Our Assembly cannot remain silent on a matter calling, not for accusations, but for a reminder of principles.

5.       The men, women and children carrying the Aids virus, whether suffering from the disease or asymptomatic, must remain full members of a society which owes them solidarity, for both moral and medical reasons, even if the financial cost of the pandemic is likely to rise in the years ahead.

6.       States (and associations, which have a considerable role in this context) also have a duty to implement an active prevention policy, so as constantly to warn the public, especially the young, of the risks of transmission of the disease. This is a serious matter. Is there any need for a reminder that 14 million people are already infected worldwide, and that the World Health Organisation predicts a total of 40 million seropositive individuals by the year 2000?

7.       It may be legitimate to resort to advertising techniques which accost the public in a manner which some may consider shocking, when the aim is to protect public health by attempting to arouse salutary awareness.

8.       However, the use of the same methods as part of an advertising campaign, the purposes of which are commercial, or at least highly ambiguous, raises a problem to which our Assembly must give consideration.

9.       The Assembly, recalling Resolution 812 (1983) on the acquired immune deficiency syndrome (Aids) and Recommendations 1169 (1989) on Aids and human rights, 947 (1982) on the protection of consumers' economic and social interests and 952 (1982) on international means to protect freedom of expression by regulating commercial advertising, and aware that the public must be warned of the dangers of the propagation of the Aids virus by every possible means, even the least orthodox, since they are effective,

      i.       condemns any message which stigmatises seropositive individuals and people suffering from Aids,

      ii.       denounces the commercial exploitation of the subject of Aids for the purposes of advertising,

      iii.       congratulates the members of the mass media which refuse to carry commercial advertising campaigns making use of human suffering,

      iv.       suggests that European consumers ask themselves serious questions before purchasing products, the advertising for which does not respect the eminent dignity of human beings.

Signed:       Masseret, Pécriaux, Seeuws, Birraux, Boucheron, Schieder, Hawlicek, Konecny, Tummers, Baarveld-Schlaman, Leccese, Roman, De Puig, Bolinaga, López Henares

1 ¹This text only represents the views of the individual members who have signed it. It does not reflect a position adopted by the Parliamentary Assembly.