18 U. Notre Dame Austl. L. Rev. 1 (2016)

handle is hein.journals/undauslr18 and id is 1 raw text is: 




        :ALL ABOUT THAT BASS AND PHOTOSHOPPING A MODEL'S WAIST:
                          INTRODUCING BODY IMAGE LAW

                   MARILYN BROMBERG *AND CINDY HALLIWELL**

                                       ABSTRACT


When  women   see images of extremely thin women,  their body image may suffer as a result.
T heir poor body image can develop into an eating disorder. A handful of governments took
action to try to stop models who have BMIs  below  a specific number from working  and/or
require a warning on photoshopped images (that modify models to make them appear thinner).
The Authors  of this article ('Authors_) created a term to apply to this newly developing area
of law: Body Image L aw. T he A uthors argue that there are some areas in which the actions that
governments   took in Body   Image  Law  may  be  lacking: insufficient sanctions in some
jurisdictions, using BMI solely to assess models fitness to work and a failure to address: (i)
the tiny sample sizes that fashion designers provide to models to wear and (ii) using the term
:plus size beside images  of certain models. This is the first scholarly article known to the
Authors to create a term that applies to this newly developing area of law.



                                     I   INTRODUCTION


A  triumph in Body  Image  Law  has occurred during the past decade. The triumph is that a
handful  of governments,   including the Madrid   Regional  Government   and  the Italian,
Australian, Israeli and French Governments,   took action to try to stop models  below  a
minimum BMI from modelling and/or required photoshopped photographs to contain a
warning stating that they were altered. If one Googles the actions that these governments took,
they can quickly find that they sent the media into a frenzy resulting in significant publicity.
It's not surprising that the media gave the actions that the governments took  significant

* Dr Marilyn Bromberg, PhD, LLB (Dist), BBA (Hon), Grad Cert University Teaching, Senior Lecturer,
University of Western Australia, Principal Dr Bromberg Legal
** Ms Cindy Halliwell, BA, Grad Dip (Bus. Admin), Research Centre Administrator, University of Melbourne
The authors thank Mrj onathan Polak, Ms Anne Greenshields and Dr Natalie Giles of The University of Notre
Dame Australia (Fremantle Campus) and Stephane Cottin of the French Government for their assistance with
aspects of their research. They also thank Dr Lara Pratt, MrAdamjardine and Msj ustine Howard for providing
feedback on the article prior to submission. Finally, the authors thank M rJ oe Kaplan for translating the Israeli
Photoshop Law from Hebrew to English and Ms Biancaj olly for translating the French Photoshop Law from
French to English. Any mistakes are the authors- own.
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