The limits of performative activism : Fashion needs laws, not likes
Fashion legislation is the answer (no matter the question). Especially if the question involves words such as : #sustainable #ethical #profitable #climateconscious #socialmedia #cancelculture #impact
A good compromise, a good piece of legislation, is like a good sentence; or a good piece of music. Everybody can recognise it. They say, 'Huh. It works. It makes sense.'
- Barack Obama
The unique thing about the fashion industry is that it’s a captivating blend of creativity, commerce, social influence and accessibility. One can access pret lines, thrift shops, haute couture, street shops, exclusive designer goodies - all depending on one’s appetite for consuming what they consider “fashion” to be. I am of the opinion that at this point it’s more visible and more popular than it wants to be, really. Predominantly because it finds itself at a crossroads much more rapidly than anything amiss in any other industry does. Which is why I make a vehement case for lobbying in favor of the good fashion cops to protect this industry, stat!
All in favour of legislation say “aye”, others prepared to be - cancelled err.. convinced!
Unpacking performative activism and cancel culture in the age of “like, share and subscribe”
As mentioned in our last edition, the rise of "cancel culture" fuelled by the ever-watchful eye of social media platforms like Instagram and TikTok compels us to re-evaluate the role of legislation in ensuring ethical and sustainable practices. While social media can be a powerful tool for holding brands accountable, in reality it is only effective to a certain extent. Unfortunately, its fast-paced nature often leads to performative responses that don't address the root causes of problems. This is where strong legislation becomes crucial for driving systemic change within the fashion industry.
Before we delve deeper, let us cursorily unpack two of these key concepts and how they play out in our social media existence.
Cancel Culture refers to the phenomenon of swift public judgement, shaming and boycotting of individuals or brands perceived to have done something wrong. Often ignited by a viral post on Instagram or YouTube or a TikTok video highlighting a misstep.
Performative activism refers to actions taken primarily to project an image of social consciousness, often for public validation rather than genuine change. And social media platforms more than any other medium today, serve as breeding grounds for this. Here, carefully curated feeds showcase individuals and brands aligning themselves with trending causes. However, the focus on aesthetics and garnering "likes" can overshadow the need for concrete action.
Capitalism favours short-term gains deterring long-term systemic change
The equation becomes even more complex when we consider the role of capitalism. Within this system capitalistic forces, such as the companies prioritise short-term profits over long-term social responsibility. But fearing the wrath of online mobs and potential boycotts, they begin resorting to performative gestures in a desperate attempt to salvage their public image. For instance, a gesture like this might involve releasing a "sustainable" collection made with recycled materials while their core lines still rely on environmentally harmful practices, or partnering with a celebrity known for social activism to deflect attention away from labor violations within their supply chain.
On the upside, many experts in the industry from different field, have begun drawing people’s attentions towards generating more awareness about these things. The LOCSTALK Newsletter (and soon, also the Podcast) is a part of one such thought leadership campaign, that serves as a repository of resources for entrepreneurs across industries, intending to make a positive impact by overcoming the common hurdles of our time. Further, credit also belongs to savvy social media users on Instagram and TikTok are becoming increasingly adept at spotting such inauthentic attempts to appease the online crowd. The curated, "woke" image crumbles quickly under the scrutiny of hashtags such as - #greenwashing #greenhushing #notsosustianable #falseclaims exposing the hypocrisy behind performative actions.
The limitations of social media outrage
While social media can be a powerful tool for holding fashion entrepreneurs accountable, its limitations become evident when seeking lasting change. Outrage cycles on social media platforms are fleeting. A trending hashtag demanding accountability for a brand's misstep might disappear within days, replaced by the next viral sensation. This lack of sustained pressure allows these entrepreneurs to weather the storm and revert to business as usual once the online firestorm subsides.
Additionally, the focus on public shaming within cancel culture can overshadow the need for constructive dialogue and systemic change. For example, a nuanced discussion about improving labor practices or implementing sustainable production methods can easily get lost in the frenzy of online outrage.
Legislation is the fastest route to long term systemic change
This is where legislation steps in as a powerful tool to push the fashion industry beyond performative gestures and towards systemic change. Effective legislation can set clear expectations for ethical and sustainable practices throughout the value chain in the industry.
Holding our discussion on specific legislations at various points in the value chain for the time being, here's how legislation for any part of the industry, can tangibly address key issues within the fashion industry:
- Environmental Sustainability : The industry's significant environmental footprint necessitates legislative action. For example, textile production, that is estimated to be responsible for about 20% of global clean water pollution from dyeing and finishing products. A single laundry load of polyester clothes can discharge 700,000 micro plastic fibres that can end up in the food chain. Even everyday occurrences such as the excessive use of non-biodegradable materials contribute their fair bit in increasing the overall negative impact of the industry. The fact that only about 1 % of plastics and plastic products on the global market are considered bio-based, compostable and/or biodegradable, will give one an idea of the quantum of reduction required in the use of such materials. On this point, legislation mandating sustainable production practices, recycled materials usage, and limitations on harmful chemicals can force systemic change, moving beyond brands' self-reported sustainability and ESG efforts, that often lack transparency.
- Labor Practices : Exploitative labor practices in garment factories across the globe remain a stain on the industry's conscience. In 2019, the US federal Labor Department has found that many garments made by the brand - Fashion Nova are stitched together by a work force in the United States that is paid illegally low wages. An investigation led by The New York Times exposed unsafe working conditions and extremely low wages in factories producing clothing for major fashion brands. Similarly, in a 2023 research report drafted and published by Aberdeen University and the advocacy group Transform Trade, talked about their study that surveyed 1,000 Bangladeshi factories making garments for global brands and retailers during the Covid pandemic. They found that major international fashion brands, such as H&M, Next, Primark and Zara owner Inditex, were operating unfairly toward Bangladesh clothing suppliers, with some allegedly paying for items below the cost of production.
Here, legislation enforcing fair wages, safe working conditions, and regulations against child labor can ensure ethical production throughout the chain.
-Transparency and Accountability : Vague sustainability claims and a lack of transparency about production processes make it difficult for consumers to make informed choices. Initiatives like the Better Cotton Initiative, a non-profit, multi-stakeholder governance group that promotes better standards in cotton farming and practices across 22 countries aim to improve cotton farming practices, but their impact is limited without strong legislation. On this point, legislation mandating clear labeling and traceability of materials and manufacturing locations can hold brands accountable and empower conscious consumers.
-Diversity and Representation : The fashion industry has a long history of exclusion, with limited representation of diverse body types and ethnicities on runways and in marketing campaigns. It is only recently, that the industry is opening its doors and perspectives to be a more inclusive one. Predominantly, this is owing to a fact that highlighted in our Women(+)’s Day Special issue - companies with greater diversity on their boards of directors are more likely to outperform those that are not so inclusive, financially. Specifically to aid a company’s DEI Policy, legislation promoting diversity in hiring practices, advertising campaigns, and design teams can push for more inclusive representation on and off the runway.
The power of an informed consumer
While strong legislation is crucial, empowered and informed consumers also play a vital role in driving change within the fashion industry. They move beyond fleeting trends and invest in quality pieces that will last. Not to say that these are just consumers of luxury fashion, they are consumers who value pre-owned clothing or opt for clothing rental services to reduce one’s overall consumption.
These type of consumers have shown a propensity towards doing their due diligence and seeking out brands demonstrably committed to ethical and sustainable practices. This can involve looking for certifications from independent bodies and prioritising brands that advocate for and comply with strong labor and environmental legislation.
The key element to look for here is - transparency in a brand’s supply chain. It is not difficult to use one’s voice and move towards a more conscious way of consuming! One can easily begin by engaging with brands on social media, asking questions about their production practices and sustainability efforts. This can serve as an overview of what practices are prevalent in the industry and where must be we begin altering our choices.
Legislative action is a collaborative effort
I am of the firm belief that the fashion industry as it stands today, is overly reliant on self regulation and harsh on only two of three major stakeholders - namely the entrepreneurs of the industry and the consumers. Legislation, however, cannot exist in a vacuum. As previously highlighted in our discussion of the New York Fashion Act, if we as consumers aka one of the pivotal stakeholders of this equation - forget all else - we must remember that lobbying for legislation in any country is bringing the third major stakeholder into the equation to shoulder responsibility - the government.
Legislations world-over require collaboration between various stakeholders to be holistic and successful. To reiterate from above, just as President Obama says in his book, The Audacity of Hope -"..a good piece of legislation, is like a good sentence; or a good piece of music. Everybody can recognise it.”
It will take each one of us to do our bit, in whichever category we belong to:
Governments: Developing and enforcing strong legislation, at the regional as well as global levels, that sets clear standards for ethical and sustainable practices within the fashion industry. Beginning with setting clear cut definitions specific to the industry, of some important terms such as “sustainability” along with a framework that can be accepted globally.
Fashion industry entrepreneurs : Working collaboratively with lawmakers to craft effective legislation that is fair and achievable for businesses of all sizes.
Consumers and consumer advocacy groups: Lobbying for stricter regulations and holding lawmakers and brands accountable.
Educational institutions: Integrating sustainability and ethical practices into fashion design curriculums to equip future generations with the knowledge and tools to create a more responsible industry.
Building a more sustainable and ethical future
The path towards a more sustainable and ethical fashion industry is paved with both social media awareness and robust legislation. By combining the power of informed consumers who demand change with clear legal frameworks that hold brands accountable, we can move beyond performative activism and create a future where fashion is not just about aesthetics, but also about social responsibility and environmental consciousness.
Armed with this information, consumers can prioritise ethical and sustainable choices. Legislation can further incentivise this shift by promoting the use of recycled and organic materials while restricting harmful chemicals and non-biodegradable fabrics. Innovation in sustainable materials would flourish, minimising the environmental impact of the fashion industry. Ethical labor practices would also become the norm, with legislation enforcing fair wages, safe working conditions, and regulations against child labor throughout the supply chain. Independent monitoring bodies would ensure compliance, holding brands accountable for violations.
A brilliant example that can be used by governments at regional and international levels is the European Commission's Circular Economy Package offers a real-world example of how legislation can drive positive change and forge a better future. This package tackles textile waste by encouraging garment repair, reuse, and the use of recycled materials. It also increases producer responsibility, holding brands accountable for the entire lifecycle of their products, from design to disposal. This incentivizes them to design more durable and recyclable clothing. Additionally, the package standardises waste sorting, making it easier for consumers to participate in a circular fashion economy.
Therefore, the EU's initiative serves as a blueprint for other countries to follow, demonstrating the power of legislation to create a more sustainable and ethical fashion landscape.
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