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Privacy - Advertising Codes


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Although there is no specific right to privacy in the UK, increased media attention is leading an increasing number of celebrities to assert their right to privacy. As a result, existing laws are evolving. Whether they will prove to be sufficiently flexible remains to be seen, but for now there is no growing pressure on the UK courts or Parliament to develop a free-standing privacy right.

Legal provisions providing privacy include:

  1. breach of confidence;
  2. human rights legislation;
  3. Data Protection Act 1998; and
  4. various industry codes.

This article looks at industry codes, namely advertising codes, only.

Advertising Codes
The Advertising Standards Code of the Independent Television Commission provides that with limited exceptions, living people must not be portrayed, caricatured or referred to in advertisements without their permission. It was held that the '118 118 Runners' television advertisements breached that code by caricaturing Olympic runner David Bedford without his permission.

Similarly, the British Code of Advertising, Sales Promotion and Direct Marketing provides that marketers should not unfairly portray or refer to people in an adverse or offensive way. Convicted quiz show cheats, Charles Ingram and his wife, complained to the Advertising Standards Authority ('ASA') that their privacy had been invaded when an Easyjet advertisement featured a photograph of them with the caption "Need a cheap getaway? No major fraud required." However, the ASA ruled, in that case, that the advertisement did not depict them unfairly or adversely, but in a manner consistent with the verdict in their fraud case.

Riyaz Jariwalla is a solicitor who specialises in intellectual property law and commercial litigation.

About the Author

Lawdit Solicitors offer services and advice for litigation, commercial contracts, Intellectual Property and IT legal agreements. We are experts in commercial law with a heavy emphasis on Intellectual Property, Internet and e-commerce law. Lawdit is a member of the International Trademark Association, the Solicitors' Association of Higher Court Advocates and we are the appointed Solicitors to the largest webdesign association in the world, the United Kingdom Website Designers Association.

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Article Published/Sorted/Amended on Scopulus 2008-05-28 23:24:10 in Legal Articles

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