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
Legal provisions providing privacy include:
- breach of confidence;
- human rights legislation;
- Data Protection Act 1998; and
- various industry codes.
This article looks at industry codes, namely advertising codes, only.
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