ASA Adjudication on SW1 Talent

Ad

A regional press ad, for an auditions session, stated "MODEL & EXTRAS (WE WANT YOU) We are looking for the new generation of talent for modelling, film extra, reality TV, promotional, dance, photographic, magazine/brochure and many more areas … We are looking for new people from the age of 1 to 65 of all different shapes and sizes".

Issue

The complainant challenged whether the ad was misleading because it:

1. did not make clear that people had to pay an upfront fee to take part in the auditions;

2. suggested that work was available. The complainant understood that the advertisers merely offered to refer clients to other agencies; and

3. did not make clear that SW1 Talent was an agency.

CAP Code (Edition 11)

Response

SW1 Talent did not respond to the ASA's enquiries.

Assessment

The ASA was concerned by SW1 Talent's lack of response and apparent disregard for the Code, which was a breach of CAP Code clause 2.6 (Non-response).  We reminded them of their responsibility to respond promptly to our enquiries and told them to do so in future.

1. Upheld

We noted a pre-registration form, given to people at the audition, stated that they were required to have a portfolio of photographs that SW1 Talent would supply at a cost of £179.00.  The form stated that the cost of the portfolio would be refunded if SW1 Talent did not find the applicant work within the first year.  We considered that the need to pay for a portfolio was a significant condition that should have been stated in the press ad.  We concluded that the ad was likely to mislead.

On this point, the ad breached CAP Code clauses 7.1, 7.2 (Truthfulness), 52.2 and 52.3 (Employment and business opportunities).

2. Upheld

We noted the ad stated "WE WANT YOU" and referred to SW1 Talent looking for applicants.  We considered that the ad suggested that work was available, through SW1 Talent, for successful applicants.  Because we had seen no evidence that work was available, we  concluded that the ad was likely to mislead.

On this point, the ad breached CAP Code clauses 3.1 (Substantiation), 7.1, 7.2 (Truthfulness), 52.2 (Employment and business opportunities).

3. Upheld

We noted the pre-registration form stated that SW1 Talent promoted and found their clients representations from agencies in the UK.  We considered that SWI Talent was an agency and noted the CAP Code stipulated that an employment agency must make its status clear in marketing communications. Because the ad did not make clear SW1 Talent was an agency, we concluded that the ad breached the Code.

On this point, the ad breached CAP Code clause 52.3 (Employment and business opportunities).

Action

The ad must not appear again in its current form. We asked CAP to advise its members of the problem with SW1 Talent's ad.

Adjudication of the ASA Council (Non-broadcast)