ASA Adjudication on J&S Security Ltd

Ad

A leaflet, promoting security services, included an image of a man wearing a fluorescent jacket. It also included text that stated “Fully uniformed guards, all guards are S.I.A Licensed … S.I.A Licensed Guards”.

Issue

The complainant, whose photograph appeared in the ad:

1. objected that J&S Security had used his image without his consent; and

2. challenged whether the ad was misleading, because it stated that guards were licensed by the S.I.A. whereas he believed that was not the case.

CAP Code

Response

1. & 2. J&S Security (J&S) did not respond in writing to our enquiries but told us over the telephone that they had obtained the complainants verbal consent to use his image in the ad.  They also said that all of their guards were licensed by the S.I.A.

Assessment

1. & 2. Upheld

The ASA noted J&S had not obtained written consent to use the complainants image in the ad. The complainant said he was an ex-employee and had believed the photograph was being taken for an identity card rather than for advertising.  Because J&S had not obtained written consent before portraying the complainant, we considered the use of the image was a breach of the Code.  

We noted J&Ss verbal comments but were concerned that they did not provide evidence to demonstrate that all their guards were S.I.A. licensed.  In the absence of substantiation for the claims, we concluded that they were likely to mislead.       

The ad breached CAP Code clauses 3.1 (Substantiation), 7.1 (Truthfulness), 13.1a (Protection of privacy) and 14.7 (Testimonials and endorsements).

Action

The ad must not appear again in its current form.  We urged J&S Security to obtain written consent before portraying members of the public and told them not to repeat the claims that their guards were licensed by the S.I.A. if they did not hold robust substantiation.

Adjudication of the ASA Council (Non-broadcast)