ASA Adjudication on Sophie Hall Management Ltd
Sophie Hall Management Ltd
Llanfach
Abercarn
Caerphilly
South Wales
NP11 5JX
Date:
13 June 2012
Media:
Internet (on own site)
Sector:
Business
Number of complaints:
1
Complaint Ref:
A12-192915
Ad
A model management website, www.sophiehallmanagement.com, featured photographs of female models at various motorsport events.
Issue
Team Caroline, who believed the photographs implied the company was responsible for supplying the models to the events shown, challenged whether the website was misleading.
CAP Code (Edition 12)
Response
Sophie Hall Management Ltd (Sophie Hall) did not agree the photos implied their company was responsible for supplying the models to the events shown. They said the photos featured various 'Grid Girls' who worked for them as independent contractors at motorsport events. They said the photos had been supplied to them by the models, with permission from the respective photographers who owned the intellectual property relating to them with no imposed restrictions. They said that, to their knowledge, the photos did not appear on any other marketer's website or marketing material, including Team Caroline's, and that no company had notified them of an intention to use the images. They said they did supply models to the motorsport events featured in the photos, although they did not believe it was entirely clear from the photos which specific events they related to. They also said they made no reference on their website to having supplied models to the events, whether implied or otherwise. They also said the events the photos were taken at were open to the general public and that photos relating to them would be in the general domain.
Assessment
Not upheld
The ASA noted the complainant objected that the photos were of models working at events their company had staffed, and they therefore believed they implied Sophie Hall was responsible for supplying the models, rather than Team Caroline. We noted the photos were of models who also worked as independent contractors for Sophie Hall, and that the models had supplied the photos to the company for use on the website. We noted the photos appeared in a part of the website related to "Grid Girls", and that the photos showed the models working at various motorsport events. We noted the website did not make claims that Sophie Hall had supplied models to any particular event, and considered the focus of the photos was on the models rather than the event they were taken at. We also noted that the majority of photos appeared as part of individual model profiles. We considered that consumers would view the photos as illustrating the range of models that Sophie Hall could supply to events, rather than implying they were responsible for supplying the models to the particular events shown. We therefore concluded the website was not misleading.
We investigated the ad under CAP Code (Edition 12) rules 3.1 and 3.3 (Misleading advertising) and 3.7 (Substantiation) but did not find it in breach.
Action
No further action necessary.
