Protection of Privacy and Exploitation of the Individual

14 Protection of Privacy and Exploitation of the Individual

Advertising must not claim or imply an endorsement where none exists.

Advertisers are urged to obtain written permission in advance if they portray, refer or allude to living individuals in any advertisement. Clearance given will be on the basis that it is recommended that such permission is sought.

Advertisers who have not obtained prior permission from those featured should ensure that they are not portrayed in an offensive, adverse or defamatory way. Additionally, portrayals and references should not interfere with those individualís private or family lives: legal advice is strongly advisable. In cases of doubt, legal advice must be obtained prior to clearance being given that the person concerned is unlikely to have any successful legal claim.

Even if the advertisement contains nothing that is inconsistent with the position or views of the person featured, Licensees and advertisers should be aware that those who do not wish to be associated with the advertised product may have a legal claim.

References to anyone who is deceased should be handled with particular care to avoid causing offence or distress.

References to, and portrayals of, people active in politics should be carefully worded; they can easily fall foul of the requirements of the Communications Act 2003 (and Section 2, Rule 15) that political matters must be treated impartially and that advertisements must not be directed towards any political end.

Impersonations, soundalikes, parodies or similar take-offs of celebrities are only permissible where this device is instantly recognisable as such and where it could be reasonably expected that the persons concerned had no reason to object. Nevertheless, advertisers are urged to obtain advance permission and/or seek legal advice before clearance. Copyright permission should be sought for references to, or portrayals of, well-known characters or their names or persona.