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J&S Security had a leaflet promoting its security guards
with an image of a man in a fluorescent jacket, with text saying:
'Fully uniformed guards, all guards are SIA Licensed.' The
person appearing in the photo was an ex-employee of J&S and
objected that he had not consented. He also questioned whether
J&S was SIA licensed. The Advertising Standards Authority asked
J&S for their comments. J&S did not respond in writing, but
over the telephone claimed that it had obtained verbal consent of
the employee. The ASA said that was not good enough and breached
the CAP Code. The ex-employee said he had only ever consented to
his photo being used for ID purposes. The ASA also ruled that the
company breached the CAP Code because it had failed to prove that
all guards were SIA licensed.
The CAP Code is a code of practice governing the content of
adverts and marketing communications, and it is administered by the
ASA. Although the Code does not have legal force, it is best
practice to comply with it, as failure to do so can result in bad
publicity and ultimately an inability to obtain advertising
space.
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
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