May 2004
The ASA adjudicates over potentially offensive BT ad
British Telecommunications published a magazine advertisement featuring a mock-up business card titled "Steve Greenall & Sons" with the wording "Unreliable Undependable Unobtainable" between images of a ladder and a hammer. The punch line of the advertisement stated "With BT Business Plan you're using the telecommunications network witht eh largest capacity in the UK". An IT consultant called Steve Greenall complained to the Advertising Standards Authority objecting to the use of his name in the BT advertisement claiming that the use of his name was offensive and potentially damaging to his reputation.
BT explained that the advertisement was part of a larger campaign that used plausible but fictitious business names with unflattering statements about the services provided by an imaginary business. BT claimed that they had chosen names that they thought to be uncommon. Efforts had been made to avoid using legitimate business names by conducting trade mark searches, checking the records at the Companies House and conducting internet searches as well as searching through various directories. No match for a company name including the name Greenall was found. After the complaint BT withheld publishing further copies of the advertisement with Steve Greenall's name.
The ASA noted that the advertisement featured a business card with images of a ladder and a hammer which were in no way related to the business of Steve Greenall, who traded in IT. The ASA considered that it was unlikely that anyone would confuse Steve Greenall in the advertisement with the real Steve Greenall. The ASA did not object to the advertisement and concluded that the advertisement was not likely to damage Steve Greenall's work or reputation.
Briffa Comment:
The ASA is an independent body set up by the advertising industry to police the rules for non-broadcast advertisements, sales promotions and direct marketing. The strength of the self-regulatory system lies in both the independence of the ASA and the support and commitment of the advertising industry. The ASA administers the British Code of Advertising, Sales Promotion and Direct Marketing (The CAP Code) to ensure that advertisements are legal, decent, honest and truthful.
It is important to consider the implications that advertisements might have and if in any doubt carry out thorough clearance work (e.g. trade mark and company name searches) in order to ensure compliance with the CAP Code as well as other regulations and legislation which may affect the proposed advertising campaign. If you require more information please contact Briffa.