Q&As

Can you inadvertently feature someone’s property in a TV ad without needing their consent?

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Published on LexisPSL on 06/02/2018

The following TMT Q&A provides comprehensive and up to date legal information covering:

  • Can you inadvertently feature someone’s property in a TV ad without needing their consent?

For the purpose of this Q&A we have assumed that this Q&A is referring to real property—ie a house or similar, rather than something personal like a piece of jewellery, a book or a product containing a trade mark. In conducting this research, we have focused on the property use issue and have not dealt with data protection, privacy or moral rights issues which might arise.

The Advertising Standards Authority (ASA) regulate advertising across all media. They apply the Advertising Codes which are written by the Committees of Advertising Practice (CAP).

We refer you to the CAP guidance Privacy: Landmarks and property. While not binding, this provides a useful best practice. In relation to recognisable property of members of the public, it states:

‘When it comes to the recognisable property of members of the public, marketers should take care not to feature them without permission.

An ad for construction firm which featured images of the complainant’s home alon

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