Advertising & Marketing: Imitation Or Rip Off? 118 118 Runs Into Trouble Over 70s Athlete Caricature Ad.

By Rafi Azim-Khan and Mark Daniels

Ofcom's Content Board have upheld the Independent Television Commission's finding that runner David Bedford's complaint, against UK TV commercials for the 118 118 directory enquiry service, was well founded.

Background

In a series of television commercials for its service, The Number (UK) Limited ("the Number") featured two moustachioed runners sporting 70s style kit each bearing the racing number 118.

Mr Bedford, a 70s athlete and one-time holder of the world record at 10000m, complained to the Independent Television Commission ("ITC") that the advertisements caricatured him by way of a comically exaggerated representation of him. His complaint was made under section 6.5 of the Advertising Standards Code ("the Code"), which protects individuals from being "portrayed, caricatured or referred to in advertisements without their permission".

Outcome

The Number had appealed an earlier finding of the IPC in favour of Mr Bedford. The Content Board dismissed the appeal. It found that as a matter of fact the 118 118 runners did caricature David Bedford. The running kit worn by the 118 118 runners consisted of red socks, sky blue shorts with gold braiding and a vest with 2 hoops, which was almost identical to the running kit worn by David Bedford. Their hairstyle and facial hair was equally similar. The Number had not sought or obtained David Bedford's permission to be caricatured and these facts constituted a breach of rule 6.5 of the Code.

The Content Board also held that Mr Bedford was not stopped from pursuing his complaint even though he had been interviewed and pictured with the 118 118 runners at the start of the series of advertisements and had even commented in a national newspaper that: "It's a bit of funÖThey're even wearing the type of shorts I used to wearÖExcept I filled mine a bit better". The Content Board found that this was not sufficient to amount to a representation that he would not complain about the advertisements as his interview took place before he had seen them.

Comment

Advertisers are continually looking for new inspiration and ways to make their ads stand out from the competition. This often involves pastiche or parody. However, although imitation can often be the sincerest form of flattery, if you are the subject of the imitation, or ideas of yours are "borrowed" you may not view it as flattery, rather rip off. Add to that the right of individuals not to be portrayed without...