Skip to main content

News story

November 30, 2022

Embarrassing regulation breach for the MoJ

Businesses must ensure they are on the right side of the regulations when it comes to advertising or posting on social media.

The reminder follows the news that the Ministry of Justice (MoJ) breached advertising rules when they conducted a recruitment campaign to recruit prison officers.

The photograph used in the advert showed a white prison officer interacting with a black inmate. A complaint was made to the Advertising Standards Authority (ASA) because the advertisement perpetuated negative ethnic stereotypes.

The Ministry of Justice (MoJ) is the government department which is responsible for the delivery of the country’s justice system, and its stated aim is to “protect and advance the principles of justice… to deliver a world-class justice system that works for everyone in society”.

When challenged over the advertisement, which ran on Facebook for three months earlier this year, the MoJ explained that the photographs used throughout the ad campaign, of which this was one example, featured real officers and prisoners. They argued that there was no intention to portray a black man as a criminal. It was simply one example of a real person who had been convicted of an offence and should be considered across the whole campaign.

The ASA disagreed with the MoJ’s argument, saying the post should be considered as a stand-alone item, as Facebook users would have experienced it. And they decided that the ad was likely to cause serious offence on the grounds of race by reinforcing negative stereotypes based on the association between black men and criminal activity.

The ASA is the UK’s independent advertising regulator and is responsible for ensuring that ads across UK media stick to the advertising codes written by the ASA’s sister organisation, the Committee of Advertising Practice (CAP).

The advertising codes reflect the law, and the CAP code, which applies to non-broadcast advertisements, sales promotions and direct marketing communications, includes postings on social media.

The MoJ ad breached CAP Code (Edition 12) rule 4.1 (Harm and Offence), which requires particular care must be taken to avoid causing offence in relation to those characteristics protected by the Equality Act 2010 and cover: age, disability, gender, gender reassignment, marriage and civil partnership; pregnancy and maternity; race; religion or belief; sex; and sexual orientation.

In their ruling, the ASA said: We considered the ad’s focus on the positive qualities of the white prison officer and negative casting of the black prisoner was likely to be seen as perpetuating a negative racial stereotype.”

“This ruling demonstrates how important it is to have strong procedures and processes for checking all media activity by an organisation,” said corporate partner Victoria Holland.

She added: “As well as careful checking of advertising and direct marketing campaigns which may be developed by external agencies, commercial organisations need to have clear guidelines and control over their entire social media output.

“It’s not just paid-for content that falls under ASA guidelines, as they also oversee all social media postings, whether on Facebook, Twitter, TikTok, Instagram or elsewhere, making this a minefield to manage whether delivered internally or externally.”

Contact our corporate department today.

Note: This article is not legal advice; it provides information of general interest about current legal issues.

Stay in touch

Subscribe to our newsletter

Stay in touch

By completing your details and submitting this form you confirm you are happy for us to send you marketing communications and that you agree to our Website Privacy Policy and Legal Notice and to us using Mailchimp to process your data.


Sending

News/Insight

  • Pay transparency in recruitment: Is your business ready to disclose salaries?
    Employers may eventually have to provide salary information much earlier in the recruitment process under proposals being considered by the Government.


    Read more
  • Pension inheritance tax changes will increase executors’ responsibilities from April 2027
    From 6 April 2027, most unused pension funds and pension death benefits will be included within the scope of Inheritance Tax. We explain what the changes mean for executors, why estate administration may become more complex and how careful planning c


    Read more
  • What is company record keeping and why is it important?
    Accurate company record keeping is essential for meeting legal obligations, protecting directors and shareholders, supporting business decisions and reducing risk. This guide explains which records companies should maintain, why they matter and the c


    Read more
  • Buying a commercial unit: what you need to know
    Buying a commercial unit can be a valuable step for your business, but it comes with legal, tax, planning and property risks. Brinda Granthrai explains what buyers should consider before committing.


    Read more
  • Pension and inheritance tax changes from April 2027: why now is the time to review your will and estate plan
    From 6 April 2027, most unused pension funds and pension death benefits are expected to be included in a person’s estate for inheritance tax purposes. This article explains what the changes could mean for families, pension nominations, wills, chari


    Read more

What they say...

  • Client, July 2026
    Constructive and empathetic “I contacted Pippa Marshall at RIAA Barker Gillette through a recommendation regarding a family law matter. Pippa was always clear, efficient, empathetic and helpful, offering constructive insights on my situation. I

  • Dino, July 2026
    A lucky professional meeting! “We had an excellent professional experience to recommend to all those who need legal help in the UK.”

  • Client, July 2026
    10-star service from Patrice Lawrence “I cannot encompass in words how brilliant a service and support I have received since working with Patrice. Effective efficiency, exceptional excellence. All this and more. I am grateful that Patrice manag

  • Dino, July 2026
    Unexpected and very valid professional experience “Law firm to be recommended also to non-residents in the UK”

  • Client, July 2026
    Seamless experience “My recent experience with RIAA Barker Gillette was exceptional. They provided considered care, attention to detail, and I felt supported every step of the journey. This was my first time working with a solicitor, and I was

Read more
Send this to a friend