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

  • A spotlight on child arrangements in the UK
    Celebrating National Children’s Day.


    Read more
  • How should an employer respond to a ‘heat of the moment’ resignation?
    Employers should remember that a 'heat of the moment' resignation should be treated differently from those that come in the usual course of business. They are often verbal and unexpected and usually follow a workplace disagreement. To do otherwise ma


    Read more
  • An Introduction to Private Client Law
    Lasting Powers of Attorney


    Read more
  • Understanding financial provisions on divorce
    Divorce can be emotionally challenging, and navigating the financial aspects can add to the challenge.


    Read more
  • Digital divorce: the highs and lows
    According to figures from the Ministry of Justice, digital divorce applications rose by 20% in the year following the introduction of no-fault divorce (2022 to 2023).


    Read more

What they say...

  • Deborah Mendel-Lion, May 2024
    “My house sale was dealt with extremely efficiently and professionally [by Martin Alfreds] with the minimum of stress. All correspondence was handled by return and I was informed of the progression of the sale promptly.” Residential sales

  • Peter W, May 2024
    “Patrick Simpson provided first class support when I experienced redundancy. I couldn’t have asked for more. Demonstrating his superior knowledge and experience and explaining everything to me with crystal clarity. Efficient and timely with a

  • Mr Rose, April 2024
    “The firm acted for me in an employment matter where the issues were as much practical as legal. The advice given was thorough and clear, marrying black letter law to the practicalities. This helped me greatly in achieving a satisfactory outcom

  • Brian Higgins, April 2024
    “Patrick was excellent, responded quickly and gave concise, clear advice. He made the process very straightforward.” Employment

  • J. Cassell, April 2024
    “We were advised by Charlotte Barbaroussis. Her dealings were very professional. She was pleasant easy to deal with and very approachable. Her help during the process of setting up my wife’s and my will made the task a lot easier.”

Read more
Send this to a friend