December 9, 2019

CAP reminds marketers that disability is a protected characteristic under The Equality Act 2010 and is listed in the Codes as something that advertisers must ensure they do not present in a way that is likely to cause serious or widespread offence.

CAP’s advice note groups together three key things to avoid:

• do not mock disability, or people with a disability: even if it is meant as a “light-hearted joke”, ads that are likely to be interpreted as mocking disability or people who have a disability will be a problem and likely to cause serious or widespread offence. Any content that could be seen to belittle people with a disability or imply that they cannot perform everyday tasks will be problematic and mimicking individuals with a focus on their disability is a no-go;
• do not present negative stereotypes about people with disabilities: presenting negative and erroneous stereotypes or making any other negative generalisations about disability should always be avoided. A Halloween costume that featured restraining shackles and belt and a restraining face mask was advertised as an “Adult Skitzo Costume”. The ASA felt that this presented negative stereotypes of a mental illness by implying that those who suffered from schizophrenia were violent and murderous; and
• do not trivialise or make light of disability: using disability in a flippant way in advertising will be seen as trivialising the issue and is likely to cause offence. A Paddy Power ad was upheld by the ASA because the use of the pun “MONEY BACK IF HE WALKS” used in relation to the trial of Oscar Pistorius made light of disability.

Ads for charity are often given more leeway by the ASA when assessing the likely offence caused. Charity ads can often include hard-hitting messages and these can be more effective if presented in a way that may have been problematic if used by a commercial company. For example, the Disabilities Commission used the text “I’M GOOD FOR NOTHING” alongside an image of someone with a disability. In the context of an ad that highlighted and challenged the misconceptions that people have about those living with a disability this direct approach was not considered problematic by the ASA.

As well as ensuring that ads do not cause offence, they must not mislead. Ads may be misleading if the omit material information and in some circumstances, accessibility details may be considered material. Whether this is the case or not will differ on a case by case basis, but you should consider whether this information is necessary for the consumer to make an informed decision. To read CAP’s advice note in full, click here.