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Bulletin 09/6  
Batch No. 189  
Ref 12117  
Product Leisure  
Advertiser Keith Wiseman Photography  
Agency  
Medium Consumer Magazine  
Complaint
Advertisement:
The advertisement printed in Business Limerick March edition 2009 was for Keith Wiseman Photography. It featured two wedding photographs, one with the headline ‘Keith Wiseman award winning photographer’.

Complaint:
The complainant, a client of Keith Wiseman Photography, said that a photograph from her wedding, featuring the bride groom and two guests, had been used in the advertisement. She objected to the advertisement as she said that the advertiser had not sought her permission to use her photograph in his advertisement.
2006 Code

2.32  

2002 Code

    

Response
The advertisers said that they had understood that they had verbal permission to use the photograph but accepted that they had not requested nor obtained written permission.
Conclusion
Complaint Upheld.

The Complaints Committee considered the detail of the complaint and the advertisers’ response. They noted that the advertiser did not have written permission of the persons portrayed in the advertisement and that the advertisement was therefore in breach of the Code.

Action Required:
The Complaints Committee told the advertisers not to reuse the photograph without the permission of the people in it and reminded all advertisers that they should have the written permission in advance from living persons portrayed or referred to in a marketing communication.