Note: This advice is given by the CAP Executive about non-broadcast advertising. It does not constitute legal advice. It does not bind CAP, CAP advisory panels or the Advertising Standards Authority.
Marketers may feature national flags but should bear in mind that flags that are defaced, torn, or in any way modified could cause offence, especially to sensitive groups (Rule 4.1). Another cause of offence is the use of national flags and national or historical symbols in a commercial context but the ASA has never pursued complaints made along those lines. Marketers should avoid using flags to imply official recognition or endorsement if none exists and should take care not to use national emblems in a way that misleadingly implies a national origin.
CAP understands that, under English law, intellectual property (IP) problems are unlikely to arise from using flags, not least because of the age of the flag. A newer flag, such as one created for a country within the last 70 years, however, might be protected by copyright as a graphic work and could, theoretically, infringe IP law. Marketers might want to seek the advice of a lawyer if they have concerns about the use of flags in advertising.
Marketers wanting to use the Royal Arms and Emblems must not do so without prior permission from the Lord Chamberlain’s office (Rule 3.52)
The ASA understands that the organisation Historic Royal Palaces has a memorandum of understanding with the Royal Household that HRP would not endorse commercial companies or products. The ASA investigated two complaints about the use of images of Yeomen implying endorsement by the Tower of London but did not uphold them because it considered that no direct endorsement was implied (Aer Lingus Ltd, 25 July 2007, and Norwich Union Insurance Ltd, 25 July 2007). The use of those images is not necessarily acceptable: marketers should not imply endorsement.
See also‘Bank Notes, Reproduction of’.
Last modified : 29 March 2012