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.
The Code states that marketers should advertise jobs only if they are genuine vacancies. Sometimes readers wrongly infer or marketers wrongly imply that jobs are available whereas what is really on offer is merely the opportunity to obtain information or register interest.
One of the ways marketers can mislead is by advertising under the wrong heading; for example, ads for training courses or business opportunities that appear in the “situations vacant” columns could confuse readers about what the ad is offering.
Another way is when third parties, such as casting agencies, use woolly or ambiguous language such as “Extras Wanted” (Hidden Faces 7 April 2004), “Top production company … seeking hot new female R&B singer …” (Pop Sensations Ltd, 11 February 2004), “We are looking for …” or similar. That is a problem especially in the entertainment business, where hopefuls are enticed into contacting an agency because they have wrongly thought employment was on offer. Often what is on offer is the opportunity to register with an agent or agency (usually for a fee). In 2005, the CAP Compliance team worked closely with publications such as The Stage to ensure that those types of marketers stated that they were an agency and that fees or costs were payable. The Stage helpfully created a designated section for those types of ads to help avoid misleading readers.
Also, words that are usually associated with contracted employment, such as “salary” can mislead readers if they are used to advertising self-employment opportunities.
In short, marketers who are not offering vacancies should not imply that they are. In 2005, the ASA upheld a complaint about an ad that claimed “18k Basic. Mgmt Trainees. Intl Co seeks 30 motivated people for mgt career …”. The advertisers was unable to show either that the management trainee positions were available or that successful candidates would earn £18,000 (La Maison D’essence, 2 February 2005).
Marketing communications for homework schemes or business opportunities can also mislead if they are poorly written or give confusing or incomplete information about what is on offer. Readers should be clear that they are not applying for a job vacancy (A Walton & Associates, 19 November 2003).
Last modified : 03 August 2010