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Advice The Home Office Essay

1113 words - 5 pages

Through this problem question, I will investigate the nature of the advertisement put forward by the Home Office. There are various legal issues that will be addressed in association with the advertisement, its relation to the Advertising Standards Authority (ASA) and Committee of Advertising Practice (CAP).

Through the advertisement put up by the Home Office in association to gaining asylum in the United Kingdom on religious grounds, we see that there are various legal issues that arise. These legal issues are in relation to aspects such as social responsibility, freedom of expression and misleading statements. Taking a look at the advertisement as a whole, I see that there have not ...view middle of the document...

To prevent any negative reaction from the ASA, I would advise the Home Office to increase the font size of ‘or face arrest’ aspect of the poster so that people would definitely see it. People may complain over the font size but looking at the CAP codes, we see that there are no specific codes that regulate the font size of the poster. The ASA says that it should be visible for a normal sighted person and by making it slightly larger it would be more effective. The next legal issue that may be raised is that of freedom of expression, there may be some complaint against the words used in the poster but we have to understand that there is a degree of freedom of expression that is allowed and this facet of freedom of expression can be seen in the case of Casado Coca v Spain (1994). The court held that freedom of expression under Article 10 of the European Convention of Human Rights (ECHR) was applicable for commercial speech and therefore is acceptable in this circumstance. We also have to be careful as the ASA is allowed regulation towards freedom of expression as prescribed by law, this can be seen through the Matthias Rath case. I would advise the Home Office that the advertisement would not be breaching the CAP codes in this aspect. The next legal issue is in relation to misleading information, the poster says that there has been no person that has ever been granted asylum in the UK based on religious beliefs but if we look at the bottom of the poster we see that it says that one person has been granted asylum on these grounds. People may argue that this information is misleading as the evidence shows that someone has been granted asylum and that it breaches rule 3.1 of the CAP code. Advising the Home Office, we could say that the advertisement may not be misleading as they have mentioned that only one person has been given asylum on their religious beliefs, not tried to mislead anyone as well as they have substantiated their poster claims. The CAP code does not mention any minimum font size for the...

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