Brand owners have been warned about using celebrity jokes in their advertising after England cricketer Kevin Pietersen was awarded “substantial” damages over a Specsavers ad which implied he might have tampered with his bat.
The company used a photo of Pietersen in its long-running “Should have gone to Specsavers” ads in August – and on its Twitter and Facebook accounts – shot in a style of the “hot-spot” camera.
But it was forced to apologise at London’s High Court for the distress and embarrassment caused, after accepting the 33-year-old did not behave in the manner suggested. Specsavers also agreed to pay the Surrey player substantial damages and his legal costs, which he has donated to charity.
Duncan Lamont, a partner at law firm Charles Russell, said: “Advertisers must be careful when dealing with issues such as these and be aware that the law does not allow the belief that ‘it was a joke’ as a defence. In libel law intention is irrelevant and in the eyes of the law is little different to making a bomb threat ‘joke’ in an airport; while it may seem hilarious to the maker, the joke may fail to raise a smile with the victim of the gag.
“The responsibility of proving the truth of allegations such as breaking sporting rules must be able to be proven by a publisher before an advert is issued so as to ensure that the integrity of a sportsperson is not brought into question. Courts and comedy just don’t mix.”
