“As a private person, I have a passion for landscape, and I have never seen one improved by a billboard. Where every prospect pleases, man is at his vilest when he erects a billboard. When I retire from Madison Avenue, I am going to start a secret society of masked vigilantes who will travel around the world on silent motor bicycles, chopping down posters at the dark of the moon. How many juries will convict us when we are caught in these acts of beneficent citizenship? —David Ogilvy, founder of the Ogilvy & Mather advertising agency, in Confessions of an Advertising Man, 1963” – An excerpt from Naomi Klein’s No Logo.
There’s some questions on social media about the erection of various giant-sized corporate logos around the island, on various key landmarks. The first one I believe went up on Seon Place the other day, however most of the focus (and, I think it should be said, concern) is on Gibbs Hill Lighthouse.
Quite a few people are pointing out the apparent hypocrisy between the Government recently clamping down on various breaches of the Advertising Regulations Act 1911 and this America’s Cup advertising campaign.
So, why is the America’s Cup advertising okay?
The answer to this lies in the exemptions, regarding advertising, granted in the America’s Cup Act 2014 (which Bernews pointed out). Specifically, the exemptions in question are in Part 2 of the Act ‘Concessions & Exemptions’:
3 – In relation to advertising of and at the Bermuda Events, ACEA and its designated commercial partners, and the Teams and their designated commercial partners, shall be exempt from –
(a) sections 2, 3, 4 and 6(c) of the Advertisements Regulation Act 1911;
(b) section 14(4) of the Development and Planning Act 1974;
(c) the Motor Car (Control of Design, Colour and Advertising Matter) Regulations 1952; and
(d) sections 3 and 4 of the Alcohol Advertisement (Health Warning) Act 1993.
I won’t go into detail on (c) above, however I thought it might be educational for readers to understand what the other exemptions above are. So below, to save people the trouble of going through all the various Acts themselves, are the relevant sections relating to advertising that the America’s Cup Act 2014 allows.
Advertisements Regulation Act 1911
Section 2 (Restriction of exhibition of advertisements)
No person shall, except as otherwise provided by this Act, exhibit any advertisement, upon or over any land except –
(a) advertisements upon any land relating solely to any entertainment, meeting, auction or sale to be held upon, or in relation to such land or to any property thereon; or
(b) announcements of the sale or letting of such land; or
(c) announcements or copies of any proclamation or official notice published by authority of the Governor, the Supreme Court, any Justice of the Peace, either branch of the Legislature, any Government Department, any Government Board, or any officer holding a commission in Her Majesty’s Forces; or
(d) announcements or notices duly published by proper authority of any meeting of freeholders or others for any parliamentary, municipal or parochial election, or other purpose; or
(e) advertisements or announcements upon any land, within either municipal area, being land duly licensed for the exhibition of advertisements by the respective municipal corporations : Provided that in all such excepted cases, the advertisements shall not contain letters, effigies, figures or other advertising emblems exceeding twelve inches in height; or
(f) advertisements or announcements exhibited inside a display window of an agent’s business premises of any business, entertainment or occurrence in respect of which such agent acts; or
(g) advertisements or announcements exhibited inside of any shop, store or place of business, other than any public vehicle or ferry boat; or
(h) advertisements relating to the sale of land at auction or otherwise; or
(i) advertisements relating to the arrival or departure of any ship belonging to or employed by any line or company the ships of which ordinarily ply between Bermuda and elsewhere; or
(j) advertisements published in any book, newspaper, magazine, calendar or periodical; or
(k) announcements, in letters not exceeding fifteen inches each in height or width, of the business name of the company, firm or person carrying on business on the premises and the general character of the business carried on therein.
Section 3 (Illuminated and other signs visible from street; sky-signs)
(1) No person shall –
(a) erect upon, or fix to, or exhibit above, any land, any advertisement supported on or attached to, any post, pole, standard, framework or other support which, or any part of which, or the support of which, is visible against the sky from some point in any street or public way; or
(b) use or exhibit any kite, balloon, parachute or other similar device, employed wholly or in part for the purpose of any advertisement or announcement, over any land or street; or
(c) exhibit any flashing or illuminated sign which is visible to any person on any public street or public way.
(2) For the purposes of subsection (1)(a), an advertisement, the uppermost part of which is no higher than the roof line of any building on the plot on which it is situate, shall not be deemed to contravene the provisions of that paragraph.
(3) For the purposes of subsection (1)(c), an “illuminated sign” means a sign used or intended to be used for the purpose of advertising the lettering or design of which is illuminated from within the components constituting the lettering or design.
Section 4 (Vehicle exhibiting advertisements; sandwich man)
No person shall –
(a) act, or employ any other person to act, as a sandwich man or for similar purposes to walk through any public street or highway, solely or chiefly for the purposes of exhibiting advertisements; (b) in any public street or highway draw, wheel, ride or drive any vehicle used solely or chiefly for the purpose of exhibiting advertisements.
Section 6 (Corporation of Hamilton)
The Corporation of Hamilton may grant a licence in respect of any land within the municipal area of the City of Hamilton, for the purpose of posting, placing or exhibiting advertisements:
Provided that –
(a) before any licence is granted in respect of any land not the property of the Corporation, the permission of the owner or occupier shall be first obtained;
(b) any such licence shall be subject to such terms, conditions and notice of discontinuance as the Corporation may deem expedient; and
(c) the space on any hoarding, or other structure used for advertising purposes, shall not exceed six feet in height.
I’ll post in a separate article what those other exemptions are, as I think this post is long enough as it is.
NB – Only subsection (c) of section 6 (Corporation of Hamilton) above is relevant as regards the America’s Cup Act 2014, however I felt it wouldn’t make sense without reading it in the context of the entire section.
So, what do you think? Are you happy with these big advertisements going up on our landmarks? Are you looking forward to the other exemptions relating to advertising still to come?
This post is essentially a public service announcement, an ‘educational’ article. Happy to hear people’s views on it all though.
If anyone wants to read Ms Klein’s excellent book ‘No Logo’, this link opens to a pdf version of it.