Request ID: FOI-3135-2223 Date published: 08 March 2023
You asked
RE: Roam advert on underground
Please also inform me, pursuant to s.1 of the Freedom of Information Act 2000:
1. what decision-making and assessment process by TfL took place of the advert in question before permission was given by TfL for it to be displayed on the TfL estate;
2. who made the decision (I do not require their names but only their job titles and roles);
3. when that process took place in respect of the advert;
4. what the decision was and what the reasons for it were; and
5. a copy of any and all records within TfL’s possession or control of the aforesaid decision, the matters which were taken into account in making it and the reasons for it.
We answered
TfL Ref: 3135-2223
Thank you for your request received by Transport for London (TfL) on 10 February 2023 asking for information about one of our advertisements on the Tube.
Your request has been considered in accordance with the requirements of the Freedom of Information Act and our information access policy. I can confirm that we hold the information you require. You asked: On 7 February 2023 I made a complaint to TfL about the content of an advertisement on the Tube. The advert in question advertises lubricant for sexual intercourse manufactured by “Roam”, has a photo of two people naked in bed (from the waist-up but the implication is that they are entirely naked) and bears the slogan “Sex made better”. This advert is in a public place where children are frequently present. The advert is inappropriate for children. Each day that goes by, more children will see this inappropriate advert.
It is a matter of significant public interest and concern that not only have you made a decision to display an advert of this nature but that you are also declining to consider complaints from the public about such an advert and your decision to permit it.
Please also inform me, pursuant to s.1 of the Freedom of Information Act 2000:
1. what decision-making and assessment process by TfL took place of the advert in question before permission was given by TfL for it to be displayed on the TfL estate;
2. who made the decision (I do not require their names but only their job titles and roles);
3. when that process took place in respect of the advert;
4. what the decision was and what the reasons for it were; and
5. a copy of any and all records within TfL’s possession or control of the aforesaid decision, the matters which were taken into account in making it and the reasons for it.
Our Media Partner sent the original advert to the Committee of Advertising Practise (CAP), the sister organisation to the Advertising Standards Agency, to ensure it was in keeping with the UK code for non-broadcast advertising and direct and promotional marketing (the CAP Code). CAP provided guidance to Roam to ensure their advert complies with the CAP Code. The advert was amended, in-line with the advice provided by CAP, and the revised advert was sent to TfL for its final review.
The decision to allow the amended advert to run was made by the TfL copy review group; which is led by the Customer and Revenue Director, and the Chief Customer Officer alongside members of the Commercial Media team, the Press Office, TfL’s Legal department and Corporate Communications. TfL’s copy review group assess referred adverts against TfL’s Advertising Policy which is available on our website: https://tfl.gov.uk/corporate/publications-and-reports/commercial-media. It was approved for display on 12 January 2023. The Advertising Policy is the criteria against which all adverts are assessed; the Roam advert is considered to be compliant.
Please find attached the email sent by the copy review group.
Please note that in accordance with TfL’s obligations under Data Protection legislation some personal data has been removed, as required by section 40(2) of the FOI Act. This is because disclosure of this personal data would be a breach of the legislation, specifically the first principle which requires all processing of personal data to be fair and lawful. It would not be fair to disclose this personal information when the individuals have no expectation it would be disclosed and TfL has not satisfied one of the conditions which would make the processing ‘fair’.
In accordance with the FOI Act, we are not obliged to supply some of the information as it is subject to a statutory exemption to the right of access to information under section 43(2). In this instance the section 43(2) exemption has been applied as disclosure would, or would be likely to prejudice the suppliers commercial interests, as it contains commercial information about the size of the advertisement campaign, print lead-times and other details which would benefit their competitors if disclosed.
The use of this exemption is subject to an assessment of the public interest in relation to the disclosure of the information concerned. We recognise the need for openness and transparency by public authorities, particularly where the expenditure of public money is concerned, but in this instance the public interest in ensuring that we are able to obtain the best value for public money outweighs the general public interest in increasing transparency of our processes.
If this is not the information you are looking for, or if you are unable to access it for any reason, please do not hesitate to contact me.
Please see the attached information sheet for details of your right to appeal as well as information on copyright and what to do if you would like to re-use any of the information we have disclosed.
Yours sincerely
Sara Thomas FOI Case Management Team General Counsel Transport for London
