Sneaky unbranded Tory leafelting on TfL - epic fail!

[Dogkennelhillbilly]

A leaflet titled "Transport for London bailout facts - Important message for Londoners - Why TfL needs a second bailout and how it will affect you". The fonts, colours and layout are lookalikes to TfL's own corporate style (although not exactly the same). The leaflet (in brief) describes how Khan is doing a terrible job and how TfL's woes are mostly due to Khan's mismanagement and not Covid. It suggests you visit the website www.tflbailoutfacts.com

But the leaflet isn't published by TfL. In fact, it doesn't say which organisation is responsible for it at all. In an epic fail, the website doesn't work (not just for me - I checked on IsItDown). Only if you look at the tiny print at the bottom of the back cover will you see the message that the leaflet is "promoted by Kerry Halfpenny on behalf of Shaun Bailey". And only if you Google their names to find out who they are, you discover they're an election agent for the Tories and a candidate for Mayor.

All in all, pretty embarrassing. It sets a sad tone for the beginning of the campaign. It just makes it look like:

- the Tory brand is so toxic not even their candidate wants to use it

- the Tory team is happy to mislead voters and suggest their election material is published by TfL when it's not

- the Tory candidate is so inept he can't even sort out a website before he starts promoting

https://www.isitdownrightnow.com/tflbailoutfacts.com.html

[colville09]

Is that legal? Surely it is a classic case of 'Passing off' (an Internet explanation is 'happens when someone deliberately or unintentionally passes off their goods or services as those belonging to another party. This action of misrepresentation often damages the goodwill of a person or business, causing financial or reputational damage')I would think a complaint to the electoral Commission in order.

[Dogkennelhillbilly]

I suspect it's probably technically legal because of the tiny text at the back. It's a bit sneaky though.

[legalalien]

Don?t like the sound of it. Can you post a pic?

[legalalien]

https://www.electoralcommission.org.uk/sites/default/files/2020-02/GLA%20Part%204%20-%20The%20campaign.pdf

Here?s the electoral commission stuff which covers the ?imprint? requirement ie the wording you refer to but they do say that they don?t otherwise regulate campaign content and can?t comment on its legality.

Don?t think it would be passing off territory as there?s no element of passing off the promoter?s services as tfl goods/ services.

Looks like the Electoral Commission are concerned but probably legal?

https://www.electoralcommission.org.uk/who-we-are-and-what-we-do/elections-and-referendums/past-elections-and-referendums/uk-general-elections/report-2019-uk-parliamentary-general-election-was-well-run/depth-campaigning-2019-uk-parliamentary-general-election#misleading-campaign-techniques-risk-undermining-voters?-trust

[Jules-and-Boo]

Have you sent it to TFL/ City Hall? just take a photo and email it

[Dogkennelhillbilly]

legalalien Wrote:

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> Don?t like the sound of it. Can you post a pic?

I took a couple on my phone but I can't work out how to make the image size small enough to post! I'll try to do it later on my big computer.

[Dogkennelhillbilly]

Let me know if this works and you can see the attachments now.

[diable rouge]

Yep, thanks for posting...