Specsavers pays out cricketer Kevin Pieterson for ‘Hot Spot bat tampering’ ad during the Ashes

Kevin Pieterson has been awarded a ‘substantial payout’ over a UK Specsavers ad which implied that he may have tampered with his bat during the Ashes.

A Specsavers statement said: “During the 2013 Ashes series we published a ‘Should’ve Gone to Specsavers’ advert which suggested that Kevin Pietersen may have tampered with his bat in an attempt to prevent Hot Spot technology working. We did not intend to imply this suggestion. We accept that this allegation is untrue and that Kevin Pietersen did not tamper with his bat. We apologise unreservedly for any distress and embarrassment our advert has caused to Kevin Pietersen. We have removed the advert from circulation.”

The matter has been settled for an undisclosed sum which Pieterson is said to be donating to charity.

Says Duncan Lamont, head of media and entertainment and partner at London law firm Charles Russell:  “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.”