choof.org

Choof.org is Chris Hoofnagle's personal site. You'll find postings from the Federal Register here, interesting Washington regulation tidbits, and my newest feature, the Daily Data Marketing Wake Up Call. Enjoy.

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October 08, 2003

Billboards An Invasion of Privacy

Some time ago, Stay Free! Magazine published an essay by 1960s ad-man Howard Gossage. In it, Gossage rejects aesthetic arguments against billboards, and instead argues that billboards are a coercive form of advertising that violate individuals' privacy. Check it:

"...there is a very real question whether it has title to its domain. Outdoor advertising is peddling a commodity it does not own and without the owner’s permission: your field of vision. Possibly you have never thought to consider your rights in the matter. Nations put the utmost importance on unintentional violations of their air space. The individual’s air space is intentionally violated by billboards every day of the year.

"But doesn’t everything visible violate one’s air space? Not at all. Visibility is not the only consideration. The Taj Mahal, street signs, the Golden Gate Bridge, a maze of telephone wires, even a garbage dump–however they may intrude on the eye–are not where they are merely to waylay your gaze; they have other functions as well. A billboard has no other function, it is there for the sole and express purpose of trespassing on your field of vision. Nor is it possible for you to escape; the billboard inflicts itself unbidden upon all but the blind or recluse. Is this not an invasion of privacy? I think it is, and I don’t see that the fact that a billboard is out-of-doors make the slightest difference. Even if it were possible for you to not look at billboards if you didn’t so choose, why in the world should you have to make the negative effort? Moreover, this invasion of your privacy is compounded in its resale to a third party. It is as though a Peeping Tom, on finding a nice window, were to sell peeps at two bits a head.

"Thus we see that what the industry has to sell doesn’t really belong to it. It belongs to you...

Posted by chris at October 8, 2003 11:25 AM

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