UK Advertising Standards Authority Says Hikvision's UK Government Claims "Appear To Be Illegal"

Published Mar 18, 2024 11:45 AM

While Hikvision advertises that the UK government "endorses the security credentials of Hikvision’s products," the UK's Advertising Standards Authority (ASA) told IPVM that Hikvision's claims "appear to be illegal."

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This report examines Hikvision's claims, IPVM's complaint to ASA, the UK government's response to IPVM, and ASA's recommendation of further action.

For background, see Hikvision Falsely Claims Security Endorsed By UK Government.

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Comments (8)
UM
Undisclosed Manufacturer #1
Mar 18, 2024

Once again Hikvision misleading End Users and Installers in fact the Security Industry to sell products.

One question, “why are the UK Security Media not reporting this” sorry forgot….Hikvision pays the bills through advertising, very irresponsible.

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JH
John Honovich
Mar 18, 2024
IPVM

I think the issue more generally for the UK Security Media, much like the US "Security Media", is that, since they take advertising, they really strive hard to avoid criticizing anyone.

Related, Roy Cooper Speaks About The UK Security Market

(2)
UI
Undisclosed Integrator #2
Mar 19, 2024

Good luck with a complaint to UK Trading Standards. I have some UK local authority enforcement experience and it is extraordinarily unlikely they will pursue this matter.

1. Because Hikvision haven’t provably actually sold anything off the back of this claim (Hikvision don’t sell direct in the UK, they sell through agents and installers),

2. The Crown Prosecution Service are unlikely to bring a case against Hikvision because they’re not nailed-on to win it, plus it’s marginal on the ‘in the public interest’ test,

3. Because their enforcement budget would be exhausted in the first encounters with Hikvision’s legal team.

I assume you are complaining to Hillingdon Trading Standards?

Hillingdon’s enforcement policy is here

loLBH_Enforcement_Policy_Approved_October_20211.pdf

and if they agree with you (and Im not sure I agree with the ASA because they don’t say what is illegal, they are basically an advertising industry supported quango) the most likely outcome will be a strongly worded letter telling Hikvision not to make such a claim again. But probably not even that. And Hillingdon are Conservative controlled so even if Trading Standards recommend prosecution, a pro-business, pro-employment council are unlikely to approve a prosecution of a massive contributor to the local economy because some anti-Chinese Americans are complaining. Joe Biden’s anti-UK stance hasn’t improved the ‘special relationship’ either.

Regulation’s in the UK are strange and, in some cases, can appear toothless (they’re not) but they are what they are and I doubt you’ll see much traction from Hillingdon Trading Standards.

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JH
John Honovich
Mar 19, 2024
IPVM

#2, thanks for the detailed feedback; I'll let Conor respond to the specifics.

Some thoughts, high-level (and this applies to our reporting on US companies such as Evolv and Verkada). One, the act of reporting these things publicly brings positive attention to these issues, which reminds people of risks to consider. Two, any individual effort may not be successful, but we have been doing this long enough to have seen it can have a real impact on governments. Third, it is not that time-consuming or difficult for us to file a complaint or make a statement. Fourth, sometimes asking can result in other actions or coverage or impact that we did not expect.

For any individual effort, the probability is probably in line with what you suggest, but we find it worth the effort to try for a broader, longer-term impact.

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CH
Conor Healy
Mar 19, 2024
IPVMU Certified

It's unfortunate but unsurprising to hear that Trading Standards may be unlikely to pursue. This tends to be the case with US regulators too. John does a good job of explaining why we would report it despite this.

Because Hikvision haven’t provably actually sold anything off the back of this claim (Hikvision don’t sell direct in the UK, they sell through agents and installers),

In this case, Hikvision's claims went on to be touted by UK integrators including ADK Security, and DVS, who posted an oddly enthusiastic video on LinkedIn, noting after explaining Hikvision's letter "so please do get in contact with DVS for all of your Hikvision needs." So, Hikvision may have sold off the back of this claim, though I don't have numbers to that effect.

The Crown Prosecution Service are unlikely to bring a case against Hikvision because they’re not nailed-on to win it, plus it’s marginal on the ‘in the public interest’ test

Agreed regarding the unlikelihood of a case since it may not be a clear victory, though I hope it would do well on the public interest test as you have a nationally-distributed misrepresentation of an endorsement by the UK government of a company your government has identified as a national security risk. If it lands on someone's desk who sees it that way, I think they will see the public interest as high.

Because their enforcement budget would be exhausted in the first encounters with Hikvision’s legal team.

I suspect you mean this hyperbolically but yes in general the significant disparities between what the government can spend on cases versus the defendant is a big problem in the US too that shouldn't but does affect what cases are pursued.

Interesting about Conservatives at Trading Standards, that's good to know.

unlikely to approve a prosecution of a massive contributor to the local economy because some anti-Chinese Americans are complaining

For the record, Will is Canadian and I am Canadian and Irish, and we are not "anti-Chinese" though we have been critical of China's government and its state corporations.

UI
Undisclosed Integrator #2
Mar 19, 2024

You clearly don’t understand how LOCAL government works in England. And you’re only complaining in England because it’s slightly different in Scotland, Wales and Northern Ireland. Trading Standards is a delegated LOCAL government enforcement function and they have to fund the prosecutions they bring and they have a budget. And that budget is miniscule. So unless they are absolutely guaranteed to recover their costs (and they wouldn’t in this case) they won’t bring a prosecution. If they tried to do it, and they lost, and the court awarded costs to Hikvision, the local authority would have to foot the bill and that means rate-payers footing the bill through Council Tax.

Any attempt to bring a prosecution through Trading Standards it would have to be in line with the council’s enforcement policy (Section 11 of the document I posted) and your allegations don’t seem to meet any of the criteria and then you have to get it past the committee, who are elected councillors and won’t be voting to harass people in the local area that contribute to the council’s budget through taxes and employ people locally and nationally. It’s not a vote-winning move. And Conservatives are not USA “conservatives”.

And in your McCarthyite fervour to destroy Hikvision you really think you can PROVE sales based on what was written? It won’t work. At best, you’re wasting the time of a hard-pressed TSO who probably has some actual criminals to track down and prosecute, rather than folks who are just trying to make the UK a safer place.

If you really believe that Hikvision have done something illegal in the UK, go to the Police (for Hikvision HQ in Uxbridge you want the Metropolitan Police, New Scotland Yard) and make a complaint. They will investigate and if Hikvision have actually broken the law, they will ask the CPS to prosecute (and then you’re back to public interest and 51% chance of successful prosecution). And IPVM is an American organisation. Individuals might not be US citizens but it’s a USA based and owned organisation, dictating what’s right and wrong to another country based on the national interests of the USA. Thats what NDAA is all about, not human rights (I’ve still yet to hear if you’re campaigning against the suppliers of surveillance cameras to the Guantanamo Bay Detention Centre) and people in other countries aren’t stupid, despite what you appear to think. You’d think a Canadian and an Irish Canadian would understand the perils of colonialism.

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JH
John Honovich
Mar 19, 2024
IPVM

not human rights (I’ve still yet to hear if you’re campaigning against the suppliers of surveillance cameras to the Guantanamo Bay Detention Centre)

Wow, that escalated quickly...

The Hikvision / Guantanamo Bay comparison is not close because Hikvision's direct involvement (development and contracting) is far greater in oppressing ethnic minorities than any surveillance company we have found, except for Dahua.

Recapping some of the highlights:

Hikvision Markets Uyghur Ethnicity Analytics, Now Covers Up

Hikvision Wins Project Requiring Ramadan Alerts Against Minorities

Hikvision Uyghur Recognition, NVIDIA-Powered, Sold To PRC China Authorities

Hikvision Hired Attorney Admits Its Police Contracts Target Uyghurs

UI
Undisclosed Integrator #2
Mar 20, 2024

So let’s look at your false claim that the ASA stated that Hikvision’s actions ‘appear to be illegal’. That’s not what they said, they said “The ASA isn’t entitled to investigate claims that appear to be illegal” which isn’t the same thing at all. In fact, haven’t you just done exactly what you’re accusing Hikvision of?

And thanks for the Hikvision stuff ad nauseam, where are your principles on human rights with regard to the Muslims locked up in the Guantanamo Bay Detention Centre? You can’t cherry-pick which surveillance camera companies to go after - or can you? It appears you can. And I’m pretty sure that even if Hikvision had built the Guantanamo Bay detention centre you still wouldn’t be bringing it up because it’s politically difficult.

I’ve never defended the Chinese government’s actions - they are appalling - but what you are doing is beyond reason. It’s genuinely like the McCarthy witch-hunts and once China is politically rehabilitated you’ll not be quite so enthusiastic, I’m sure.

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