Telkom Do Broadband / C Eslick & Others / 10163
Ruling of the : ASA Directorate
In the matter between:
MR CHRISTOPHER ESLICK MR WILLIAM DRAPER MR G MCCARTHY MR CRAIG FERGUSON MR C.S MASTOROUDES MR D WISE MISS TRACEY WILD MR RAYMOND ANTHONY BASSON MR DA PRETORIUS MR S LEE MR J BUIST MR W MEDCALF MR HERMAN DU TOIT MR MORRIS GOODMAN MR JIMMY SNY Complainant(s)/Appellant(s)
Telkom SA Limited Respondent
14 Feb 2008
Consumer complaints were lodged against Telkom’s television commercial and Internet advertisement promoting its Do Broadband Internet access.
The complainants also referred to print, radio and billboard advertisements. The respondent however only submitted copies of the Internet advertisement and television commercial.
The Internet advertisement contains, inter alia, the wording “Free access to
www.dobroadband.co.za gives you: Gaming, Music, Entertainment Africa, Self Help…”
The television commercial depicts a man watching a war video game and a voice states, inter alia, “Do the connection, do the speed and do gaming like never before…”
COMPLAINT
In essence, the complainant submitted that the advertisement is misleading, as it gives an impression that watching movies and playing games etc. is acceptable with its Internet service whereas this is not true as it is against the respondent’s Acceptable User Policy to do such things.
RELEVANT CLAUSE OF THE CODE OF ADVERTISING PRACTICE
In light of the complaint Clause 4.2.1 of Section II (Misleading claims) was taken into account.
RESPONSE
The respondent submitted that the Acceptable User Policy (AUP) was valid before the launch of the campaign in question. It will withdraw the AUP.
ASA DIRECTORATE RULING
The ASA Directorate considered the relevant documentation submitted by the respective parties.
The ASA has a long standing principle which holds that where an advertiser provides an unequivocal undertaking to withdraw or amend its advertising in a manner that addresses the concerns raised, that undertaking is accepted without considering the merits of the matter.
The complainants main concern is that the advertisement is misleading, as it gives an impression that watching movies and playing games etc. is acceptable with its Internet service whereas the respondent’s AUP prohibits such things.
The respondent has now undertaken to withdraw the AUP. It therefore appears that there is nothing stopping the service users from, inter alia, watching movies and playing games provided that the respondent is able to supply that service. The respondent’s undertaking therefore appears to address the complainant’s concerns, and there is therefore no need for the Directorate to consider the merits of the matter.
The undertaking is accepted on condition that the AUP as objected to is:
* Withdrawn with immediate effect within the deadlines stipulated by Clause 15.3 of the Procedural Guide; and
* Not used again in future in a manner that contradicts the respondent’s advertising.
