MTN Internet still World Class: ASA
Earlier in 2011 Cell C lodged a competitor complaint against MTN for the use of the words “World-class Network” and “World-class Internet” in its advertising.
The Advertising Standards Authority of South Africa (ASA) upheld the complaint in contexts where MTN made specific claims about speed, but dismissed it when used as general “puffery.”
For example, MTN is not allowed to make the claim “this [network] upgrade would give you faster e-mail, quicker online banking, Facebook and much more” without providing substantiation.
However, MTN was allowed to continue with advertising such as, “Get World-class Internet on your smartphone.”
Cell C appeals
Cell C appealed the ASA’s ruling, saying that the body made a mistake when it found that the phrase “world-class Internet” is subjective in the absence of further context in the advertisement.
Romans "Best pizza" campaign
In the original ruling, the ASA cited a matter between Romans and Scooters Pizza where Romans referred to their pizza as “the best.”
Cell C argued that the ASA’s basis for its original ruling did not apply in the MTN “World Class” case as the dictionary definition of “world class” gives objective meaning to the thing it’s describing, that is, of a quality or standard regarded as high throughout the world.
The use of the phrase “best pizza,” Cell C said, was regarded as subjective because “what is my best pizza may not be your best pizza.”
MTN responds to the appeal
In response, MTN continued to argue that use of the word “world-class” to describe its Internet offering of network will only require substantiation in circumstances where it is qualified by reference to speed.
Without a reference to speed, MTN said that the expression is a puff and is a subjective expression of opinion.
MTN World-class Internet advertising
ASA ruling
The Advertising Industry Tribunal dismissed Cell C’s appeal, saying that they agree with the ASA Directorate’s original finding that MTN’s claim is really an expression of opinion and will be interpreted as such by the hypothetical reasonable consumer.
According to the ruling, the tribunal did not discount the possibility that the use of the descriptor “world-class” for a product or service may constitute a factual claim requiring substantiation.
However, in the case of the statement, “Get World-class internet on your smartphone,” the tribunal ruled that it does not constitute a factual claim and dismissed the appeal.
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