Vodacom vs MTN – you win some, you lose some

MTN lodged a complaint with the Advertising Standards Authority of South Africa (ASA) against a Vodacom commercial which claims the operator has the best and widest mobile network. The ruling was split between the two companies.
The Vodacom commercial, which features a fictional family called “The Khumalos”, makes the following claims:
- One person expresses her frustration over her network’s (not Vodacom’s) dropped calls and lack of service;
- Vodacom has the widest network coverage, so you get quality connections;
- That means less dropped calls so you don’t waste money or get frustrated;
- Vodacom has the best and fastest 3G and LTE network for smartphones;
- Vodacom is the best network in South Africa; and
- You should switch to Vodacom now and get the best internet and calling experience.
MTN’s complaint against Vodacom
MTN’s complaint stated that it is impossible for Vodacom or any other network to substantiate the blanket, unqualified claims that they have the best network.
“The claims imply that Vodacom’s network is the best at all times, in all regions of the country. This, however, is simply not true,” MTN said.
Vodacom responds
Vodacom responded saying that MTN’s argument that a “best” claim implies a network must be best at all times in all regions is fundamentally flawed.
“Vodacom claims to have the best network, not a perfect network,” Vodacom said.
Vodacom also submitted a report from Michael Charnas of Catalyst Research & Strategy in support of its claims, together with several supporting documents.
ASA ruling
Disparagement – Vodacom wins
MTN argued that the Vodacom commercial makes disparaging remarks about MTN and its products. This was “because MTN is Vodacom’s only direct competitor in the smartphone market, because … it is the only other network that offers both a 3G and LTE network nationally”.
The ASA said that MTN’s argument is flawed, and no direct reference is made to MTN. This part of the complaint was dismissed.
Overall, Vodacom has the best and fastest 3G and LTE network for smartphones – Vodacom wins
The ASA found that the claim “Overall, Vodacom has the best and fastest 3G and LTE network for smartphones” is currently substantiated. MTN’s complaint was dismissed.
Vodacom has “less dropped calls” – Vodacom wins
The ASA found that a confidential report from ATIO supports Vodacom’s claim to have the least dropped calls. This claim is therefore substantiated, and MTN’s complaint is dismissed.
Vodacom has “the best internet and calling experience” – Vodacom wins
The ASA found that Vodacom’s claim to have “the best internet and calling experience” is contextualised by the claims “the best and fastest 3G and LTE network for smartphones” (i.e. internet experience) and “less dropped calls” (i.e. calling experience).
The ASA said that Vodacom is within its right to claim to provide “the best internet and calling experience”. MTN’s complaint was dismissed.
“Vodacom has the widest network coverage” – Vodacom loses
The ASA found that the claim “Vodacom has the widest network coverage” is currently unsubstantiated. Vodacom was ordered to withdraw this claim with immediate effect.
“Vodacom is the best network in South Africa” – Vodacom loses
The ASA found that the claim “Vodacom is the best network in South Africa” is currently unsubstantiated. Vodacom was ordered to withdraw this claim with immediate effect.
Sanctions against Vodacom – Vodacom wins
MTN argued that additional sanctions against Vodacom are warranted, arguing that Vodacom should be prohibited from misleading the public.
The ASA was not convinced, and ruled that additional sanctions against Vodacom are not warranted at this time.
More on Vodacom, MTN and ASA complaints
Fastest mobile network in South Africa
The widest 3G network in South Africa battle