ASA Adjudication on O2 (UK) Ltd

Ad

A TV ad, for O2 (UK) Ltd’s (O2) streetmap.co.uk service, featured a man throwing a bubble around a cityscape. The cityscape progressively folded in on itself until it became a street atlas. A voiceover said “Always know where you’re going with streetmap.co.uk free on your mobile. Only for O2 customers.” Onscreen text stated “Terms apply. Free via 2112. Subject to coverage and compatible handset. UK Only. Offer ends 21.08.06.”

Issue

T-Mobile (UK) Ltd thought the ad was misleading because:

1. the unqualified use of the word "free" implied that the service was permanently free. They believed the text, which stated only that the "Offer ends 21.08.06" could be seen by viewers as a reference to the deadline for subscription to the free service rather than to the end of the free service;

2. it did not state that customers would have to pay browsing charges; and

3. the voiceover stated that the service was "Only for O2 customers." They said other networks had access to streetmap.co.uk via their mobile internet services.

BCAP TV Code

Response

1. O2 (UK) Ltd (O2) said viewers would not infer that the streetmap.co.uk offer was permanently free and added that they had received no complaints from customers. They pointed out that the ad featured an end date to the offer in the onscreen text and argued that it gave no indication that the service was permanently free. O2 argued that had the offer been "free forever" they would have used that claim in their ad and pointed out that those customers who called 2112 to take advantage of the free offer were told through a recorded message "Streetmap will be free until 21 August 2006." They explained that, after 21 August 2006 the service was charged on a subscription basis of £0.50 per month on i-mode. O2 maintained that it was reasonable to expect customers to understand that they would be charged for the service once the promotional period had ended.

2. O2 said browsing charges did not apply to customers who accessed the service via i-mode on 2112 for the duration of the promotion; they pointed out that onscreen text stated free via 2112.

3. O2 said the reference to the service being available "Only for O2 customers" was based on the fact that the free offer was available only to O2 customers and that they had entered into an agreement with streetmap.co.uk to give their users exclusive access to a new mobile-dedicated version of the website, which was different from the service available to other network users.

The Broadcast Advertising Standards Clearance Centre (BACC) said they agreed with O2s comments.

Assessment

1. Complaint upheld

The ASA noted the voiceover stated "Always know where youre going with streetmap.co.uk free on your mobile."  We understood that the service was available free for the duration of the offer period, which ended on 21 August 2006, after which a monthly charge applied along with standard browsing charges.  We considered that the onscreen text "Offer ends 21.08.06" in conjunction with the claim "Always know where youre going…" could lead viewers to infer that the streetmap service would continue to be free if they signed up before 21 August 2006 as opposed to the service being free up to that date.  Because the ad was not clear in that respect, we concluded that it was likely to mislead.

On this point, the ad breached the CAP (Broadcast) TV Advertising Standards Code rule 5.1 (Misleading advertising).

2. Complaint not upheld

We noted browsing charges did not apply if customers used the service via 2112 during the offer period and considered that that was adequately explained in the onscreen text.  Because browsing charges did not apply during the promotion period, we concluded the ad was unlikely to mislead.

On this point, we investigated the ad under the CAP (Broadcast) TV Advertising Standards Code rules 5.1 (Misleading advertising), 5.2.4 (Use of the word free) and 5.2.3 (Qualifications) but did not find it in breach.

3. Complaint not upheld

We noted O2s streetmap.co.uk service differed from that available to other networks internet services in that it had been adapted specifically for use via mobile browsers, for instance, customers could download maps directly to their phones. Although we understood that other networks users could access the standard version of streemap.co.uk, we considered that because O2 customers had free access to a mobile dedicated version of the website for the duration of the offer the claim "Only for O2 customers" was unlikely to mislead.

On this point, we investigated the ad under the CAP (Broadcast) TV Advertising Standards Code rule 5.1 (Misleading advertising) but did not find it in breach.

Action

The advertising must not be broadcast again in its current form.

Adjudication of the ASA Council (Broadcast)