ASA Adjudication on MXR Ltd

Ad

A leaflet, published by MXR, was entitled “ESSENTIAL GUIDE TO DIGITAL RADIO” and was available in Currys and online at www.getdabdigitalradio.com. It included a section headed “10 reasons to get DAB digital radio”. A sub-heading stated “GREAT SOUND”; text beneath the heading continued “If you really love music, you want interference-free digital-quality sound – and that’s what DAB delivers. Forget the hiss, crackle and pop of analogue, just sit back and enjoy great listening all the time …”.

Issue

The complainant challenged whether the claims "GREAT SOUND" and "digital-quality sound" misleadingly exaggerated the quality of digital radio currently available because he believed digital radio was currently broadcast at low quality in the UK to maximise the number of stations in the available bandwidth.

CAP Code (Edition 11)

Response

MXR explained that the commercial radio industry adhered to the regulations laid down by Ofcom, which were to broadcast to a minimum of 128 kbts for a stereo broadcast and 64 kbts for a mono broadcast.  They said research carried out by the Digital Radio Development Bureau (DRDB) highlighted the fact that 88% of DAB digital radio owners cited sound quality as 'good or excellent'.  They argued that the phrase "digital-quality sound" was a statement of fact; the sound quality from a digital radio being that which consumers could expect from a digital product; and added that the statement "GREAT SOUND" was subjective.  They said, in view of the results of the DRDB research, "great" was an appropriate term to describe most users experience of digital radio sound.  

MXR referred to a recent Ofcom report entitled "Radio - Preparing for the future", which incorporated "Results of audience research", a study conducted by Market and Opinion Research International (MORI).  One section, headed "DAB users [sic]  experiences", described how users "realised there would be better quality reception and sound from the [DAB] units, but were surprised how good the sound was ...  Respondents particularly liked the fact that the signal did not 'drift', that there was no interference or crackling, and that the sound was 'crisp' and crystal clear".  MXR pointed out that, in the study, 56% of users cited better sound quality as the most important advantage of listening to digital radio.  

MXR pointed out that the leaflet contained references to a postcode checking facility, which allowed consumers to check reception of digital radio in their area to be sure of coverage before purchase.  In summation, because they believed most current DAB digital radio owners rated their sound quality so highly, MXR felt they would undermine the product if they did not capture this benefit in marketing material.  

Assessment

Not upheld

The ASA noted the complainants concerns about the quality of digital radio currently broadcast in the UK. We conisdered, however, that in the context of a leafelt intending to persuade consumers to "get DAB digital radio", most readers would understand the term "GREAT SOUND" to be an expression of opinion and "digital-quality sound" to be representative of users' general experience of digital radio, in contrast with that of analogue radio, with particular reference to "hiss, crackle and pop" interference. Although we understood that hiss- and crackle-free sound depended largely on coverage and signal reception, we considered that, because readers were directed in the leaflet to check reception in their region before purchase , there was little chance of consumer detriment.

We investigated the leaflet under CAP Code clauses 3.1 (Substantiation), 7.1 (Truthfulness) and 8.1 (Matters of opinion) but did not find it in breach.

Action

No action required.