ASA Adjudication on Microsoft Corporation

Ad

A TV ad for Microsoft showed a young boy holding a digital camera and sitting next to a laptop computer. The boy said "I am Lewis and I shot a picture of my rabbit and I'm going to send it to my Auntie". The boy plugged the cable from the camera into the laptop on which photographs from the camera were shown being uploaded. He then looked at the photograph of the rabbit and altered the exposure of the image before sending an e-mail to his Aunt, with the image already attached. While the boy was using the laptop he said "You plug the thing in, ta-da! You click this. This is my rabbit ‘Sausage’ and that's Sausage's bum! Hi! Then you fix it. Send. She's going to laugh!". On-screen text stated "PHOTO SHARING PIECE OF CAKE PC ". The boy said "I’m PC and I'm 5 years old".

Issue

The complainant objected that the ad was misleading because he believed there were more complex steps involved in the process than those that were shown in the ad and that a five-year-old would not be able to use the software without technical assistance.

BCAP TV Code

Response

Microsoft Ltd (Microsoft) said all of the material processes involved in using the software were included in the ad.  They explained that the only minor steps omitted were the insertion of an e-mail address and the creation of a title in the subject line, which they believed to be procedures that were universally understood by consumers.  They provided images of the processes involved when using the software alongside the equivalent frames of the ad which illustrated those steps. They said this demonstrated that no visual techniques or special effects were used in the ad to make the process look simpler than it actually was.

They stated that although the five-year-old boy (Lewis) featured in the ad had been taught how to use the technology, he had genuinely carried out the procedures shown in the ad himself.  They said a large number of studies and reports had been produced showing that children can, and do, use PCs from an early age and that Lewis was perfectly capable of using the Microsoft Live software shown in the ad.

Clearcast said they were satisfied that the evidence supplied by Microsoft demonstrated that children would be able to use the software shown in the ad and that no significant steps had been omitted from the process.

Assessment

Not upheld

The ASA noted the significant procedures required in order to import, auto adjust and send a basic photograph by e-mail were all detailed in the ad and considered that they were accurately represented with no major steps omitted.   We considered that there was no suggestion in the ad that Lewis had learnt how to use the software himself and that most viewers would understand that he had been taught how to use it and was subsequently able to able to carry out the tasks. We therefore concluded that the ad was unlikely to mislead.

We considered the ad under CAP (Broadcast) TV Advertising Code rules 5.1.1, 5.1.3, 5.2.2 and 5.4.1 but did not find it in breach

Action

No further action necessary.

Adjudication of the ASA Council (Broadcast)