ASA Adjudication on T2 Direct Ltd

Ad

A reader offer in the Radio Times was headlined "The easiest way to transfer VHS video and camcorder recordings to DVD". Further text stated "High definition-upscaling DVD player … so now you can … experience higher definition DVDs thanks to the upscaling DVD player … plays DVDs using latest digital component output with progressive scan and HDMI upscaling (up to 1080i) to your TV for higher definition playback".

Issue

The complainant, who noted the upscaling process could not convert images from a standard DVD into true high-definition images, objected that the ad was misleading because it implied the product could play high definition DVDs such as Blu-ray.

CAP Code (Edition 11)

Response

T2 Direct argued that the key word was "upscaling" which in their view was now very well understood by customers and retailers alike. They gave a definition, taken from a website, that stated "Upscaling is a process that mathematically matches the pixel count of the output of a standard or non hi-def signal (such as standard DVD) to the physical pixel count on an HDTV, which is typically 1280x720 (720p) or 1920x1080 (1080i - and, some cases, 1080p)."  They said the word "upscale" implied that the machine took something original or standard and improved it, and that the phrase "experience higher definition DVDs, thanks to the upscaling DVD player" meant people would experience higher quality playback, compared to the performance of a normal DVD player that did not upscale.  They asserted that the ad contained nothing to mislead the customer into thinking that the unit actually played Blu-ray HD DVDs, and that they had done everything possible to state exactly what the product did: it played DVDs to a higher definition than a standard DVD player by upscaling the image.  They pointed out that they referred to "up to 1080i" in the text.

They said the terms "High Definition" or "Higher Definition" did not refer only to Blu-ray DVD players, and maintained that, because their upscaling DVD player played DVDs at a higher definition than a standard, non-upscaling, player, it was therefore also a High Definition DVD player.  They argued, however, that they always qualified the use of the words "high-definition" or "higher-definition" by adding the word "upscaling".

T2 Direct said they had sold over 8,000 units with no other complaints, and believed that showed the ad was not misleading.  They gave examples of other manufacturers that described their products as "High-Definition Upscaling DVD players".  They said the ad also stated "functions with HD and non-HD TVs" and pointed out that, given the press coverage that Blu-ray had received, customers would be unlikely to think that a Blu-ray DVD could be played on a non-HD TV.

The Radio Times did not comment on the complaint.

Assessment

Not upheld

The ASA noted, when the machine played a standard DVD, the upscaling process created extra lines of pixels to match the number of lines available on a high definition television screen by examining surrounding pixels and therefore estimated how the image should look at a higher resolution.  We also noted the image would not be equal in quality to that produced by playing an HD or Blu-ray DVD, where each of the 1080 lines on the screen would contain unique information.  We understood that the upscaling process could never achieve true high definition-quality playback, since information could be retained or lost in the conversion process from the original DVD, but not created.   

We considered that most readers would be aware that true high definition would be achieved only by playing Blu-ray or HD DVD.  We noted the ad did not refer to those formats but merely to DVDs.  We also noted the use of " high definition-upscaling" and "higher-definition" as opposed to high-definition or HD in isolation.  We considered that readers would understand from the ad that they could view their existing standard DVDs in higher quality than on a standard DVD player.  We concluded that the ad was unlikely to mislead.

We investigated the ad under CAP Code clauses 3.1 (Substantiation) and 7.1 (Truthfulness) but did not find it in breach.

Action

No further action necessary.

Adjudication of the ASA Council (Non-broadcast)