ASA Adjudication on The Digital Radio Development Bureau
The Digital Radio Development Bureau t/a
getdigitalradio.com
The Radiocentre
77 Shaftsbury Avenue
London
W1D 5DU
Date:
31 March 2010
Media:
Radio
Sector:
Leisure
Number of complaints:
3
Agency:
ELVIS
Complaint Ref:
103383
Ad
A radio ad about digital radio claimed “This is an advert for DAB Digital Radio. If you were listening to me on a conventional analogue ..." The sound of radio interference interrupted the speaker momentarily. The voice-over then continued "... radio you might very well hear strange noises ..." Further sounds of radio interference followed. The voice-over continued "... which would ruin your enjoyment of your favourite programme ..." More interference sounds were audible. The voice-over continued "... meaning you might miss out on the crucial …" (radio interference sounds could be heard once more) "... but with a DAB Radio you can enjoy crisp, clear digital sound. To find out more and discover loads more stations visit getdigitalradio.com. Prices start from £24.99. Digital Radio, get more from your radio”.
Issue
Three listeners complained that the ad was misleading because they believed that if the digital radio signal was poor, the broadcast would be interrupted.
BCAP Radio Code
Response
The Digital Radio Development Bureau (DRDB) said that the ad did not state that Digital Audio Broadcasting (DAB) radio could be received everywhere. They said the ad talked about specific interference issues which may affect analogue radios and not DAB radios. They said that, in analogue radio transmissions, the signal gradually faded towards the edge of a coverage area until it got lost in the background noise, which could also happen in reception black spots in the coverage area, and that as the signal faded so did the audio signal from the radio. They said that, because DAB was a digital technology which was either on or off, the signal was always the same right up to the coverage limit. They said DAB used single frequency networks technology where the same programme was transmitted from a number of sites and DAB sets added the signals from all the transmitters together, reducing gaps, whereas in an analogue network gaps between transmitters caused the signal to fade in and out as one moved around.
They said, within each digital station's reach, a digital radio was not subject to the background hiss and interference that might be audible with an analogue radio and it was only when the listener was not in a digital station's coverage area that the signal dropped out. They said some areas were non-reception areas for DAB, and to ensure that listeners were not misled about individual local and national station reception, the radio ad carried a link to the DRDB website where there was a postcode checker that warned potential listeners of areas where they might not receive specific stations with the heading "Stations You Are Fairly Likely to Receive".
DRDB said that as an analogue radio signal faded, the signal to noise (hiss) ratio changed and the level of hiss behind the signal became more audible. They said electrical interference from fridges, thermostats, motors or light switches could also cause crackle on analogue radio whereas digital radio was not susceptible to this. They said the other interference referred to in the ad was intrusion of pirate radio broadcasters that listeners might hear on analogue radio. They said, because there was no low-grade cheap equipment available for DAB, pirates were not able to broadcast on digital radio.
DRDB said the ad sought to promote the fact that DAB radio was hiss and crackle free and they believed it was reasonable and responsible.
The Radio Advertising Clearance Centre said they believed the ad compared analogue radio sound quality with digital radio sound quality in a general way and did not claim or imply that all sound degradation was eliminated in all circumstances with digital radio. They believed the ad did not give the impression DAB listeners would never experience any DAB signal interruption and considered most listeners would know and appreciate that digital signals were likely to drop out in built-up areas and amongst tall buildings. They said they did not think the ad was misleading.
Assessment
Upheld
The ASA accepted that signal interference leading to hissing and crackling was something that might affect analogue but not digital radio. However, we understood that, for example, if listening to digital radio whilst travelling, the digital signal could drop out when entering a built-up area or walking between tall buildings. We considered that the claim "... If you were listening to me on a conventional analogue ..." interference could "... ruin your enjoyment of your favourite programme ..." and "... you might miss out ..." gave the misleading impression that listeners would never experience any interruption to a DAB signal when that was not the case.
The ad breached CAP (Broadcast) Radio Advertising Standards Code rules 2 - 3.1 (Misleading advertising).
Action
The ad must not appear again in its current form.
Adjudication of the ASA Council (Broadcast)