Ad description
A claim on www.netflix.com stated "Watch TV programmes & films anytime, anywhere". The claim appeared on four different flash images; the first image showed a family watching the TV in the living room; the second featured a woman using the Netflix service on her laptop; the third image showed two young children watching a movie/programme on a tablet; and the forth image included a man accessing the service on his smart phone whilst sitting in the park.
Issue
The complainant challenged whether the claim "Watch TV programmes & films anytime, anywhere" was misleading and could be substantiated, because they were not able to access the service in Spain.
Response
Netflix stated that the claim, along with the images, was intended to convey the freedom associated with their streaming service. They said that members were not restricted in their ability to access films and programmes at any time of day and could do so in different sorts of places, indoors or outdoors, at home or elsewhere. They said that this was indicated in the images on the landing page, which included their service being watched on a TV in a family room, on a computer, on a tablet or on a smart phone.
Netflix believed that the average consumer was likely to interpret the ad as being for a service that would allow them the freedom to watch a programme at any time and in any sort of place at their leisure, via internet streaming. They considered that the average consumer would not interpret the claim literally, and would understand that "anywhere" did not mean absolutely everywhere in the world, as there would always be certain restrictions. Furthermore, they highlighted that the FAQ section of their website informed consumers about in which countries the Netflix service was available.
Assessment
Not upheld
The ASA acknowledged that Netflix based the claim, "Watch TV programmes & films anytime, anywhere" on the basis that consumers could use the service to watch films or programmes in various environments and on numerous devices and that the images in the ads showed such a variety of places and devices. We considered that this would be interpreted by consumers as indicating that they could watch a film or programme at a time convenient for them, regardless whether or not they were at home. The ad made no specific claims that the service could be used abroad and, given that the claim was made in the context of the images showing how the service might be used, we considered that it was likely that consumers would regard "anywhere" as meaning "anywhere you go in your daily life and not just at home" rather than "anywhere in the world". We therefore concluded that the ad was not misleading.
We investigated the ad under CAP Code (Edition 12) rules
3.1
3.1
Marketing communications must not materially mislead or be likely to do so.
3.3
3.3
Marketing communications must not mislead the consumer by omitting material information. They must not mislead by hiding material information or presenting it in an unclear, unintelligible, ambiguous or untimely manner.
Material information is information that the consumer needs to make informed decisions in relation to a product. Whether the omission or presentation of material information is likely to mislead the consumer depends on the context, the medium and, if the medium of the marketing communication is constrained by time or space, the measures that the marketer takes to make that information available to the consumer by other means.
(Misleading Advertising),
3.7
3.7
Before distributing or submitting a marketing communication for publication, marketers must hold documentary evidence to prove claims that consumers are likely to regard as objective and that are capable of objective substantiation. The ASA may regard claims as misleading in the absence of adequate substantiation.
(Substantiation) and
3.11
3.11
Marketing communications must not mislead consumers by exaggerating the capability or performance of a product.
(Exaggeration) but did not find it in breach
Action
No further action necessary.
