Background
Summary of Council decision:
Two issues were investigated, both of which were Upheld.
Ad description
A TV ad for BT Sport showed Jake Humphries walking into various scenes in which consumers were watching BT Sport on TV, including scenes set in a barber's shop and a pub. One consumer was also shown watching BT Sport on his tablet computer. On-screen text displayed from second 17 to second 25 of the ad stated "UK residential only. Watch Online 400kps speed on BT TV with Infinity or Sky Digital Satellite Platform (12 month min BT Broadband term on TV). Terms apply". At the end of the ad, the voice-over stated "£12 a month for Sky customers or Free with BT Broadband". Symbols depicting a TV, a computer and a satellite dish appeared on screen.
Issue
The ASA received five complaints:
1. TalkTalk and a further three complainants challenged whether the ad was misleading, because it did not make sufficiently clear that BT Sport was only available to view online unless customers also had access to Sky Digital or BT TV with Infinity.
2. One complainant challenged whether it was misleading for the ad to feature scenes set in businesses, because he understood that BT Sport was not free to business customers.
Response
1. British Telecommunications plc (BT) said they had understood from previous contact with the ASA that when making explicit references to watching BT Sport on TV they should highlight the platforms which enabled customers to watch BT Sport on their TV for free, and that it was sufficient to do so in qualifying text. They said the ad included on-screen text which stated "Watch Online 400kps speed on BT TV with Infinity or Sky Digital Satellite Platform (12 month min BT Broadband term on TV)" and that they believed this made clear that customers were required to have either Infinity broadband and BT TV, or the Sky Digital Satellite Platform, to watch BT Sport on TV. They said the symbols of a TV, a computer and a satellite dish shown at the end of the ad highlighted the different ways to watch BT Sport and large text informed viewers they could find BT Sport at a specific Sky channel.
Clearcast said they believed the on-screen text made clear what platforms customers were required to have in order to watch BT Sport on TV. They said this was recapped in the voice-over at the end which stated, "£12 a month for Sky customers or Free with BT Broadband".
2. BT said they did not agree that the ad targeted business customers in relation to the free BT Sport offer. They said that the vast majority of viewers would understand that the free-flowing nature of the ad, which combined a series of locations, was about emphasising the collective enjoyment of watching BT Sport in different, but incidental, locations. They said the ad contained no call to action for business customers to take advantage of the offer and that on-screen text stated "UK residential customers only". They said the ad was presented as a proposition to consumers, rather than to business customers. They said the final scene, which showed Jake Humphries sitting down with two non-business customers also made clear who the promotion was targeted at. They said the ad did not contain a call to action for business customers.
Clearcast said they did not believe the ad targeted business customers, and that the scenes shown in the barbers and pub were incidental only. They said this was reinforced by the on-screen text "UK residential only".
Assessment
1. Upheld
The majority of scenes in the ad showed people watching BT Sport on TV, although one person was also shown watching it on his tablet computer. In this context the ASA considered that most viewers would interpret the ad as primarily promoting BT Sport on TV. Whilst on-screen text stated "Watch Online 400kps speed on BT TV with Infinity or Sky Digital Satellite Platform (12 month min BT Broadband term on TV)", this did not make clear that BT Sport could only be watched on TV by BT Infinity broadband customers who also had BT TV, or by Sky TV customers, and that the "free" offer would only enable BT broadband customers to watch BT Sport online, unless they fulfilled those requirements. We considered that this was important material information in the context of an ad for a "free" offer, and that the qualification should also have been made clear at the point the offer was referenced in the voice-over, whereas the on-screen text had appeared at an earlier point in the ad only. Because we considered the on-screen qualification did not make clear that BT Sport was only available to view online unless customers also had access to Sky Digital or BT TV with Infinity, and because it was not shown at the time the "free" offer was referenced in the voice-over, we concluded the ad was misleading.
On this point the ad breached BCAP Code rules
3.1
3.1
Advertisements must not materially mislead or be likely to do so.
and
3.2
3.2
Advertisements must not mislead consumers 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 consumers need in context to make informed decisions about whether or how to buy a product or service. Whether the omission or presentation of material information is likely to mislead consumers depends on the context, the medium and, if the medium of the advertisement is constrained by time or space, the measures that the advertiser takes to make that information available to consumers by other means.
(Misleading advertising),
3.10
3.10
Advertisements must state significant limitations and qualifications. Qualifications may clarify but must not contradict the claims that they qualify.
(Qualification) and
3.25
3.25
Advertisements must make clear the extent of the commitment consumers must make to take advantage of a "free" offer.
Advertisements must not describe items as "free" if:
(Free).
2. Upheld
The ad contained various scenes where BT Sport was shown being watched on TV, and these included two business scenes, a barbers and a pub, to which we understood the "free" offer would not apply. Although on-screen text shown at one point in the ad stated "UK residential only" we considered this contradicted the impression made by the two business scenes that the ad was also applicable to business customers. The "free" offer promoted in the ad was not available to BT business customers and we considered that, in this context, it was misleading to feature scenes in businesses. We therefore concluded the ad was misleading.
On this point the ad breached BCAP Code rules
3.1
3.1
Advertisements must not materially mislead or be likely to do so.
and
3.2
3.2
Advertisements must not mislead consumers 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 consumers need in context to make informed decisions about whether or how to buy a product or service. Whether the omission or presentation of material information is likely to mislead consumers depends on the context, the medium and, if the medium of the advertisement is constrained by time or space, the measures that the advertiser takes to make that information available to consumers by other means.
(Misleading advertising),
3.10
3.10
Advertisements must state significant limitations and qualifications. Qualifications may clarify but must not contradict the claims that they qualify.
(Qualification) and
3.25
3.25
Advertisements must make clear the extent of the commitment consumers must make to take advantage of a "free" offer.
Advertisements must not describe items as "free" if:
(Free).
Action
The ad must not be broadcast again in its current form. We told BT to ensure that ads for BT Sport "free" offers included a clearly worded qualification that BT Sport was only available to view online unless customers also had access to Sky Digital or BT TV with Infinity and that this was displayed at the time the offer was referenced. We also told them to take care if featuring scenes of BT Sport being watched in businesses in such ads if the offer did not apply to BT business customers.
