Ad description

A TV ad promoted a TV service accessed via the internet. The voice-over stated, "Whatever keeps you from your TV, with YouView you can simply scroll back the last seven days and watch the programmes you've missed, straight from the guide. It's catch-up, with your feet up. YouView Extraordinary TV for everyone." On-screen text stated "T&Cs apply. Subject to coverage. May require aerial upgrade. Recommended min 3Mb broadband. Channel logos currently unavailable. Not all programmes available from past 7 days. UTV catch up unavailable. Limited ITV content in NI".

Issue

Two complainants, one of whom lived in an area with a broadband speed of 1.1 Mbps, challenged whether the claim "Extraordinary TV for everyone" was misleading and was contradicted by the on-screen text "Recommended min 3Mb broadband".

Response

YouView TV Ltd stated that the phrase "Extraordinary TV for Everyone" was an integral and long-standing element of their brand and was unlikely to be taken literally by the average consumer. They said it built on the premise that they offered a subscription-free TV platform for everyone, and also noted that all features of a YouView box were available to consumers regardless of the route through which they purchased it (whether through a retailer or an internet service provider) and which network they used. They said the on-screen text in the ad qualified the claim by making clear material requirements for the product, including the recommended broadband speed. They said the ad did not exaggerate the capability of the service or guarantee its performance, and therefore the on-screen text did not contradict the claim "Extraordinary TV for Everyone".

In relation to the recommended minimum broadband speed, YouView TV commented that the service could operate with line speeds considerably lower than 3 Mb, but that they had decided to recommend a higher threshold so that consumers would achieve a persistently high level of performance if other users were sharing the broadband connection. They also stated that YouView boxes had to be purchased either from a retailer or an internet service provider, and during that process consumers would undergo checks in relation to their broadband speed. Furthermore, a line speed checker was available on the YouView TV website which would assist consumers in their purchasing decision. YouView TV considered that consumers would not be misled into purchasing a YouView box.

Clearcast said they had understood that the stated 3 Mb minimum broadband speed was a recommendation only and that everyone would be able to use the service, albeit not at an optimal level, with a lower broadband speed. They considered that the on-screen text "Recommended min 3Mb broadband" provided material information to assist viewers in making an informed decision regarding the YouView box, and that those who knew their broadband speed fell below that level may consider increasing their broadband capability or using a different service.

Assessment

Not upheld

The ASA noted that YouView TV recommended a minimum broadband line speed to ensure the correct functioning of the service, and, although we acknowledged YouView TV's and Clearcast's comments that it would be likely to work at speeds lower than that, we considered that it was reasonable to base any assessment of how many people would be able reliably to use the service upon the recommended speed of 3 Mbps. We therefore recognised that not all UK households would be able to use the YouView TV service, because of limitations to the speed of internet connection they could access. However, we considered that viewers would understand that an internet-based TV platform would be subject to the technical limitations of their own internet connection, and therefore that they would be unlikely to take the claim "Extraordinary TV for everyone" to mean that every person in the UK could use YouView TV, regardless of the type of internet connection used.

We noted that the ad did not emphasise any availability message and instead focused on the scroll-back feature of the YouView TV service. The voice-over claim "Extraordinary TV for everyone" was delivered towards the end of the ad, together with the on-screen text "Available from BT, TalkTalk and retailers". We considered that viewers would understand the reference to "everyone" to mean that the promoted service was available on a subscription-free basis from retailers as well as together with some telecoms packages, and therefore that it could be obtained by those who already had existing contracts for their TV service, or by those who did not wish to take out a subscription. Because we were satisfied that the claim would be understood in that light and would not be taken by viewers to denote an absence of any limitations whatsoever to their ability to access the service, we were satisfied that the on-screen text stating the recommended minimum line speed clarified the technical requirements for the service, but did not contradict the claim "Extraordinary TV for everyone" and that the claim was unlikely to mislead.

We investigated the ad under BCAP Code rules  3.1 3.1 Advertisements must not materially mislead or be likely to do so.    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.
 and  3.4 3.4 Standards set to secure the standards objectives [specified in para 3(e) above] shall in particular contain provision designed to secure that religious programmes do not involve:

a) any improper exploitation of any susceptibilities of the audience for such a programme; or

b) any abusive treatment of the religious views and beliefs of those belonging to a particular religion or religious denomination."
Section 319(6).
 (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  3.12 3.12 Advertisements must not mislead by exaggerating the capability or performance of a product or service.  (Exaggeration), but did not find it in breach.

Action

No further action necessary.

BCAP Code

3.1     3.10     3.12     3.2     3.4    


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