Ad description
A TV ad for Sky TV, broadcast on 23 September 2017, promoted the Sky Sports Premier League channel. The ad stated, "New Sky Sports is here. So now all our existing and new Sky TV customers can get our brand new channel dedicated to the Premier League, and watch all the unmissable drama from 126 live games. Upgrade or join Sky TV and get our new Premier League channel for £18 a month ...".
Issue
The complainant, who understood that the stated number of games related to the total across the season, some of which had already been broadcast, challenged whether the ad was misleading.
Response
Sky UK Ltd said the claim had been used in error and that as of 28 September their sports marketing did not reference “126 live games this season”. However, they believed the ad made very clear the number of games related to the whole season and therefore did not feel the claim was misleading because viewers would understand that as time moved forward the number of games would decrease.
Clearcast said they considered viewers would understand that as the football season progressed, the fixture list would decrease and so the total number of televised games available to view would decrease. They had taken the view that viewers would understand the claim of 126 live games was made in the context of the entire season which, as stated on screen, began on 11 August. The graphic, “starts 11 August” put the context of the 126 games as being across the entire season, rather than as a contemporaneous tally of games remaining at any given broadcast date. They said the ad introduced the new football channel and its entire list of games available throughout the season.
Assessment
Not upheld
The ASA noted that the voice-over in the ad stated, “… all our existing and new Sky TV customers can get our brand new channel dedicated to the Premier League, and watch all the unmissable drama from 126 live games”. We noted the claim did not explicitly refer to the number of live games that would be shown across the season and it would have been possible that 126 games had not yet been broadcast on the date the ad was seen. However, we considered that, in context, viewers were likely to understand the claim related to the entire season, including games that had already been broadcast, rather than the number of live games remaining.
Given the above, we concluded that the ad 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.
and
3.3
3.3
Ofcom must ensure that the standards from time to time in force under this section include:
a) minimum standards applicable to all programmes included in television and radio services; and
b) such other standards applicable to particular descriptions of programmes, or of television and radio services, as appeared to them appropriate for securing the standards objectives."
Section 319(5).
(Misleading advertising), and
3.10
3.10
Advertisements must state significant limitations and qualifications. Qualifications may clarify but must not contradict the claims that they qualify.
(Qualification), but did not find it in breach.
Action
No further action necessary.
