i found some more info on the Crazy Frog controversy
Case Study
Upheld in court
The explosion in the popularity of ringtones and mobile phone software is one of many new services which the ASA must track, and make sure that innovation doesn’t also lead to confusion or the risk of consumers being misled by advertising. Jamster is a producer of ringtones, games and other software for mobile phones. Their campaign, featuring the Crazy Frog and other characters, was one of the most complained-about broadcast campaigns of 2005. We upheld complaints that their advertising attracted customers who unwittingly signed up for a subscription service, believing they were buying a one-off ringtone. We also upheld complaints that the advertising appealed to children, with 33 complainants saying their children had received large phone bills. Jamster rejected the complaints made against them and challenged our judgement in upholding them. They exercised their right to use the appeals mechanism and have their case referred to the Independent Reviewer of ASA Adjudications. While waiting for the Independent Reviewer’s decision, Jamster also challenged our intention to publish our adjudication and sought an injunction to prevent us doing so. The High Court dismissed the application, saying that it was in the public interest to publish the ASA adjudication regardless of the review in progress. The ASA’s Director General Christopher Graham commented that the verdict “reminds the advertising business that the ASA carries out certain public law functions – and that it will be supported by the courts”. Following the Independent Review, the ASA Council decided that the overall ‘upheld’ adjudication should stand although the wording was amended.
Upheld in court
The explosion in the popularity of ringtones and mobile phone software is one of many new services which the ASA must track, and make sure that innovation doesn’t also lead to confusion or the risk of consumers being misled by advertising. Jamster is a producer of ringtones, games and other software for mobile phones. Their campaign, featuring the Crazy Frog and other characters, was one of the most complained-about broadcast campaigns of 2005. We upheld complaints that their advertising attracted customers who unwittingly signed up for a subscription service, believing they were buying a one-off ringtone. We also upheld complaints that the advertising appealed to children, with 33 complainants saying their children had received large phone bills. Jamster rejected the complaints made against them and challenged our judgement in upholding them. They exercised their right to use the appeals mechanism and have their case referred to the Independent Reviewer of ASA Adjudications. While waiting for the Independent Reviewer’s decision, Jamster also challenged our intention to publish our adjudication and sought an injunction to prevent us doing so. The High Court dismissed the application, saying that it was in the public interest to publish the ASA adjudication regardless of the review in progress. The ASA’s Director General Christopher Graham commented that the verdict “reminds the advertising business that the ASA carries out certain public law functions – and that it will be supported by the courts”. Following the Independent Review, the ASA Council decided that the overall ‘upheld’ adjudication should stand although the wording was amended.
No comments:
Post a Comment