These reports are case summaries of complaints which appeared to raise issues of substance in relation to the interpretation of the ITC Advertising Standards Code. Summary statistics of non-substantive complaints can be found in the full reports which are obtainable from the ITC.
Daily Mirror - Comedy DVD
Complaint from: 1 viewer
Background
An advertisement for the Mirror newspaper advertised the opportunity to begin collecting classic comedy DVD’s. It ended with the following offer:
'And tomorrow get this episode of Fawlty Towers instantly from Woolworths or Big W in this great free offer.
'Get your free DVD only in tomorrow's Daily Mirror.'
Issue
A viewer complained that the advertisement gave the impression that the DVD was free inside the newspaper when in fact it was only available from certain stores on the day of publication.
Assessment
The ITC judged that it was sufficiently clear that the DVD was obtained by redeeming a voucher rather than it being enclosed in the newspaper. It did not uphold that part of the complaint.
It was concerned, however, that it was a significant condition not declared in the advertising that the voucher could only be redeemed on the day of publication.
The advertising agency responsible argued that the use of the words 'tomorrow' and 'instantly' carried sufficient warning that the offer was only available on that day. The ITC did not agree, however, that viewers would understand these words as meaning that the offer would not be available after the day of publication. It judged that this was a significant limitation to the offer that needed to be stated clearly in this and other versions of the advertising where it applied. The ITC upheld that part of the complaint and required that the advertising should not be shown again in the form in which it was originally broadcast.
Conclusion
Complaint upheld in part. Breach of ITC Code Rule 5.2.3.
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