Description:
The advertiser’s website offered live coverage of various biggest sporting events, including a list of same, when streaming on your device. One of the events listed was described as ‘regional’. The advertisement also included various sports team logos along the bottom. There was no additional information or disclosures included in the advertisement.
Complaint:
The complainant alleged the advertisement was inaccurate because when he responded to the ad by subscribing to the advertiser’s service and attempted to stream a certain sporting event, he discovered that he was unable to do so. He had to go through significant steps on the advertiser’s website to determine that the event was not included in the streaming service and so he could not stream the event, which was misleading, according to the complainant.
Response:
In its response to Council, the advertiser disagreed with the allegation that the advertisement was inaccurate or misleading and submitted that the sporting event to which the complainant attempted to stream was a major post-season sporting event, not a regular-season one which is signalled by reference to a ‘regional’ event, and therefore was excluded.
According to the advertiser, the distinction between included and excluded events was evident in the advertisement through both the call-to-action to stream the ‘biggest’ events where certain specific sporting events were named, along with use of the modifier term ‘regional’ in relation only to the one specific sport to describe regular-season events within a jurisdictional scope. t. The general impression conveyed by the advertisement, the advertiser argued, reasonably excludes major post-season sporting events, like the one the complainant attempted to stream.
Nonetheless, the advertiser amended the advertisement to include an asterisked disclaimer providing more clarity regarding the term ‘regional’.
Decision:
Council appreciated the advertiser’s response and considered the complaint together with the advertiser’s submission in its assessment of the original complained-of advertisement.
Council members discussed the case in detail and were all of the view that the descriptive terms ‘biggest’ and ‘regional’ used in the advertisement were vague and ambiguous.
According to Council, the term ‘biggest’ events implies you would get “everything” and “the most exciting stuff”, and when using it together with all of the various sports team logos, including reference to ‘regional’ events, it would be reasonable for consumers to conclude that they would get access to all events.
The language used in the advertisement omits specifics for consumers to understand what these descriptive terms mean, and as one Council member stated, “the event [the complainant attempted to stream] is a pretty pertinent detail in terms of sports, especially during the season, so the fact that this customer didn’t have access to that is the problem.”
In its determination, Council unanimously held that the advertisement was not clearly and understandably stated, and a majority of Council held that the advertisement omitted information relevant to consumers’ purchase decisions, and contained an inaccurate, deceptive or otherwise misleading representation, in contravention of Clause 1(a), 1(b) and 1(c) of the Code.
Infraction:
Clause 1(a), Clause 1(b), Clause 1(c)
