TelstraClear Direct Mail Advertisement
Acting Chairman's Ruling
12 June 2007
Complainant: K. Thorstensen
Advertisement: TelstraClear Broadband
Complaint: The direct mail advertisement came in a bright orange envelope that said:
" TELSTRACLEAR BROADBAND REFERENDUM"
The back of the envelope was white in colour and featured a TelstraClear Broadband logo. The front pages of an enclosed brochure were also bright orange, and the information said:
"KEEP DIAL UP or move to PDQ BROADBAND
VOTE NOW: YOU COULD WIN A YEAR'S FREE INTERNET"
Complainant, K. Thorstensen, said: "I felt deceived by this advertising, it looks like a government referendum. I don't think that this fits in with "fair trading"."
The relevant provisions were Basic Principle 4, Rule 1 and Rule 2 of the Code of Ethics.
The Acting Chairman noted complainant K. Thorstensen's concern. However, upon viewing the advertisement she noted that although many parts of it were bright orange, as was referendum mail in the past, the envelope and enclosed information was clearly branded for TelstraClear Broadband. The Acting Chairman considered that the use of the Advertiser's name on the front and back of the envelope ensured that it was clearly identifiable as an advertisement and did not breach Rule 1 of the Code of Ethics. Furthermore, she said the enclosed information along with the text and logos on the envelope were presented in a manner that did not meet the threshold to be said to be misleading, and had been prepared with the required due sense of social responsibility, not effecting a breach of Basic Principle 4 or Rule 2 of the Code of Ethics. Accordingly, the Acting Chairman there was no apparent breach of the Advertising Codes.
The Acting Chairman ruled there were no grounds for the complaint to proceed.
Acting Chairman's Ruling: Complaint No Grounds to Proceed