Complaint: 17/373

Orcon, Digital Marketing

Details

Complainants
advertisers
Orcon
Year
2017
Media
Digital Marketing
Product
Electronic and ICT
Clauses
Decision
Not Upheld
ASA Links
Website Listing
Decision Document

Document





COMPLAINT NUMBER
17/373
COMPLAINANT
S Stone
ADVERTISER
Orcon
ADVERTISEMENT
Orcon, Digital Marketing
DATE OF MEETING
14 November 2017
OUTCOME
Not Upheld


SUMMARY


The Orcon Facebook news feed posting said "We've got the cheapest and best-performing
fibre in the country according to TrueNet's latest report."

The Complainant said the advertisement was making a false claim the Advertiser had the
cheapest fibre in the country, when price comparisons showed there were cheaper options
available.

The Complaints Board agreed the advertisement made a clear statement about the relative
price and speed of its fibre service, based on the third party analysis of the TrueNet's August
2017 Urban Broadband report.

The Complaints Board said there was nothing misleading in the advertisement which had
specified both price and performance were used in the TrueNet report's analysis.

The Complaints Board said the advertisement had been prepared with a due sense of social
responsibility and ruled there had been no breach of Basic Principle 4 or Rule 2 of the Code
of Ethics.

The Complaints Board ruled the complaint was Not Upheld.

[No further action required]

Please note this headnote does not form part of the Decision.




COMPLAINTS BOARD
DECISION

The Chair directed the Complaints Board to consider the advertisement with reference to
Basic Principle 4 and Rule 2 of the Code of Ethics. This required the Complaints Board to
consider whether the advertisement contained anything which, either directly or by
implication, was likely to deceive or mislead the consumer and if it had been prepared with a
due sense of social responsibility to consumers and to society.

The Complaints Board ruled the complaint was Not Upheld.















17/373
The Complaint
The Complainant said the advertisement was making a false claim the Advertiser had the
cheapest fibre in the country, when price comparisons showed there were cheaper options
available.

The Advertiser's Response
The Advertiser said the advertisement clearly states that, according to TrueNet's latest
report, Orcon has the cheapest and best performing fibre. It said the substantiation for this
statement was the linked report from TrueNet. - http://bit.ly/2wDNaRp

The Complaints Board Discussion
The Complaints Board said the consumer takeout from the Advertiser's Facebook news feed
post was that according to the latest TrueNet report, its fibre service was the fastest and
cheapest in comparison to other products surveyed in the third party comparison report.

The Complaints Board agreed the reference to the August 2017 Urban Broadband Report
from TrueNet as being the 'latest' report was accurate in that the August 2017 report was
published in September 2017 and the Facebook post was created in October 2017, making
the report the latest available.

The Complaints Board said the Complainant may have misunderstood that the statement
made in the TrueNet report, and replicated in the advertisement, was based on performance
and price, rather than a stand-alone price comparison.

The Complaints Board said there was nothing misleading in the advertisement and it had
been prepared with a due sense of social responsibility. The Complaints Board ruled the
advertisement was in breach of Basic Principle 4 or Rule 2 of the Code of Ethics.

Accordingly, the Complaints Board ruled to not uphold the complaint.



DESCRIPTION OF ADVERTISEMENT


The Orcon Facebook news feed posting says "We've got the cheapest and best-performing
fibre in the country according to TrueNet's latest report. Now that's a kil er combo..."

COMPLAINT FROM S STONE


Orcon is claiming they have the cheapest fibre in the country, backed up by a linked report.
This report is flawed and contradictory. The part of the report linked claims that Orcon is the
cheapest, but by clicking through to the prices surveyed, it is immediately very clear that
there are cheaper options for fibre than Orcon. This is misleading to viewers of the ad and
should be corrected. By following the URLS in the attached pictures, one can find all the
details necessary.

CODE OF ETHICS

Basic Principle 4: All advertisements should be prepared with a due sense of social
responsibility to consumers and to society.
Rule 2: Truthful Presentation - Advertisements should not contain any statement
or visual presentation or create an overall impression which directly or by implication,
omission, ambiguity or exaggerated claim is misleading or deceptive, is likely to
deceive or mislead the consumer, makes false and misleading representation,
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17/373
abuses the trust of the consumer or exploits his/her lack of experience or knowledge.
(Obvious hyperbole, identifiable as such, is not considered to be misleading).

RESPONSE FROM ADVERTISER, - ORCON


Contact person for advertising complaints
Emily Acland, NZ Senior Corporate Counsel,
Vocus Group
Name and contact at creative agency
N/A - not involved, done in-house
Name and contact at media agency
N/A - not involved, done in-house
A basic, neutral description of the
Promoted Facebook post highlighting the
advertisement
findings of TrueNet's then-latest regular
broadband report showing Orcon had the
fastest and cheapest fibre offering.
4/10/17
Date advertisement began
Facebook News Feed
Where the advertisement appeared (all
locations e.g. TV, Billboard, Newspaper
Website
The advertisement no longer has any media
Is the advertisement still accessible - where spend behind, however, it is still visible on
and until when?
Orcon's public Facebook Page as a page
post here:
https://facebook.com/Orcon/posts/101557570
30398620/ (users would have to seek out
Orcon posts to see it).
https://facebook.com/Orcon/posts/101557570
A copy of digital media file(s) of the
30398620/
advertisement - if the complaint relates to
on-screen graphic, please send a broadcast
quality version.
The advertisement was targeted at Orcon
Who is the product / brand target audience? customers, as well as a Lookalike Audience
which targeted Facebook users similar to
Orcon customers.
The Orcon advertisement is based on the
Clear substantiation on claims that are
following statement in the latest report from
challenged by the complainant.
TrueNet:
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17/373



The advertisement clearly states that,
according to TrueNet's latest report, Orcon
has the fastest and cheapest fibre. This is
substantiated by the above report.
It appears the complaint is directed at
TrueNet's report, rather than the Orcon
advertisement that refers to the results of
such report. The complaint states "but by
clicking through to the prices surveyed" -
however this table is an entirely different
report from the one the Orcon advertisement
is based on (and which is included in the
Orcon advertisement by way of a link), being
"TrueNet's latest report".
Accepted.
The response from the advertiser is
included in the published decision. The
ASA is not able to accept confidential or
proprietary information. Please contact the
Complaints Manager if this is an issue.

For Digital advertisements:
Facebook Adverts Manager
What platform tools have you used to target
your audience?


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17/373
SECRETARIAT NOTE:
Orcon was asked whether they had permission to use TrueNet's reports in their advertising
and replied:

"No specific consent was obtained however we have an ongoing informal understanding with
TrueNet that we publish the results of their reports from time to time."

RESPONSE FROM MEDIA, FACEBOOK

Our content review team have investigated this matter and have advised that we did not
detect any violations of our policies at the time of investigation.
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