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The complainant said the DStv ad fails to clearly explain that those under contract or price lock aren't eligible for the promotion.
A screenshot of the DStv ad that was deemed misleading by the Advertising Regulatory Board (ARB)’s Directorate. Picture: Dstv
The Advertising Regulatory Board (ARB)’s Directorate has ruled that a DStv advert promoting the broadcaster’s viewing package was misleading.
The advert states that DStv subscribers can add R100 to their existing Access package to upsize the Compact package.
The person who filed the complaint said that the advert is not transparent enough to explain that those under contract or price lock do not qualify for the promotion.
“Not even once in the advert do they mention that,” stated the complaint. “People will be duped and make an immediate payment only to find out like myself that we do not qualify.”
DStv stands its ground
In response to the complaint, DStv explained that it offers various packages with different price points, from the highest Premium package with more than 142 channels to the lowest Easy view package with just over 33 channels.
“Subscribers may either opt for a month-to-month package which they may cancel anytime or for a fixed term period package at a discounted fee which may only be terminated on notice,” read part of the broadcaster’s response.
According to DStv, the campaign was set to run from 4 February 2025 until the end of February 2025, but it was extended to 31 March.
“It is clear from the advert that it is targeted at consumers who are already DStv service subscribers. In other words, the targeted consumers are already familiar with DStv service packages, special offers and their limitations,” said DStv.
“The complainant, for example, is already a DStv Compact package subscriber on a fixed term contract.
“In other words, the complainant already has a relationship with MultiChoice, which is regulated in terms of the relevant agreement.”
The broadcasting giant said that, at the very least, a reasonable consumer in the complainant’s position would be expected to ascertain from the terms and conditions of the offer whether the subscribers in her position (that is, subscribers on fixed-term agreements) qualify for the offer.
“This is because the fixed term agreement binds these subscribers to their package (with fixed subscription fee and a package) for a fixed period.”
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ARB decision
For this matter, the Directorate used two clauses from the Code of Advertising Practice: Clause 4.2.1 of Section II Misleading claims and Clause 16 of Section III Non-availability of advertised products.
The former states that ads should not contain any statement or visual presentation that, directly or by implication, omission, ambiguity, inaccuracy, exaggerated claim, or otherwise, is likely to mislead the consumer.
In its ruling, the Directorate said it was not convinced that members of the public are as familiar with the clause of any contract that they have entered into as DStv submitted.
“The Directorate accepts that special offers relating to subscriptions or contracts generally apply to those who are not already subscribers or in a contracted relationship with the provider.
“However, in the case of the advertiser, there is an additional type of subscriber, those who have a month-to-month arrangement and the Directorate understands from the advertiser’s response that it is only at this type of subscriber that this special offer is aimed.”
The Directorate also said it accepts that the ‘terms and conditions apply’ appears immediately after the wording for all Access decoder customers.
“However, it is a long-standing principle that one cannot, in the terms and conditions, correct a misleading impression already created in the advertising.”
DStv had argued that the terms and conditions are too long to list in the ad.
“While the Directorate accepts that space is limited to list all exclusions, the Directorate is of the view that it would have been easy for the Advertiser to state that the special offer is available to month-to-month Access subscribers.
“In light of the above, the Directorate finds that the advertisement is likely to mislead the consumer and is in breach of Clause 4.2.1 of Section II of the Code.”
The broadcaster is expected to withdraw or amend the advertising with immediate effect,
in line with the time frames set out in Clause 15 of the Procedural Guide.
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