MWEB / Tim Dowson / 1121
Ruling of the : ASA Directorate
In the matter between:
Tim Dowson	Complainant(s)/Appellant(s)
Multichoice Subscriber Management Services (Pty) Ltd t/a MWEB	Respondent

15 Jul 2004

Mr Dowson lodged a consumer complaint against an MWEB television commercial that was flighted on e.tv.

The commercial depicts a man shouting the word “accelerator” at an hour glass. The sand in the hour glass all falls through at once. The voice-over says, inter alia, “The Accelerator makes surfing the Internet three times faster”.

COMPLAINT
The complainant questions what the “three times faster” refers to, and is of the view that it is physically impossible for the respondent to achieve this.

RELEVANT CLAUSES OF THE CODE OF ADVERTISING PRACTICE
In light of the complaint the following clauses of the Code were taken into account:

• Section II, Clause 4.1 (Substantiation)
  
  
• Section II, Clause 4.2.1 (Misleading claims)

RESPONSE
The respondent submitted the following:

• The product is intended for use with Analogue or ISDN Dial Up technologies. Analogue and ISDN are regarded as entry-level Internet access technology products with limited speed capabilities.
  
  
• The advertised product is specifically targeted at Analogue or ISDN Internet users to improve their Internet browsing speed. It is aimed at consumers using average computers and using MWEB’s network.
  
  
• Dimension Data conducted a test on the “Accelerator” product to confirm whether or not the product makes it possible to access the Internet three times faster.

In its report, Dimension Data confirmed that the tests results showed that the product made the Internet browsing experience three times faster.

ASA DIRECTORATE RULING
At a meeting held on 24 June 2004 the Directorate considered the relevant documentation submitted by the respective parties.

The commercial promises to make “surfing the Internet three times faster”. It takes place in a home setting, and the character in the commercial is clearly not a high powered business man or IT executive. The reasonable consumer would therefore understand that this promise is made to people using standard technology and average computers. The reasonable consumer would therefore expect that in the ordinary, “at home” setting, the product will make surfing the internet three times faster.

Dimension Data’s report confirmed that the product made Internet browsing three times faster.

Based on the above the Directorate is of the opinion that the commercial is not misleading as it appears ex facie that the advertised product makes the Internet browsing experience three times faster in the ordinary, “at home” setting.

Based on the above, the commercial is not in contravention of Clauses 4.1 and 4.2.1 of Section II of the Code.

The complaint is dismissed.