The
Advertising
Standards Authority (ASA) has slammed
Disney over
the advertising of its mobile phone games.
The complaint concerns two ads on the back page of a Disney Store brochure
offering Disney games for mobile phones. The ASA originally ruled against Disney
in May, Disney appealed and today the ASA reiterated its stance.
A customer complained that the ads did not make clear the full costs of the
games, and were irresponsible because they appealed to children who might
download the games without adult permission.
Both ads used well-known Disney characters to advertise the games, inviting
consumers to send an SMS using the short code in the ad to receive a text
message with a link to the relevant operator portal.
This contained information on the games, the price and the terms and
conditions. Smaller text at the side of both the ads stated: 'Standard operator
text charges apply. This is not a subscription service.'
Disney Mobile defended the ads, saying that they were intended to give
consumers the option to find out more about the games on offer and how to obtain
them.
In May the ASA upheld the complaint and told Disney to ensure that future ads
were clearer and that children had to obtain parental permission before
downloading the games.
Disney said at the time that the brochure was available for approximately six
weeks only and that it did not intend to use the ads again.
However, the entertainment giant added that it would aim to make similar ads
clearer in the future to avoid any potential confusion.
On appeal, the ASA sided with the complainant stating that it was unclear
that the ads were simply an invitation to find out more about the games and that
the charge mentioned in the ad was for an initial text message only.
"The ads should have either included the full cost of downloading the games,
or explained clearly that the cost referred to in the ads was the cost of
gathering information about the games and that a further charge would apply to
get the games on your phone," the watchdog stated.
One the second point, the ASA took onboard Disney's assertion that the Disney
Store brochure was intended for adults.
However, it considered that, because some of its content spoke directly to
children, the brochure was, at least partly, targeted at children.
The ASA appeal adjudication upheld the original ruling but included different
wording.
Disney maintained that the brochure was available for approximately six weeks
only and that did not intend to use the ads again.
The company added that it would aim to make future, similar ads clearer to
avoid any potential confusion.
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