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Product: Telecommunications (Broadband)
Advertiser: Sky Ireland
Medium: Broadcast, Digital, Internet (Third Party Website), Online (3rd party), Point of Sale, Radio, Television
ASAI Code 7th Edition: 4.1, 4.4, 4.6, 4.9, 4.10, 4.22, 4.24
“Want unbeatable value from Sky? Here's the deal. Get Sky broadband for just €29 a month plus Sky Q for only €10 a month. Super-fast, super reliable broadband and Sky Q with your apps and recordings. That's Sky broadband for €29 a month plus Sky Q for €10 a month for 12 months. Now that is unbeatable value. Go to Sky.ie Availability subject to location, offer does not include Sky TV subscription. New Sky customers only, set up fees, minimum terms & further terms apply. for more info see sky.ie/speeds”
“Want unbeatable value from Sky? Here's the deal. Get Sky broadband for just €29 a month plus our award-winning Sky Q box for the low price of just €10 a month. Super- fast, super reliable broadband, what's not to love. And get Sky Q with your apps and recordings all in one place. That's Sky Broadband for just €29 a month plus Sky Q for just €10 a month. Now that is unbeatable value. Go to sky.ie”
on screen text:
“Availability subject to location. New Sky Customers only. €29 a month for Sky Broadband and €10 a month for Sky Q functionality (no Sky TV subscription). Both products must be taken to avail of the offer price. standard pricing applies after 12 months Sky Q €10pm; Sky Ultrafast broadband €60pm
Minimum terms and further terms apply. For more info see sky.ie/speed”
A sponsored post on Facebook included the following statements:
“Sky Broadband for €29 a month PLUS Sky Q for only €10 a month. Super-reliable Broadband & Sky Q with apps and recordings, in one place. ”
Text within a box stated:
“Sky Broadband – Sky Q
€29 + €10
A month for 12 months”
Under the box it stated:
Want unbeatable value from Sky? A link to the website was labelled “Learn more”
Point of Sale material:
Sky Broadband – Sky Q
€29 + €10
A month for 12 months”
“New Sky customers only. €29pm for Sky Broadband and €10pm for Sky Q functionality (no Sky TV subscription). Both products must be taken to avail of offer price. Standard pricing applies after 12 months; Sky Ultrafast Broadband €60pm; Sky Q €10pm. Set-up fees, minimum term and further terms apply. For more info on our broadband products see sky.ie/speeds”
Eir considered that the advertising was misleading as it created the impression that Sky broadband was €29 and Sky Q Lite was only €10 when in fact Sky Broadband could not be purchased on its own at the price of €29. The complainants noted that the offer was advertised on the advertisers’ website as €39 and therefore they considered that it should not have been ‘decoupled’ on other media. They said that they had received queries from their own customers querying the offer which they considered showed that customers were confused by the advertising.
The advertisers said that they placed great importance on compliance with the requirements of the ASAI Code and all their advertisements are reviewed by their legal and marketing assurance teams to ensure compliance before they are published. They said that the advertising included correct information on the offer price and related terms, and they did not consider that the advertisements were misleading.
The advertisers said that the advertising in the Sky Q Lite campaign consisted of two products, Sky Broadband Ultrafast and Sky Q functionality. They said that the offer price for the broadband product included in the campaign was €29 per month and it appeared on a customer’s bill as €29, and the same applied to the Sky Q functionality with it appearing on a customer’s bill as €10. They said that in order to avail of the offer price, a customer would have to take both products together which was clearly displayed in the advertising, and they provided a sample of advertisements for the offer. Finally, they stated that pricing information was accurate and was provided to customers clearly by explaining how the offer worked.
The Complaints Committee considered the detail of the complaint and the advertisers’ response.
The Complaints Committee noted that in order to avail of the offer price, consumers were required to purchase both products. The Committee also noted that the television and the point-of-sale advertising had included a footnote that the products must be both purchased to avail of the advertised price for the broadband product. In regard to the radio advertisement, the Committee noted that while it had stated that terms applied, it had not included the requirement to purchase both products together.
In regard to the social media advertising that was the subject of the complaint, the Committee also noted that it had not included the requirement to purchase both products together and that while it had included a link to the website where the terms were available, it had not stated that terms applied or that terms were available to view through the link.
The Committee also noted that the advertisements had either used the term ‘plus’ or the ‘+’ symbol, however, they did not consider that they were sufficiently clear to notify consumers that the advertised price of the broadband was only available when purchased with the Sky Q functionality. In the circumstances the Committee considered that the advertising was in breach of Sections 4.1, 4.4 and 4.6 of the Code.
Action Required: The advertising must not reappear in its current form again.