ASA Welcomes High Court Ruling on Jamster ads

21 September 2005

The Advertising Standards Authority (ASA) has welcomed a judgement in the High Court dismissing an application for an injunction to prevent publication of its adjudication on TV advertising by Jamba! GmbH.  The ASA’s adjudication relates to television advertising for ‘Jamster Crazy Frog’, ‘Sweetie the Chick’ and ‘Nessie the Dragon’ ringtones.

Jamba! GmbH, who have appealed to the Independent Reviewer of ASA Adjudications, were seeking the injunction to prevent the ASA from publishing its adjudication pending the Independent Reviewer’s decision. 

In its adjudication, the ASA upheld 298 public complaints that it was unclear the ads were promoting a subscription service (rather than a one-off payment) and that the style of the ads were of particular appeal to children.  The ASA ordered that a post-9pm restriction be applied to the ads in future.  The full adjudication is available in the ‘Adjudications – Broadcast’ section of the ASA website at www.asa.org.uk .

In his ruling, the judge, Mr Justice Lloyd-Jones, accepted the ASA’s arguments that the public interest was best served by publishing the adjudication now, notwithstanding Jamba’s request for an Independent Review.  He awarded costs to the ASA.

The Independent Reviewer has first to decide whether to accept Jamba’s request for review.   If he accepts the request, he can return the adjudication to the ASA Council for further consideration.

The ASA’s Director General, Christopher Graham, said that the ASA’s decision was in response to concern about the influence of the ads on children: “Many of the people who complained to us are parents whose children have received large phone bills because they downloaded the ringtones without realising the financial commitment involved.  This ruling sends a warning to the whole industry that ads for ringtones and other mobile phone subscription services must not appeal to under-16s.  It also reminds the advertising business as a whole that the ASA carries out certain public law functions – and that it will be supported by the Courts.’

Click here to access the ASA Broadcast Adjudication involving Jamba