FREE advice from CAP!

09 December 2004

The ASA upheld complaints about his ad

All advertisers should be aware of the CAP policy on “free” claims in general and, specifically, for internet packages and telephony packages.  You will no doubt already be aware of the Help Note on “Free” Claims for Internet Packages.  Also, some ASA adjudications since 1997  have made clear the ASA/CAP position on what does and does not constitute a “free” item in the context of telephony and Internet packages.  A recent adjudication about an advertisement for a telephony package, and a review of advertisements in the sector, have prompted us to reiterate that advice.  The ad can be viewed above; click here to read the ASA's adjudicaiton.

Clause 32.3 (see below) states “Promoters should not describe an individual element of a package as “free” if the cost of that element is included in the package price.”

A telephony package commonly includes a maximum number of minutes available for use by consumers over a period (usually a month), for which they are charged a tariff.  Those minutes should not be referred to as “free”, because the consumer pays a charge to use them.  Mobile telephony packages now commonly include a maximum number of sms, picture or media messages during that same paid-for period and the same principle applies.

It applies, too, to other, less prominent elements of contemporary telephony packages: for instance, itemised billing or voicemail retrieval.  If they are part of the tariff, itemised billing or voicemail retrieval should be described as “inclusive” or similar and the word “free” should be avoided.

The moral of this telephonic tale is: if it comes as part of a standard package, an item is an inclusive part of that package, not a “free” item.  Any item that is an inducement to buy may still be described as “free”, such as “3 months free line rental”, but other inducements such as “1,000 free minutes” are more questionable and their acceptability would depend on the context and how the number of minutes are calculated.

Although the codes for radio and TV commercials are different from the non-broadcast CAP Code, the ASA is likely to approach “free” and “inclusive” in broadcast ads in the same way as it does in non-broadcast ones.

If you are in any doubt whether a “free” claim is acceptable in a non-broadcast ad, you should consult the Copy Advice team on 020 7492 2100, by fax on 020 7404 3404 or by e-mail at copyadvice@cap.org.uk.  For broadcast ads, consult the relevant clearance centre: the BACC or the RACC.