An advert featuring Kim Dotcom offering "truly unlimited
broadband" has been deemed misleading by the advertising
watchdog, which has also reprimanded Westpac bank and a
foul-mouthed music poster.
The Orcon ad, which is part of a campaign parodying poverty
adverts and has also been at the centre of other complaints
to the authority, was criticised for promoting "truly
unlimited fast broadband" when the company can charge
customers for using excess data.
The Advertising Standards Authority's (ASA) complaints board
said there was a high level of ambiguity about the ad, saying
Orcon's Fair Use policy which charges for excessive data use
"contradicted the claim of offering truly unlimited
The majority of the board ruled the ad was "likely to deceive
or mislead the consumer" and was in breach of advertising
Orcon has appealed the decision by the ASA, over what it
described as a "small technicality" in its advertising
In a statement chief executive Greg McAlister said, while it
is a good thing the ASA is ensuring the industry is
delivering what it promises, the company stands by its
"While we have had unnoticeably small traffic shaping on
peer-to-peer downloads in the past, there are now no
implemented restrictions whatsoever on our unlimited plans so
on those grounds we have appealed the ASA's decision," he
"Last week we even scrapped our Fair Use policy, which we had
never enforced anyway."
He said some residential customers use as much as nine
terabytes a month.
The authority also upheld a complaint against a Westpac radio
ad, claiming it was the "only major bank" offering a Welcome
Home Loan, despite Kiwibank also offering the same loan.
The complainant said Kiwibank was also a major bank, and the
commercial was prejudiced and "misleading ... toward Kiwibank
and their customers".
Despite some members of the board arguing that Kiwibank was
not a major player in the industry, with its own advertising
campaigns "placing them as an underdog", the majority of the
ASA ruled it was misleading to consumers.
Meanwhile a billboard for a Robert de Long concert, which
stated, "Did I make you f*cking dance?", among the text was
deemed likely to cause serious and widespread offence.
The use of the word "f*cking" was deemed unacceptable and
"was not saved by the use of the asterisk", the ASA said.
A Lady Gaga bus advert, featuring the singer holding her
breasts and with a large ball between her legs, was ruled
Complaints about the Artpop album ad, which used imagery from
the album cover, said it was "indecent and offensive" and its
placement on a bus would mean it would be seen by children.
However, the ASA ruled that while it was provocative, because
there was no nudity and nothing in the image it considered
graphic, it did not meet the threshold to offend against
prevailing community standards.
It also said despite its appearance on a bus, there had only
been two complaints, which did not constitute widespread
- By Patrice Dougan of APNZ