MultiChoice's DStv has been sanctioned by the Advertising Regulatory Board (ARB) and ordered to amend or withdraw one of its advertisements following a complaint from a consumer.

The consumer lodged the complaint against DStv, claiming that a recent advertisement for a promotional offer was misleading. 

Fin24 reports that the advertisement offers DStv Access customers a deal to upgrade to the Compact package for only R100.

The promotion is available for a limited time and is aimed at encouraging upgrades. It states that the offer applies to ‘all Access decoder customers’ and includes a disclaimer that terms and conditions apply.

The complainant argued that the advertisement did not specify that customers on a fixed-term contract (such as a price lock) were excluded from the promotional offer.

The complainant only discovered this after a payment had already been made.

DStv argued that customers on fixed-term contracts are bound by terms that preclude changes during the contract duration, and that consumers are expected to review their agreements and verify the terms and conditions before assuming eligibility.

The ARB noted that the advertisement made no distinction between fixed-term and month-to-month customers, and consumers could therefore assume the offer applied to them regardless of contract type.

Fin24 reports that it further stated that it is a long-standing principle that terms and conditions cannot be used to correct a false or misleading impression already created by the advertisement, and found that contradiction cannot be remedied by simply referring consumers to the terms and conditions.

The ARB ruled in favour of the consumer on the grounds that the advertisement could have clearly stated only month-to-month customers are eligible for the promotional offer, instead of creating a broad and inclusive impression.

Full Fin24 report