Could new iPhone advert bring three bans in a row for Apple?

[MacBytes]

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Category: Apple Hardware
Link: Could new iPhone advert bring three bans in a row for Apple? (http://www.macbytes.com/link.php?sid=20081127144303)
Description:: Apple has just got slapped by UK advertising regulators who have banned a second iPhone advert this year (the 'Really Fast' one that news is breaking about at the moment) but things could get a lot worse as a new iPhone advert airs this week which makes application downloading and installation appear almost instant. Could it be three ad bans in a row for Apple?

Posted on MacBytes.com (http://www.macbytes.com)
Approved by Mudbug

[SnowLeopard2008]

They are a bunch of pathetic dumbasses who are picky about everything BUT the empty space in their head. If I bought any old laptop, it won't have "all parts of the internet" either. And Internet is NOT defined by flash or java. Internet is HTML with flash or java embedded. And the iPhone ad already gave a disclaimer, mentioning that network performance varies by location. ASA aka A Stupid Assehole should at least read what it says before they start banning everything.

[Daveoc64]

I do think Apple needs to make these ads a lot clearer.

They have a long history of adverts here in the UK that have been banned (not just the iPhone).

They make a lot of unsubstantiated claims which don't help their product or their customers.

As pointed out in the article, Apple does clarify things on this latest advert - but perhaps not enough.

[Daveoc64]

Internet is HTML with flash or java embedded.

The internet is a global computer network.

The World Wide Web is what we are using.

[AJBrindley]

I've seen this ad on TV in the UK, and there is a line of text at the bottom of the ad that reads quite clearly that "Download and installation times are simulated" - or something like that.

[Santa Rosa]

Everyone just wants to jump on the iPhone bandwagon :rolleyes:

[Niiro13]

Technically, Windows Internet Explorer doesn't come with flash.

I don't think that they're banning Windows commercials.

[stevearm]

Windows commercials don't stupidly state "all the parts of the internet"

[Kilamite]

They are right to ban the ads - it needs to be obvious that this isn't the time taken to do these things. I know it isn't that fast, but the advert does perceive the viewer into thinking it is that fast. So much happening at once with no delay.

Internet is HTML with flash or java embedded.

The internet is a collection of network computers and servers (now in the millions of millions) that exchange data by packet switching via the IP (Internet Protocol). The internet is not "HTML, Flash or Java". Those are forms of a webpage - appearance, functionality etc. Nothing to do with the actual internet itself - you can run a webpage without the "internet".

[LeviG]

Technically, Windows Internet Explorer doesn't come with flash.

I don't think that they're banning Windows commercials.

The difference is that you can add flash (or other similar apps) to other browsers (even mobile ones), apple iphone is the only device to my knowledge that doesn't actually have any flash support and due to Apples 'control' you can't add one either.
I've only ever seen one windows commercial in the last year and thats the 'I'm a pc' one and thats not exactly misleading, on the other hand I've lost track of the amount of apple's adverts.

As to the advert - well if it isn't instant as displayed then technically in the UK atleast it is false advertising as its to put it simply selling a product on something that it can't do.

[nick9191]

Can I sue Avon because I bought there stuff and didn't turn into Reese Witherspoon? Can I sue Boots because I bought there stuff and didn't turn into Keeley Hawes?

Its advertising, its not meant to be true.

[ditzy]

Can I sue Avon because I bought there stuff and didn't turn into Reese Witherspoon? Can I sue Boots because I bought there stuff and didn't turn into Keeley Hawes?

Its advertising, its not meant to be true.

Actually it is meant to be true.
Plus the apple ads imply something that isn't true but people could reasonably think it was. If it said it checks you email really fast and then shows it doing so in two seconds a person could reasonably think that that would be the time that it would take.
If you think you will turn into Reese Witherspoon after using face cream you're an idiot.

[MD5Hash]

Technically, Windows Internet Explorer doesn't come with flash.

I don't think that they're banning Windows commercials.

Plus, microsoft isn't making spacious claims about the "whole internet" or whatever the heck apple was blowing smoke about. Sure, anyone with sense might want to do some research on a product before shelling out that much money for "one of 'em fancy phones" but that's the problem - you have to imagine that the lowest common mental denominator is going to be watching your commercial.

Keep up the pressure, UK; keep Apple honest!

[Ubuntu]

They are a bunch of pathetic dumbasses who are picky about everything BUT the empty space in their head. If I bought any old laptop, it won't have "all parts of the internet" either. And Internet is NOT defined by flash or java. Internet is HTML with flash or java embedded. And the iPhone ad already gave a disclaimer, mentioning that network performance varies by location. ASA aka A Stupid Assehole should at least read what it says before they start banning everything.

Wow, you're certainly angry. The laptop would have far better access to the internet though, as well as the flexibility to cover any gaps (i.e. plugins). Plus, I've not seen many laptop makers advertise their laptops as having "all parts of the internet". The advert is still misleading, even if they noted a disclaimer. Why bother deceiving the public like that? Many companies are sneaky like that, but I think ASA was right to do that.

And well done with the acronym - ever heard of irony?

Can I sue Avon because I bought there stuff and didn't turn into Reese Witherspoon? Can I sue Boots because I bought there stuff and didn't turn into Keeley Hawes?

Its advertising, its not meant to be true.

No, that would be false advertising.

[elppa]

Microsoft told us that Internet Explorer 5.5 was a web browser for years.
:D

[coronel mustard]

To be fair to apple, that advert does state that
"some steps and processes have been omitted"

By using simple english- we can determine that the word "omitted" means that the process has been shortened because steps have been missed out. So, i don't understand what the whole false advertising bit is about- apple has already told you that the process has been shortened- simple.

[ridesdeepsnow]

American advertising is about as lax as you can get, you can just about say anything, but if you have tiny writing on the bottom of the screen so small you cant make it out or some voice describing the terms so fast you cant hear it all, then in the USA its all good.
Europe doesn't stand for BS and it is fair to regulate lies told to prospective buyers of a product.
Double talk(saying one thing, then later on in the conversation explaining the truth of the statement beforehand) is not accepted in Europe.

The United States could learn a thing or few from Europe, but again we are arrogant and of course we know everything so we must be right, right?

Apple needs to get their head on straight with advertising in Europe. Make it simple, make simple accurate statements. Europeans only want good products, a cool commercial that spews out a bunch of double talk may work in the USA but not in Europe

[ridesdeepsnow]

Can I sue Avon because I bought there stuff and didn't turn into Reese Witherspoon? Can I sue Boots because I bought there stuff and didn't turn into Keeley Hawes?

Its advertising, its not meant to be true.

Are you really this ignorant? This would be false advertising. Just because you are used to this type of false advertising does not make it acceptable, it is still wrong.

America allows anyone to just about say anything to sell anything. Because capitalism runs the USA allows this to happen and grow worse year by year.

To say something and cover your ass by having the smallest type size allowed on the bottom of the screen to disclaim the audio comments shows how funny American business ethics really are.

If you were a cancer patient and I sold you medicine promising to cure you, would you be mad when it didn't work?

[coronel mustard]

Apple needs to get their head on straight with advertising in Europe. Make it simple, make simple accurate statements.

It says on the advert- "some steps and processes have been omitted"- which part of that is not a simple accurate statement?:confused:

I have seen much worse adverts- all have to do is take one look at one of bank-loan type adverts that we get in the uk to see a prime example of the "tiny writing at the bottom of the screen" that you speak of.

[freefall722]

I remember seeing this ad for the first time (all parts of the internet) and immediately thought that Apple was advertising the fact that the iPhone had a real browser - which it does (albeit without some plugins).

Why is this special - and worth advertising? because very, very few phones out there at the time - or even now - have real browsers that show you webpages that look the same as they do on the desktop (i know except for flash).

It's a major selling point to the phone - so they advertised it. - I clearly saw this but then again I'm into technology and I can see why someone who isn't could here the line "all parts of the internet" and not get the above paragraph.

Someone didn't get it, complained, and got it banned - that's advertising. But honestly the tag line "all parts of the internet, but flash" doesn't quite have the same ring

[tremlock]

if this is the case, then they should ban the president. I was told no new taxes, yet I'm still paying new taxes. :p

[BenjyD]

It says on the advert- "some steps and processes have been omitted"- which part of that is not a simple accurate statement?:confused:

I have seen much worse adverts- all have to do is take one look at one of bank-loan type adverts that we get in the uk to see a prime example of the "tiny writing at the bottom of the screen" that you speak of.

Sure, but there are laws governing what you can disclaim with that tiny writing. You can't say 5% interest in the audio and have "*Actually 8% interest" in the text.

IIRC, the app store advert is all about how simple and quick it is to install apps, so the ASA could argue that it's misleading to show a simulated install procedure.

[coronel mustard]

My point about the bank-loan adverts was that we (in the uk) also get the adverts with the small text and fast audio terms. ridesdeepsnow seemed to have the impression that Europe was exempt from such adverts- my example shows otherwise.

As for the advert, the message at the end of the advert should clear any misunderstanding over how quick the install process is.

[swingerofbirch]

Can I sue Avon because I bought there stuff and didn't turn into Reese Witherspoon? Can I sue Boots because I bought there stuff and didn't turn into Keeley Hawes?

Its advertising, its not meant to be true.

Actually the cosmetics has gotten in trouble recently with their products that say they are like having surgery. And if you listen they now say not equal to surgical results of course.

[djellison]

It says on the advert- "some steps and processes have been omitted"- which part of that is not a simple accurate statement?:confused:

It didn't in the past. It was shown for many months here in the UK without that extra line. A colleague of mine who knew I was one of the 17 people who submitted a complaint, actually mentioned "Have you seen the extra line they've added?" That extra line has been ADDED to the advert in question since the preliminary ASA ruling about a month ago.

Given that you consider the addition of that text a means to make the advert OK, I presume you would then agree with the ASA that showing the advert without such a warning was wrong.

Doug

[Daveoc64]

IIRC, the app store advert is all about how simple and quick it is to install apps, so the ASA could argue that it's misleading to show a simulated install procedure.

I think that if anything, they would go for that.

If you are making an ad about something specific, particularly the speed and simplicity of doing something, to cut out key parts of the sequence is pretty shaky ground.

The small print might explain this to viewers, but at the end of the day they are claiming something is fast, but they're resorting to video editing tricks to make it even faster than it really is.

I think that the ad is a bit misleading, because it's advertising a specific product trait that is being misrepresented.

[coronel mustard]

hmm i have only seen the advert with the statement added in. However i do agree that without it, the advert can be seen to be slightly misleading.

But isn't the ASA still considering banning the new advert with the statement- that's the bit i don't understand.

[MacTraveller]

Good grief.

Lawyers FTW!

[miniConvert]

I personally have no objection to the Apple ads that have fallen foul of the regulator. I also think there are a great many ads out there that really should be dealt with but, quite frankly, nobody cares about because they're so low-key compared to Apple.

However, Apple should appreciate that they're very much in the public eye, and that their products seem to overwhelmingly infuriate a vocal minority, and so ensure that their ads are produced to the letter, and spirit, of the regulations in place.

[babyj]

I doubt Apple are that bothered by it. By the time people have complained, the complaints reviewed and the judgement made they've already done their job. They might have to make some changes, but more likely they'll just pull it and / or start running the next ad. So to some degree the whole process is a bit of a waste of time.

Could Apple get in more serious trouble for further offences?