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Watchdog raps Disney over mobile game charges

by Ian Williams

31 May 2007

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The Advertising Standards Authority (ASA) has taken Disney Mobile to task over unsuitable and possibly misleading adverts for two mobile phone games on the back of a Disney Store brochure. 

A customer complained that the ads did not make clear the full costs of the games, and were irresponsible because they appealed to children who could download the games without adult permission.

The UK advertising watchdog investigated the matter and has ruled for the complainant.

Customers were invited to send an SMS using the short code in the ad, and received a text message back with a link to the relevant operator portal. This contained information on the games, the price and the terms and conditions.

Text at the side of both ads stated: 'Standard operator text charges apply. This is not a subscription service'.

But the ASA concluded that the ads "should have either included the full cost of downloading the games, or explained clearly that the cost referred to in the ads was the cost of gathering information about the games and that a further charge would apply to get the games on your phone".

The ASA ruling stated: "Although we acknowledged that the brochure was intended for adults, we considered that, because of the type of products being offered and because it featured children playing with the toys, the brochure was likely to be of interest to children.

"We concluded that, because the total cost of downloading the games was in excess of £3, and children who tried to download the games might not have asked adult permission, or fully understood the costs incurred to get the games, the ads were unsuitable for publication in the Disney Store brochure."

Disney said that it believed the price for purchase was clearly stated and that the ads were not misleading. The company does not intend to use the ads again and will aim to make future ads clearer to avoid any potential confusion.

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