18 November, 2012
Legal News & Analysis – Asia Pacific – Australia – TMT
The Full Federal Court has upheld Justice Bennett’s findings of contraventions and penalties totalling $375,000 imposed on Global One Mobile Entertainment Ltd and 6G Pty Ltd. The earlier decision found that certain advertisements were misleading or likely to mislead consumers about continuing premium rate mobile phone subscriptions.
The advertisements appeared on both free-to-air and pay TV and were broadcast at various times, including during programs that would attract younger viewers. The Full Court found that the advertisements were designed to “operate as a hook to induce the consumer to respond” and represented that a consumer could purchase certain mobile premium services for a one-off fee, when in fact the consumer was gaining access to an ongoing premium rate mobile subscription.
View the ACCC Media Release
View the Full Federal Court decision