The Mobile Premium Services Code

This guideline is based on the requirements of the Mobile Premium Services Code. Suppliers wishing to advertise their Mobile Premium services must comply with this Code and its Rules.

This guideline is based on the requirements of the Mobile Premium Services Code. Suppliers wishing to advertise their Mobile Premium services must comply with this Code and its Rules.

Some Rules apply to all Mobile Premium Services, whereas some Rules only apply to specific types of Mobile Premium Services. The various types of Mobile Premium Services are:

  • Premium SMS or MMS Services

– Premium SMS or MMS Services that are not Subscription Services
– Premium Messaging Subscription Services

  • Proprietary Network Services

Rules

All Mobile Premium Services – Advertising

The following information applies to:

  • advertisements for Premium SMS or MMS Services; and
  • advertisements for Proprietary Network Services to the extent that a Content Supplier is using the advertisement to fulfil its obligations.

Advertising display requirements:

In advertisements for Mobile Premium Services, a Content Supplier must:
(a) include clear, prominent and legible information in plain language on:
(i) the price including, if the service is a Subscription Service:

  • any sign-up cost;
  • the basis for calculating charges, including any charge per MO Message; charge per MT Message; or charge per Charge Period, and that Charge Period;

(ii) where relevant, that it is a Subscription Service, for each Mobile Premium Service advertised:
(iii) accurately and within sufficient proximity to:

  • the Short Code for; or
  • if no Short Code is displayed, the primary mechanism displayed to enable customers to request or subscribe to, the Mobile Premium Service being offered to make it obvious that the information applies to that Mobile Premium Service;

(iv) in the same orientation and direction as:

  • the Short Code for; or if no Short Code is displayed, the primary mechanism displayed to enable Customers to request or subscribe to, the Mobile Premium

Service being offered;
(v) simultaneously and for the same duration as:

  • the Short Code for; or
  • if no Short Code is displayed, the primary mechanism displayed to enable customers to request or subscribe to, the Mobile Premium Service being offered;

(vi) for long enough to allow it to be read or heard, and understood, by an average person;

(vii) on the same page as the rest of the advertisement; and

(viii) if the advertisement is online, above the fold;

(b) expressly refer to any Carriage Fees that will apply for access or use of each Mobile Premium Service advertised;

(c) use a minimum 6 point font for all text in any print medium; and

(d) clearly and legibly state:

  • the Content Supplier’s Helpline; and
  • where the service is a Subscription Service, how to unsubscribe.

Requirements for disclaimers

A Content Supplier must ensure that any disclaimer included in an advertisement for a Mobile Premium Service is:

  • placed next to the offer for the Mobile Premium Service;
  • linked to the offer by an asterisked footnote or other symbol; or
  • if the advertisement is for radio or television, is part of the advertisement visually or aurally, and is readily available and clearly indicated and stated, having regard to the type of advertising and its intended audience.

Prohibitions on disclaimers

A Content Supplier must ensure that any disclaimer included in an advertisement for a Mobile Premium Service is not:

  • inconsistent with anything in the principal message of the advertisement;
  • negating the principal message of the advertising; or introducing a new or additional offer.

Limitations

If an advertisement offers a Mobile Premium Service:

  • for a limited period or in limited quantity; or
  • that is available only to a limited class of Customers,

the Content Supplier must ensure that the advertisement clearly communicates that limitation.

Special offers

A Content Supplier must ensure that advertisements for special offers to give a discount or rebate from standard Mobile Content Fees for a limited period contain sufficient details of the special offer including:

  • its principal elements;
  • any conditions or limitations; and
  • any future start date, and the end date.

Savings claims

A Content Supplier must ensure that advertisements which make any savings claim about a Mobile Premium Service specify the service, rate or other matter on which the savings claim is based.

Advertising “free” services

A Content Supplier must ensure that any advertisement for a Mobile Premium Service that is described as “free” clearly states the terms and conditions of supply, including whether the supply is conditional on the Customer also accepting any other service for which Mobile Content Fees may be incurred.

Use of the term “free”

Where a Content Supplier uses the term “free” or an equivalent in an advertisement for Mobile Premium Services, the Content Supplier must ensure that:

(a) a message is sent to the Customer’s nominated mobile phone without charge when the “free” period is over including details of: the impending charges for the Mobile Premium Service; the Helpline; and the “STOP” Message;

(b) the “free” Mobile Premium Service is not subject to any charge, fee or cost, other than Carriage Fees;

(c) the duration of the “free” period is clearly stated to the Customer in any messages sent as part of the Mobile Premium Service;

(d) the advertisement clearly identifies those elements that are referred to as “free” or equivalent;

(e) other conditions that qualify the offer are stated; and

(f) the prices of other products or services accompanying the Mobile Premium Service are not inflated to cover some or all of the offer described as “free” or equivalent.

Benefits

A Content Supplier must ensure that advertisements which offer or promote any benefits in relation to Mobile Premium Services clearly communicate any conditions upon the Customer’s ability to use the benefits.

Misleading advertising

A Content Supplier must ensure that advertisements for Mobile Premium Services are not confusing, misleading or deceptive, having regard to the intended audience.

Up to date advertising

A Content Supplier must ensure that advertisements for Mobile Premium Services do not contain out of date material.

Scams

A Content Supplier must not use a Mobile Premium Service for conducting or participating in the promotion of a scam.

Advertising to children

A Content Supplier must:

  • not place a Mobile Premium Services advertisement in any publication, show, website, location or any other presentation (in any medium or format) which is specifically and primarily targeted at persons below the age of 15; and
  • if the placement, context and content of a Mobile Premium Services advertisement is reasonably likely to attract or encourage a significant number of Minors to use that Mobile Premium Service, include a warning to the effect “If you are under 18 you must ask the account holder before using this service” in the advertisement.

Charges for replying to marketing messages

If a Customer would incur Mobile Content Fees for replying to a marketing, prompt or inducement message sent as part of a Mobile Premium Service, the Content Supplier must identify those Mobile Content Fees in the marketing, prompt or inducement message.

Premium SMS or MMS Services – Advertising

Additional Rules for advertising Premium SMS or MMS Services.

Endorsements

A Content Supplier must ensure that advertisements for Premium SMS or MMS Services only imply that they are supplied or endorsed by a particular End Carriage Supplier or Aggregator if that is, in fact, the case.

Pricing information

A Content Supplier must ensure that advertisements for Premium SMS or MMS Services include pricing
information:

In the case of print advertisements:

  • in a prominent and highly visible manner in the main body of the advertisement;
  • if the Short Code is displayed in 24 to 48 point font size, in font at least 25% of the size of that Short Code; and
  • if the Short Code is displayed in larger than 48 point font size, in at least 12 point font size.

In the case of online advertisements:

  • in a prominent and highly visible manner in the main body of the advertisement; and
  • on the same page as the Short Code and in font at least 50% of the size of the Short Code or, if the Short Code is not displayed, on the first page of the advertisement so that it is obvious to customers.

Terms and conditions

A Content Supplier must ensure that visual advertisements for Premium SMS or MMS Services set out the price of the relevant Premium SMS or MMS Service including, if the service is a Premium Messaging

Subscription Service:

  • any sign-up cost;
  • the basis for calculating charges, including any:
    – charge per MO Message
    – charge per MT Message; or
     – charge per Charge Period, and that Charge Period.

In the case of a Premium Messaging Subscription Service:

  • that it is a Subscription Service; and
  • how to unsubscribe, and
  • the Content Supplier’s Helpline, in a manner that is clear, legible and contrasts with the background.

Premium Messaging Subscription Services – Advertising

Additional Rules for advertising Premium Messaging Subscription Services.

Charges for receiving marketing messages

A Content Supplier must not charge a Customer for receiving any marketing or promotional material in relation to Premium Messaging Subscription Services.

Subscription advertisements

A Content Supplier must ensure that advertisements for a Premium Messaging Subscription Service clearly state:

(a) whether, by subscribing, the Customer is also consenting to their details being included in a marketing database;

(b) in a prominent manner and in close proximity to each other, that it is a Subscription Service and details of:

  • any sign-up cost; and
  • the basis for calculating charges, including any;
    – charge per MO Message;
    – charge per MT Message; or
    – charge per Charge Period, and that Charge Period;

(c) details of the “STOP” Message;

(d) how to opt-out of receiving marketing; and

(e) the word “subscription” or “subscribe” to convey the activation method:

In the case of print advertisements:

  • in a prominent and highly visible manner in the main body of the advertisement;
  • if the Short Code is displayed in 24 to 48 point font size, in font at least 25% of the size of that Short Code; and
  • if the Short Code is displayed in larger than 48 point font size, in at least 12 point font size;

In the case of online advertisements:

  • in a prominent and highly visible manner in the main body of the advertisement; and
  • on the same page as the Short Code and in font at least 50% of the size of the Short Code or, if the Short Code is not displayed, on the first page of the advertisement so that it is obvious to customers.

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