The TPG Internet Pty Ltd ("TPG") was involved in a multimedia advertising campaign where they primarily indulged in an offer to the consumers of giving an attractive price for ADSL2+ service. The service was basically involved in using the home telephone of the consumer to give a broadband service without any download data limit.
1. The advertisement prominently displayed that the company would supply a internet ADSL2+ service for $29.99 per month.
A number of statutory provisions were considered to be contravened by the TPG Company.
1. Section 52 of the Trade Practices Act 1974, was contravened which stated that in trade or commerce no corporation should engage in conduct that is misleading or deceptive.
The judgment of the Full Court differed significantly from the approach of the primary judge in this case. In contrast to the decision of the primary judge the Full Court held a different view with regard to the dominant message given in the advertisements.
1. The court held that the messages assisted in determining whether they were to be considered to be misleading. Nevertheless, the conduct that is being complained of comprises of a number of words and according to the opinion of the court it would not be right to select some words and ignore the rest since they give meaning to those words.
In the case of Puxu, the claim on misleading conduct depended on the selling of goods by the appellant that was virtually identical to the ones sold by the respondent.
1. The High Court did not accept this precedent as proper since primarily the target audiences were not potential purchasers with a focus on the subject matter if the purchase.
With regard to the dominant message the High Court stated that the primary issue in the given case is not whether the advertisement fine print was enough to dismiss the dominant message that is conveyed in the headline. Instead the High Court stated that the question was related to the ordinary or the possible consumers of the internet services.
The essential question was that whether these potential consumers who are looking at the whole advertisement with a clear mind would probably form an impression of what was being advertised was a separate broadband internet service for a separate price of $29.99 per month.
With regard to the assumed level of knowledge of the target audience the High court opinion was similar to the opinion of the primary judge.
1. The opinion of the High Court was that even though the users of ADSL2+ were more knowledgeable about these services the 1+ users were not that knowledgeable to that extent.
After the ruling of the High Court in the given case, the probable advice to be given for the advertising format is that when preparing an advertisement it is necessary to make prominent and clear all the clauses of the services in the advertisement. All offers and payment information should be given equal weight age in order to avoid any deception.
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