Federal court dismisses AOC case against Telstra advertising

Australian Olympic Commission ordered to pay costs for legal action against the telco accusing it of misleading advertising

The Federal Court has dismissed the Australian Olympic Committee’s (AOC) action against Telstra for misleading advertising relating to the 2016 Rio Games.

The AOC took legal action against Telstra following a campaign launched earlier in July by the telco promoting its support of the Channel Seven Olympics App. The campaign used a modern version of the Peter Allen classic tune, ‘I Go To Rio’, and initially featured the line official technology partners’ for the Seven Olympic Games broadcast.

This line was amended by Telstra within days of the campaign’s launch after the AOC expressed concerns about the way Telstra was presenting its association with the 2016 games after cutting ties as an official sponsor of the games last year.

In a judgement passed down on 29 July, presiding Judge, Justice Wigney, dismissed the AOC’s application and ordered the AOC pay Telstra’s court costs.

The AOC had contended Telstra’s advertisements, which stretched across TVCs, online and other forms of advertising, contravened either or both section 18 or 29(g) and (h) of the Australian Consumer Law, relating to misleading and deceptive conduct.

While agreeing Telstra had potentially “pushed the envelope as far as it could” with regards to its associating with Olympic fervour and spirit, the judge did not agree the telco's advertising efforts had contravened either of those consumer laws, or the related section 36 of the OIP (Olympics Insignia Protection) Act.

“The central question in resolving this dispute is this: Do the Telstra promotions and advertisements suggest to a reasonable person that Telstra is a sponsor of, or provided sponsor-like support to, bodes and teams association with the Rio Olympic Games?” Justice Wigney asked. “Or do they simply suggest that Telstra sponsors Seven’s broadcast of the Rio Olympic Games and promote the ability of Telstra customers to access the premium version of Seven’s Olympics on 7 app?”

The judge concluded the Rio TVC and marketing material would not suggest to a reasonable person that Telstra was a sponsor of, or provided sponsorship-like support, to any Olympic body. While agreeing the original Rio TVC could be perceived as “borderline”, subsequent revisions were adequate in meeting any guidelines, he stated.

“The marketing brief revealed that Telstra wanted to be associated in some way with the Olympics: It wanted to create an overarching ‘brand idea’ and ‘platform that brings to life Telstra’s brand positioning of ‘empowering people to thrive in the connected world’ through the context of sports and the Olympic Games,” Justice Wigney stated.

“Equally, however, the material revealed that Telstra well understood that, because it was not a sponsor, there were limits to what it could say or imply.

“On balance, the marketing material does not show that Telstra deliberately set about implying something which it knew it could not lawfully imply. It is fairly clear, however, that Telstra wished to push the envelope as far as it could.”

Judge Wigney’s overall conclusion was in favour of Telstra.

“None of the advertisements, videos, catalogues, emails of online materials, or other marketing or promotional materials that employ the Olympic expressions, would suggest to a reasonable person, that Telstra is or was a sponsor of, or is or was the provider of, sponsorship-like support to any relevant Olympic claim,” he stated.


Follow CMO on Twitter: @CMOAustralia, take part in the CMO conversation on LinkedIn: CMO ANZ, join us on Facebook: https://www.facebook.com/CMOAustralia, or check us out on Google+: google.com/+CmoAu

Join the newsletter!

Or

Sign up to gain exclusive access to email subscriptions, event invitations, competitions, giveaways, and much more.

Membership is free, and your security and privacy remain protected. View our privacy policy before signing up.

Error: Please check your email address.
Show Comments

Latest Videos

Conversations over a cuppa with CMO: Craig Davis

​Leadership resilience, startups scaling up, marketing best practices, customer insights - these are just a few of the topics we manage to explore in the latest episode of Conversations over a Cuppa with CMO featuring Craig Davis.

More Videos

This article gave me a better understanding about content creation. I learned a lot like this website https://a2designlab.com/ also offer...

Ryota Miyagi

How Remedy is using digital marketing and commerce to drive conversion

Read more

JP 54, D2, and D6 EN590,JET A1 AVAILABLE ON FOB DIP AND TEST IN SELLER TANKWe Can supply Aviation Kerosene,Jet fuel (JP 54-A1,5), Diesel ...

Collins Johnson

Oath to fully acquire Yahoo7 from Seven West Media

Read more

JP54,D2, D6, JetA1 EN590Dear Buyer/ Buyer mandateWe currently have Available FOB Rotterdam/Houston for JP54,D2, D6, JetA1 with good and w...

Collins Johnson

3-pronged marketing approach for property disruptor Brickx

Read more

With a response rate of 80-90%, a well optimized chatbot is a must-have for every business. Check out this link to explore how you can en...

Drishti Khurana

How NRMA’s Arlo the Koala chatbot won over customers

Read more

Hey, With a response rate of 80-90%, a well optimized chatbot is a must-have for every business. Check out this link to explore how you c...

Drishti Khurana

7 innovative brand chatbots

Read more

Blog Posts

Life beyond the cookie: 5 steps to mapping the future of marketing measurement

​There’s no denying there’s been a whirlwind of response to the imminent demise of the third-party cookie from all parts of the industry. But as we’ve collectively come to better understand the implications, it’s clear this change is giving the digital advertising industry the opportunity to re-think digital marketing to support core industry use cases, while balancing consumer privacy.

Natalie Stanbury

Director of research, IAB Australia

Ensuring post-crisis success

The COVID-19 pandemic has exposed brands’ CX shortcomings and a lack of customer understanding. Given ongoing disruption, customer needs, wants and expectations are continually changing, also causing customers to behave in different ways. Just look at hoarding toilet paper, staple and canned food, medicinal and cleaning products.

Riccardo Pasto

senior analyst, Forrester

A few behavioural economics lesson to get your brand on top of the travel list

Understanding the core principles of Behavioural Economics will give players in the travel industry a major competitive advantage when restrictions lift and travellers begin to book again. And there are a few insights in here for the rest of the marketing community, too.

Dan Monheit

Co-founder, Hardhat

Sign in