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THE ADVERTISING Standards Authority (ASA) has dismissed a complaint against a television commercial for a DStv sports channel filed by a consumer who claimed that the cricket term “Chinaman”, used in the advert, was derogatory.

The ASA recently dismissed the consumer’s complaint against television commercial advertising SuperSport’s DStv channel, Inside Edge.

The commercial stated: “On Inside Edge we talk cricket, yes everything from ‘silly points’ to ‘cow corner’, from the ‘corridor of uncertainty’ to the ‘agricultural heave’. We talk ‘swinging’ and ‘members’ ends’, ‘golden ducks’ and making someone your ‘bunny’. There’s banter about ‘ticking down to fine leg’, ‘Nelson’, ‘Chinaman’ and ‘night watchman’ and if the ‘tail wags’, the ‘wrap is up’. Inside Edge: cricket talk for cricket people…”

At each instance where a term is used, such a “making someone your bunny”, an image is shown to match the description, for example, someone dressed in a large bunny suit.

The consumer submitted that the commercial used a derogatory term “Chinaman” and presented and archaic drawing of a Chinese peasant farmer and argued that the use of the term “Chinaman” was unrelated to the sports channel and the programme.

Relevant clauses of the Code of Advertising Practice were taken into consideration including those pertaining to responsibility to the consumer and offensive advertising.

The respondent, MultiChoice Africa, submitted that the commercial was not meant to offend any of its subscribers, and did not propagate a negative stereotype of those of Asian descent.

It said the commercial was a tongue-in-cheek look at cricket specific vocabulary associated with the sport.

A “Chinaman” is a legitimate name for a legitimate bowling delivery in the game of cricket.

MultiChoice added that the cartoon picture used was just a drawing of a smiling person of Asian descent. It did not stereotype or represent a peasant farmer, and did not depict Asian people in a negative light.

It said the term “Chinaman” was a legitimate name for a legitimate bowling delivery in cricket, being a left-arm, unorthodox spin.

The ASA said it believed the context in which the term “Chinaman” was used was neither in bad taste, nor intended to negatively stereotype Chinese people. It found that “Chinaman” was a description of a particular style of bowling.

The authority said the advert was not in contravention of any clause and therefore dismissed the complaint.

Meanwhile, a consumer has lodged a complaint against a brochure advert for the Flexi Club Group that was sent to him as a Flexi Club member.

The brochure was headed “Sinfonia 2011/2012 cruise rates” and stated that “prices are subject to change due to capacity control & can be amended at any stage”. It listed various itineraries and travel dates.

The dispute related specifically to a trip departing on December 5, 2011, and returning on December, 9, 2011.

It indicated, among other things, a “brochure price” of R7 620 per cabin and a Flexi Club price” of R4 140 per cabin, claiming to result in a saving of R3 480 per cabin.

The consumer submitted that the advertised price of R4 140 per cabin is contrary to the price quoted by Flexi Club. When he queried this, the club told him the brochure prices were incorrect.

The consumer added that the same “incorrect” prices were also advertised in other newspapers and in terms of the Consumer Protection Act (CPA) one is entitled to receive the goods at the advertised price.

A relevant clause of the Code of Advertising Practice referring to misleading claims was taken into account.

Flexi Club submitted that the consumer and the authority failed to mention which clauses of the CPA are being violated. It added that the pricing error was a bona fide error.

It added that it operated a yield control system to optimise their usage and prices may be amended at any time.

Also, at the time of printing, the costing indicated was correct as depicted in the brochure and errors were only discovered after printing. On discovery of the fact that there could be a price misunderstanding it added an erratum notice via a sticker on page one of every cruise guide before dispatch which stated that prices quoted were per person and not per cabin.

Upon further questions of clarity from the ASA, Flexi Club said: “If we advertise these cruises again, as we do annually, we will print a brand new brochure and, naturally, we will take every precaution we can to prevent a repeat of this error.”

The ASA accepted Flexi Club’s voluntary undertaking to amend all future brochures and addressed the consumers concerns, and therefore found no need to consider the merits of the matter.

The undertaking was accepted on condition that Flexi Club remove the current inaccurate advertisement and reference to pricing per cabin instead of per person. It must also take appropriate measures to ensure that prices quoted in its advertising are correctly stated and do not cause confusion or lead to incorrect expectations.

joseph.booysen@inl.co.za - The Argus