Dismissed: mobiles2go

1.	Complaint reference number	69/06
2.	Advertiser	Mobiles2go (i-Kids)
3.	Product	Telecommunications
4.	Type of advertisement	Radio
5.	Nature of complaint	Health & Safety
6.	Date of determination	14 March 2006
7.	DETERMINATION	COMPLAINT DISMISSED

DESCRIPTION OF THE ADVERTISEMENT

The television advertisement scenario depicts the end of soccer training and children leaving with parents. Tim is the last to leave and the coach asks ?Hey Tim, Mum running late is she?? to which Tim replies that his mother just told him so on his new mobile. The Coach expresses surprise that child has a mobile but Tim explains it?s an i-Kids designed for younger children who can only call preset phone numbers and can issue a safety SMS to his parents warning them when he moves outside certain zones. A car pulls into the car park and beeps and Tim tells the coach ?There?s Mum now?.

THE COMPLAINT

Comments which the complainant/s made regarding this advertisement included the following:

?the honking of a car horn is heard?

Irresponsible use of car horns creates disturbance for other residents, other drivers and pedestrians.

THE ADVERTISER?S RESPONSE

Comments which the advertiser made in response to the complaint/s regarding this advertisement included the following:

We disagree with the comments?that the use of the car horn is irresponsible use of noise. The car horn is set in the background and is not intrusive to listeners. Therefore we do not agree that it will create noise disturbance for surrounding homes and harm the health of those living or working nearby.

THE DETERMINATION

The Advertising Standards Board (?Board?) considered whether this advertisement breaches section 2 of the Advertiser Code of Ethics (the ?Code?).

The Board noted that Rule 224 of the Australia Road Rules provides that:

A driver must not use, or allow to be used, a horn, or similar warning device, fitted to or in the driver?s vehicle unless:

(a) it is necessary to use the horn or warning device, to warn other road users or animals of the approach or position of the vehicle; or

(b) the horn, or warning device, is being used as part of an anti-theft device fitted to the vehicle.

The Board noted that it is not illegal for a horn to be used in an advertisement.

The Board noted that the use of the horn in the advertisement is very discrete and short, and would be unlikely to be noticed or considered intrusive by most listeners.

The Board considered whether use of the horn in the advertisement would be considered to be depicting behaviour that is contrary to prevailing community standards on health and safety. Although the Australian Road Rules make use of the horn an offence, other than in certain circumstances, the Board considered that most members of the community would not see a short sounding of the horn to notify a person of one?s arrival or presence as inappropriate.

Considering the use of the horn in this advertisement, the Board did not consider that the advertisement depicted material that is contrary to prevailing community standards on health and safety, specifically use of car horns.

Further finding that the advertisement did not breach the Code on any other grounds, the Board dismissed the complaint.