Adult ringtone provider fined by UK body
[May 2001] Service providers operating mobile phone ringtone and logo services aimed at children were warned that breaches of the Code would result in severe action being taken by the Committee.
At the time, ICSTIS (Independent
Committee for the Supervision of Standards of Telephone Information Services), was investigating two cases in which a number of services appeared to breach the Code. The Committee has now adjudicated in one of these cases and fined Global Internet Billing, of London, £5,000 (see
below). The other case is ongoing, pending presentation to the Committee.
Further monitoring of children's publications has resulted in a number of new investigations into services that appear to breach the Code. Three companies have been found to be operating services in excess of the permitted £3.00 maximum and have been instructed to amend their services within 24 hours or face having access to the lines barred pending adjudication. The Secretariat will continue to monitor all services that are promoted in children's publications.
Several children's mobile phone ringtone/logo services advertised in Smash Hits magazine appeared to breach several paragraphs of the children's provisions of the Code of Practice. The services, which permitted callers to incur call costs in excess of the £3.00 maximum for children's services, failed to disconnect by forced release and appeared to encourage repeat use. The advertisements did not indicate the total maximum cost of the call but instead indicated "average" call costs. In some instances, the advertisements did not warn potential callers that permission from the bill-payer was required before continuing, while one advertisement also omitted company contact/identity details (4.1.4, 4.1.2 and 3.5 eighth edition).
Related websites, which were promoted both in the advertisements and on the services themselves, appeared to contain logos that were of an adult nature and, while the images were not 'true to life', they were explicit and appeared unsuitable for children (4.11.4 and 3.9 eighth edition). Call revenues were requested, together with details of other children's publications in which the services had been promoted (5.2.3 eighth edition).
Investigation and Decision
Global Internet Billing did not dispute the breaches but stated that their information provider, Handy Friends, had been responsible for the operation and promotion of the services. The information provider explained that they had possibly not taken enough care in informing their clients of the specific requirements of the children's provisions of the Code.
They also claimed that they had been provided with information that demonstrated that the readership of Smash Hits was 16-plus. These, however, only detailed readership figures of those aged 15-plus. Readership figures of children under the age of 15 were not provided and so the information did not appear to substantiate their claims. The requested information was not supplied.
The Committee upheld breaches of paragraphs 4.1.4, 4.1.2, 3.5, 4.11.4, 3.9 and 5.2.3 of the eighth edition of the ICSTIS Code of Practice. Global Internet Billing were fined £5,000 and warned about their future conduct. Global Internet Billing requested a review of the sanction, but as no new evidence was supplied, the request was rejected.
For further information about the operation of mobile phone ringtone and logo services, please contact Janet Newell (020 7940
7414) jnewell@icstis.org.uk.
www.icstis.org.uk
