Close Menu
TechCentralTechCentral

    Subscribe to the newsletter

    Get the best South African technology news and analysis delivered to your e-mail inbox every morning.

    Facebook X (Twitter) YouTube LinkedIn
    WhatsApp Facebook X (Twitter) LinkedIn YouTube
    TechCentralTechCentral
    • News

      What Steve Jobs feared is now the tech industry’s reality

      9 July 2025

      Cape Town fintech Stitch in another blockbuster acquisition

      9 July 2025

      Apple is said to be eyeing Formula 1 broadcast rights

      9 July 2025

      Vodacom, Maziv deal now looks likely after CompCom U-turn

      8 July 2025

      Icasa publishes new draft regulations for digital TV

      8 July 2025
    • World

      Cupertino vs Brussels: Apple challenges Big Tech crackdown

      7 July 2025

      Grammarly acquires e-mail start-up Superhuman

      1 July 2025

      Apple considers ditching its own AI in Siri overhaul

      1 July 2025

      Jony Ive’s first AI gadget could be … a pen

      30 June 2025

      Bumper orders for Xiaomi’s YU7 SUV heighten threat to Tesla

      27 June 2025
    • In-depth

      Siemens is battling Big Tech for AI supremacy in factories

      24 June 2025

      The algorithm will sing now: why musicians should be worried about AI

      20 June 2025

      Meta bets $72-billion on AI – and investors love it

      17 June 2025

      MultiChoice may unbundle SuperSport from DStv

      12 June 2025

      Grok promised bias-free chat. Then came the edits

      2 June 2025
    • TCS

      TCS | Connecting Saffas – Renier Lombard on The Lekker Network

      7 July 2025

      TechCentral Nexus S0E4: Takealot’s big Post Office jobs plan

      4 July 2025

      TCS | Tech, townships and tenacity: Spar’s plan to win with Spar2U

      3 July 2025

      TCS+ | First Distribution on the latest and greatest cloud technologies

      27 June 2025

      TCS+ | First Distribution on data governance in hybrid cloud environments

      27 June 2025
    • Opinion

      In defence of equity alternatives for BEE

      30 June 2025

      E-commerce in ICT distribution: enabler or disruptor?

      30 June 2025

      South Africa pioneered drone laws a decade ago – now it must catch up

      17 June 2025

      AI and the future of ICT distribution

      16 June 2025

      Singapore soared – why can’t we? Lessons South Africa refuses to learn

      13 June 2025
    • Company Hubs
      • Africa Data Centres
      • AfriGIS
      • Altron Digital Business
      • Altron Document Solutions
      • Altron Group
      • Arctic Wolf
      • AvertITD
      • Braintree
      • CallMiner
      • CambriLearn
      • CYBER1 Solutions
      • Digicloud Africa
      • Digimune
      • Domains.co.za
      • ESET
      • Euphoria Telecom
      • Incredible Business
      • iONLINE
      • Iris Network Systems
      • LSD Open
      • NEC XON
      • Network Platforms
      • Next DLP
      • Ovations
      • Paracon
      • Paratus
      • Q-KON
      • SevenC
      • SkyWire
      • Solid8 Technologies
      • Telit Cinterion
      • Tenable
      • Vertiv
      • Videri Digital
      • Wipro
      • Workday
    • Sections
      • AI and machine learning
      • Banking
      • Broadcasting and Media
      • Cloud services
      • Contact centres and CX
      • Cryptocurrencies
      • Education and skills
      • Electronics and hardware
      • Energy and sustainability
      • Enterprise software
      • Fintech
      • Information security
      • Internet and connectivity
      • Internet of Things
      • Investment
      • IT services
      • Lifestyle
      • Motoring
      • Public sector
      • Retail and e-commerce
      • Science
      • SMEs and start-ups
      • Social media
      • Talent and leadership
      • Telecoms
    • Events
    • Advertise
    TechCentralTechCentral
    Home » News » MTN wins clash with Cell C

    MTN wins clash with Cell C

    By Duncan McLeod14 May 2013
    Twitter LinkedIn Facebook WhatsApp Email Telegram Copy Link
    News Alerts
    WhatsApp

    Plain-Sim-640

    The Advertising Industry Tribunal has upheld a decision of the Advertising Standards Authority, in the process handing a victory to MTN, which had complained that a radio ad campaign by Cell C belittled its popular “MTN Zone” prepaid calling plan and its “Mahala Thursdays” promotion.

    In the Cell C ad, an actor with an American accent stated, among other things: “Some people can only make calls from Zone 1 eKasi to Zone 3 for cheaper, only one day of the week? That’s not kwa!”

    MTN Zone is a price plan that offers discounts to consumers depending on their location, time of day and network load. Mahala Thursdays offers a discount of 50% of the value of a recharge voucher if that voucher is purchased on a Thursday.

    MTN argued that the Cell C ad made clear reference to the Zone product, although it didn’t name it specifically. Similarly, the reference to “only one day of the week” would be seen as a reference to the Mahala promotion, and the use of the words “ayo, yo, yo, yo, yo” in the ad would bring to mind MTN’s widely used slogan, “ayoba”, it said.

    “It is clear that the respondent’s disparagement is not incidental, but rather a direct, deliberate and purposeful intent to disparage MTN’s products,” the operator said.

    In response, Cell C argued that it was an established principle of the Advertising Standards Authority that when an advertiser chooses to use ordinary words to describe products, they run the risk that those words could be used to have a “secondary dig” at them in advertising. “It is permissible … to have a ‘dig’ at competitors as a secondary communication in an advertisement.”

    The company argued that the word “zone”, particularly together with the word “eKasi”, was a common way of referring to zones of a township, such as Soweto. It said it was therefore “using an ordinary word to illustrate the problem of previous offers throughout the industry where the advertised offer is only available if you phone from a particular place at a particular time to a particular number”.

    “The primary meaning of ‘zone’ is within the ordinary meaning of the word, and is not an attempt to directly compare the respondent’s offer with the MTN Zone offer.”

    In addition, the phrase “ayo, yo, yo, yo, yo” is an “ordinary way of saying ‘oh dear’ or ‘oh my goodness’ in black South African English. It is similar to the Yiddish expression ‘oy oy oy’. In fact, even the phrase ‘ayoba’ … has the ordinary meaning of ‘hello’ or an expression of excitement.”

    However, the authority found that the “hypothetical reasonable person” would interpret references to “zone”, “only one day of the week” and “ayo, yo, yo, yo, yo” together as referring to MTN and its products.

    In addition, the Cell C ad effectively communicated that MTN’s products were “not cool”, disparaged them, and was therefore in breach of authority’s code. It instructed Cell C to withdraw the ad.

    Cell C appealed the authority’s decision to the Advertising Industry Tribunal last September, with the tribunal publishing its decision this week.

    In dismissing the appeal, the tribunal said that ads had to be judged as a whole. “While there is use of some words that may have an ordinary meaning might be acceptable, the execution of the radio advertisement, in particular the tone and the positioning … clearly do not add value to the brand but gives the distinct message that a competitor’s product should be discarded. Accordingly the appeal is dismissed with costs.”  — (c) 2013 NewsCentral Media



    Advertising Standards Authority ASA Cell C MTN
    Subscribe to TechCentral Subscribe to TechCentral
    Share. Facebook Twitter LinkedIn WhatsApp Telegram Email Copy Link
    Previous ArticleBig worry over power supply
    Next Article Jo’burg fibre coming in July

    Related Posts

    MTN – the network for networks

    25 June 2025

    Listed: All the MVNOs in South Africa – 2025 edition

    19 June 2025

    MTN CEO edges Vodacom rival in pay stakes – but just barely

    18 June 2025
    Company News

    Wider than a Bok: LG’s new 100-inch QNED TV brings the big screen home

    9 July 2025

    Huawei South Africa Partners Forum 2025: joining hands for a digital, intelligent future

    8 July 2025

    Powering South Africa’s industrial intelligence with Huawei Cloud’s AI-native innovations

    8 July 2025
    Opinion

    In defence of equity alternatives for BEE

    30 June 2025

    E-commerce in ICT distribution: enabler or disruptor?

    30 June 2025

    South Africa pioneered drone laws a decade ago – now it must catch up

    17 June 2025

    Subscribe to Updates

    Get the best South African technology news and analysis delivered to your e-mail inbox every morning.

    © 2009 - 2025 NewsCentral Media

    Type above and press Enter to search. Press Esc to cancel.