Jamster fails to block scathing ASA criticism of Crazy Frog ads

LONDON - The High Court has thrown out an attempt by Jamster to stop the ad watchdog from publishing a scathing adjudication relating to TV advertising for its Crazy Frog, Sweetie the Chick and Nessie the Dragon ringtones.

The adjudication upheld 298 complaints about the ads for targeting children and for not being clear that it was promoting a subscription service rather than a one-off payment.

Jamster had applied for an injunction to block publication pending an appeal, but this has been thrown out by the judge, Mr Justice Lloyd Jones, who said it was in the public interest to publish the adjudication. He also awarded costs to the Advertising Standards Authority.

In its adjudication, the ASA has ordered that a post-9pm restriction now applies to all Jamster advertising in the future. Of particular concern were complainants reporting that children had run up large phone bills as a result of the ads.

ASA director general Christopher Graham said: "This ruling sends a warning to the whole industry that ads for ringtones and other mobile phone subscription services must not appeal to under 16s.

"It also reminds the advertising business as a whole that the ASA carries out certain public law functions and that it will be supported by the courts."

The independent reviewer has yet to make a decision regarding Jamster's appeal.

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