Short range FM transmitters are smaller, less powerful versions
of radio masts which send a signal a distance of a few feet. They
are typically used to send music from an MP3 player or CD player to
a radio, most commonly in a car.
In the UK anyone transmitting FM signals needs a broadcast
licence, and the use of transmitters is illegal. Though the law
will change in December to permit the use of transmitters, they
remain illegal.
PC World published a newspaper advert which included the text
"IPOD IN YOUR CAR!...JUST ARRIVED". Complaints were made that the
advert was irresponsible because it encouraged the public to break
the law.
PC World argued that it wanted to give the public the chance to
use the product abroad ahead of its legalisation in the UK. It said
that it did notify consumers in the ad that use of transmitters was
illegal here.
The ASA said that putting that disclaimer in the small print of
the advert was not adequate action to protect consumers against
breaking the law.
"We considered that that was a significant condition and that
referring to it only in the small print was likely to mislead
consumers, because small print was not prominent enough to make
clear an important condition of that kind. As the condition
that a license was required was not prominent enough, we considered
that the ad could encourage the public to break the law and was
irresponsible," said the ASA's ruling.
"We told PC World to state prominently in future ads the
requirement to obtain a broadcasting license for the product and
the fact that broadcasting licenses were not normally available to
consumers," it said.
Communications regulator Ofcom consulted over the summer on
whether or not to change the law regarding transmitters. The body
has the power to change the regulations attached to the Wireless
Telegraphy Act without the change going through Parliament.
"We are finalising the draft regulations and we hope that it
will be put into effect to make them legal in early December," said
an Ofcom spokeswoman.