The Competition Commission of Pakistan (CCP) prepared a guidelines report to provide guidance on what may constitute as ‘deceptive marketing’ with respect to Section 10 of the Competition Act, 2010 for those providing telecommunication products and services in Pakistan.
This effort by the commission is aimed at avoiding actions that may amount to violating section 10 and other provisions of the act.
The draft guidelines have been shared with the Pakistan Telecommunication Authority (PTA), all telecom companies, and placed on the commission’s website for soliciting feedback and suggestions from stakeholders. These guidelines are meant for telecommunication companies to follow in their sales, marketing, advertising, and communication, in all forms and across all mediums-online and on point of sale. Companies have been advised to bear in mind the legal implications that may arise out of certain practices dealing with distribution of false information, deception, fine print, disclaimer and qualifications, importance of substantiation of claims, essential terms and conditions, omissions, puffery, price disclosure, comparative advertising, promotional contents and, telemarketing.
The draft guidelines present the approach taken by the commission in its decisions regarding deceptive marketing practices and the approach that it may take towards certain marketing practices by telecommunication service providers. However, the guidelines are not exhaustive and the approach of the commission shall depend upon the particular facts and circumstances of each case. Because it is not possible to predict future behaviour of the companies involved in the telecommunication sector, the commission will not, in any way, be restricted to look into matters that have not been mentioned in these guidelines. Guidelines have been prepared in light of best international practices. The principles contained in the guidelines will be applied and further developed and refined by the commission from time to time depending on individual cases.
Biggest deception for consumers is when the market rates per 30 seconds or less than minute. The rate should always be marketed per minute to make it simple for all!
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