TPG Telecom has been found in breach of the AANA code over a Vodafone television advertisement featuring comedian Ali Wong.
Wong is shown standing in a remote outback area next to an emu, saying: "I don't know what the hell this is, but I do know it can't use a phone. Another big telco spends millions to build towers out here, and charges customers for it. Vodafone doesn't because clearly, nothing's out here, except for massive chickens!"
In the next scene, set at a backyard barbeque, Wong continues: "Instead, Vodafone doubled their network, which now covers where more than 98-whatever percent of you actually live."
The closing scene showed the words "Get coverage where 98.5% of you actually live" in white font against a red background.
The AANA panel found the ad breached section 2.6 of its code of ethics for having trivialised the lives of those living in regional and remote Australia.
"The panel considered that the ad trivialised and dismissed the realities of living in regional and remote Australia, where telecommunications access can be critical to physical safety and general wellbeing.
"The panel considered that the overall tone undermined the importance of connectivity for people who rely on connectivity for medical assistance, transport safety, and social participation.
"The panel also considered that the dismissive tone risked causing psychological harm by marginalising and devaluing entire communities, contributing to a sense that people outside major cities do not matter," read the determination.
Complaints received by Ad Standards raised three concerns.
That the ad was offensive and disparaging in suggesting there was "nothing" in outback Australia.
That given the significant population of First Nations Australians in remote areas and the history of Terra nullius, the ad discriminated against or vilified First Nations Australians.
That it was offensive to joke about an emu being a "massive chicken" given its status as a national symbol and its significance in Aboriginal culture
While the ad was also investigated for allegedly breaching section 2.1, covering description or vilification, the panel ruled it had not breached this section.
"The panel found that the ad was likely to be perceived as discriminatory towards rural and remote communities, including the indigenous communities within these areas," read the determination.
"However, because the wording of the code restricts the potential to vilify or humiliate to a set of defined attributes (of which geographic location is not one) the ad could not be found to breach the section 2.1 of the AANA Code of Ethics."
Vodafone expressed regret in the ruling statement.
"The suggestion that the TVC in any way perpetuates the historic concept of Terra Nullius is abhorrent to us as an organisation with a Reconciliation Action Plan and deep commitment to reconciliation with First Nations people, customers and communities.
"Vodafone sincerely regrets, however, that it has touched a very raw nerve amongst rural and remote communities regarding inadequate mobile coverage where they live, work and travel.
"Some of that sensitivity may stem from the inadequacies of Telstra's purported mobile coverage in those areas."
The ad has not been shown across free-to-air television, TV on demand, YouTube or Facebook since April 18, and has been amended to omit the words "clearly, nothing's out here" and "actually.”
Moving forward, any versions of the ad will be changed from "Get coverage where 98.5% of you actually live" to "Get coverage where 98.5% of you live."
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