Dominant message – creating a higher standard for misleading advertising

ACCC v TPG Internet Pty Ltd [2013] HCA 54 (12 December 2013)

Companies advertising and marketing their business were given a reminder by the High Court of Australia recently that they will be held to account for producing advertisements where the "dominant message" is or is likely to be misleading.

The High Court overturned the decision of the Full Court of the Federal Court, thereby reinstating the orders of the primary judge in a case where internet service provider TPG Internet Pty Ltd (TPG) was found to have engaged in misleading or deceptive conduct under s 52 and 53 of the Trade Practices Act 1974 (Cth) (TPA), now s 18 and s29 of the Australian Consumer Law (ACL) respectively.