opinion We couldn’t help but be amused yesterday with the hyperbole which accompanied the Australian Competition and Consumer Commission’s court victory over the nation’s number two telco Optus. In a sensationalist press release, the regulator trumpeted its success to the world:

“The court has just handed down the largest civil penalty for a consumer protection matter” ACCC Chairman Graeme Samuel said today. “This decision sends the clear message that misleading consumers is not a legitimate business strategy. Optus is not a small business, but a large company that engaged in misleading and tricky conduct.”

“The entire telecommunications industry needs to sit up and take notice. This conduct is not acceptable, and the ACCC will seek the harshest penalties the law allows.” Mr Samuel said.

A number of media outlets jumped on the bandwagon. iTWire described it as a “surprisingly large penalty”, ZDNet.com.au said it was “massive”, while Gizmodo wrote: “This is the consumer watchdog’s biggest fine yet, and cheers to that.” And later on, ACCC chief Graeme Samuel stuck the boot in further, telling AAP the Optus case deserved “the stiffest penalties” available.

However, the reality is that $5.26 million is a paltry amount of money to charge Optus for what was a flagrant breach of its responsibilities under the Trade Practices Act; no more than a paper cut.

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