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ASA Hot Topic
Broadband
Whether it’s through a home computer, smartphone or TV, having instant access to and use of
the internet has become a part of our daily lives. As demand for the internet has grown, so
competition amongst providers has led to advertisers promising users a faster and unrestricted
service.
The online revolution led to the creation of broadband which has enabled faster connections to
the internet and made activities such as downloading pictures or songs less time consuming. In
short, broadband has become synonymous with speed.
A need for speed
Many of us will have seen advertisements for broadband claiming an “up to” speed, often
measured by megabits per second. But the actual service some consumers experience is often
different.
There are many reasons why you might receive a different speed at home to the advertised
speed; for instance, the distance between your home and the local exchange, heavy internet
traffic at peak times, any traffic management policies that the provider imposes and even the
type of computer you use. This means that speed can vary – and not just from one geographical
area to another. Neighbours can experience different speeds and even within a single
household it can vary depending on the time of day you’re going online.
In 2010, following consumer concerns about the headline claims in broadband ads not reflecting
the actual speed of the service they received, the ASA asked the Advertising Code writing
bodies (CAP and BCAP) to review broadband speed claims in advertisements as part of a wider
look at advertising in this sector.
They published a Help Note which came into effect in April 2012. It is designed to give
advertisers greater clarity on how to advertise their services and, importantly, protect
consumers from being misled.
The Help Note states:
•
Maximum speed claims should be based on the actual experience of users; advertisers
should be able to demonstrate that the speeds in their advertising can be achieved by at
least 10% of customers
•
Factors that are likely to cause some customers to receive speeds significantly below the
claimed maximum speed should be clearly stated
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ASA Hot Topic: Broadband
•
Qualifications must be prominent and make clear any factors likely to affect consumers’
ability to achieve an advertised speed
•
Where a maximum speed experienced by a significant proportion of customers is so
much lower than the advertised maximum that it impacts on their general online
activities, advertisers must include an explicit disclaimer that clearly highlights the
likelihood of consumers not receiving an adequate service.
Unlimited
When a business promises in its ad that you can enjoy “unlimited” use of its product or service
then it is naturally disappointing if you discover that you can’t. It can also be an unpleasant
surprise if you are then penalised for going over a limit you didn’t realise existed. In these
instances, consumers, understandably, are left feeling frustrated and misled.
Ad claims for “unlimited” broadband have prompted complaints to the ASA when providerimposed limitations have restricted a service. These restrictions can come in the form of an
additional charge or suspension of service, and are most often the result of a user exceeding a
“fair usage” or “traffic management” policy.
But, if something is truly “unlimited” how can any restrictions exist?
Ultimately it comes down to what a “legitimate” user is. The ASA accepts that businesses have
the right to restrict those users who are using an “unlimited” broadband service in an
“illegitimate” way, for example using a consumer service for business purposes, downloading
copyrighted content without permission or sending spam emails or texts.
We don’t think, however, that it’s fair for restrictions to be imposed on legitimate users of
“unlimited” broadband. The Help Note addresses this by making clear when and how this type
of claim is acceptable.
The Help Note states:
•
“Unlimited” claims are likely to be acceptable for telecommunications services that are
subject to provider-imposed limitations if:
•
They do not restrict or limit a service in a manner contrary to the average consumer’s
expectations of an “unlimited” service
•
The legitimate user incurs no additional charge or suspension of service as a
consequence of exceeding any usage threshold associated with a fair usage or traffic
management policy
•
Claims that have the same or similar meaning, for instance, “Limitless” or “All you can
use”, will be assessed by the ASA on a case-by-case basis.
For more information: www.asa.org.uk
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ASA Hot Topic: Broadband
What does it all mean for consumers?
The new guidance has given the ASA greater scope to clamp down on ads making speed or
usage claims for broadband that potentially mislead consumers. For instance, we’ve taken
action against various ads by broadband providers, serving to make clear how the guidance will
be interpreted and applied. Our rulings also help maintain a level playing field amongst
competitors.
Ads should not now contain over-exaggerated or unproven speed claims. Realistic claims about
the likely speed consumers will achieve and clear information, such as qualifications about
factors that might impact on their ability to achieve an advertised speed, must be prominently
displayed in the ad. While those ads claiming that a broadband service is unlimited can only do
so if that is what consumers actually experience. If a provider imposes restrictions that impact
on a legitimate user then that is unfair and the ASA will prevent them from claiming their service
is unlimited.
Overall, we should now have greater confidence that the ad claims we see and hear for
broadband speed and usage are truthful. Anyone who feels a broadband ad is misleading
should get in touch with us and we’ll look into the issue for you.
Knowing the limits
No ad can possibly tell you all you need to know about a service and the same applies to
broadband ads. Plus, we generally expect to do a bit more research about a product that we are
thinking of buying. That said, the information ads provide can influence our purchasing
decisions. We often rely on them to get us started in our search for new service providers and to
help us to differentiate one service from another, and therefore we need to be able to trust
them.
The guidance works alongside Ofcom’s Code which requires broadband providers to tell their
customers what speed they can expect to achieve when they sign up to a particular service. We
are committed to ensuring that ads do not mislead, particularly in such a complex area as
broadband services, and will assess any complaints against the new guidance to ensure
consumers get a fair deal.
Key rulings
Virgin Media Ltd
We banned Virgin from claiming “Unlimited downloads. Download and browse as much as you
like with no caps and no hidden charges” because there were restrictions in place that affected
some customers’ ability to download data and a restriction reducing some users' download
speeds by 50% was likely to contradict the claims that the service was "unlimited".
British Telecommunications plc
BT could not prove claims that its broadband service, would let consumers “Share photos and
videos at unbeatable speeds”… “… do more online at speeds four times faster than Sky's
typical broadband”… and “… download an entire album, in seconds.”
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ASA Hot Topic: Broadband
Everything Everywhere Ltd t/a T-Mobile UK
T-Mobile’s claims for mobile phone tariffs stated "... Unlimited internet. Unlimited texts. 2000
minutes to any network.” We told T-Mobile not to claim that their service was "unlimited" if they
imposed restrictions that were more than moderate.
Further reading
Help Note on the use of speed claims in broadband advertising
Help Note on the ‘Use of “unlimited” claims in telecommunications advertising’
Contact us
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