1. British Telecommunications plc (BT) said the speed at which consumers could share photos, video, music or other content depended on the upload speed of their connection. They said some broadband providers offered up to 10 Mbps upload speeds, including Virgin, but said no provider offered upload speeds of more than 10 Mbps. They said the claim was a top parity, not superiority claim, and was claiming that no other provider could beat it, not that it was better than other providers.

BT said the term "share" was commonly defined as giving possessions to other people but not receiving anything in return. They said they considered that consumers were likely to understand the claim "Share photos and videos at unbeatable speeds" as meaning they could send photos videos at unbeatable speeds, rather than they could send and receive photos and videos at those speeds.

Clearcast said they agreed with BT that the claim was a top parity claim, and said no other providers offered higher speeds. They said they were informed by BT that the latest 2011 Ofcom report showed that on average BT Infinity offered upload speeds of 8.8 MB. They said that upload speed was more than twice as good as the next average offered by Virgin Media at 4.1 MB.

2. BT said their "Option 2" product was available to all customers, and therefore all Infinity customers could benefit from unbeatable upload speeds if they chose that package. They said that if the availability of Option 2 was limited or more limited than other options it may have been misleading not to state that unbeatable speeds were only available on a certain package, but said that was not the case. They said the ad did not state a price point, so customers were not being misled about what it would cost them to get the unbeatable speeds, and said those customers interested in obtaining unbeatable upload speeds would search out information about Infinity to get a package with those speeds.

Clearcast said they were not advised by BT that they had two different upload speeds. They said if they had been advised of that, they would have required BT to qualify the claim to advise viewers that the claim referred to their Option 2 package only.

3. BT said Virgin appeared to believe the ad was claiming that Infinity was three times faster for all the activities listed in the ad but they did not believe consumers would interpret the ad in the same way. They said they had been careful not to state that Infinity was three times faster for uploading, downloading or streaming, and instead listed those activities in the context of how consumers could use three times faster speeds to "Do more online with three times faster fibre optic broadband ... and transform your world online with BT Infinity ...". They said the context of the claim was that the broadband speeds Infinity offered was able to transform the online experience and enable the customer to do more, by carrying out more activities or the same activities faster.

4. BT said the May 2011 Ofcom report showed Infinity had an average download speed of 33.8 Mbps and an average upload speed of 8.8 Mbps, compared with the national average of 6.8 Mbps for download speed and between 0.4 and 1.6 for upload speed. They said because the average Infinity download and upload speeds were more than four times faster than the national average, they considered that the claim "Four times faster broadband" was true and not misleading.

BT said consumers who clicked on the banner were directed to the Infinity website, which contained text at the bottom of the page that clarified that the average was taken from the 2011 Ofcom report. They said they did not include that text on the banner because of space limitations but they did not believe customers would have been misled because the information was only one click away.