Note: This advice is given by the CAP Executive about non-broadcast advertising. It does not constitute legal advice. It does not bind CAP, CAP advisory panels or the Advertising Standards Authority.


Various advertisers have attempted to make claims that their broadband speeds are faster than their competitors. Ofcom data is likely to be an acceptable source to support such claims, but marketers should exercise caution in the way they use the figures.

Absolute claims should apply to all consumers

An absolute claim such as “UK’s fastest broadband” is likely to require evidence to show that these are the fastest speeds anyone within the UK can achieve. The ASA has upheld a complaint against a national provider who failed to include localised niche providers that delivered download speeds which were faster in their comparison. A qualification, for example in the body copy or small print of the ad, in a case such as this is likely to be seen as contradicting rather than clarifying the claim (Virgin Media Ltd, 9 May 2012).

Ensure data reflects real life conditions

In 2014 the ASA upheld a complaint about the claim "UK's fastest Wi-Fi technology” because the testing did not take place under typical home circumstances. It noted that variables such as the placement of the router in the home and where it was being accessed from, time of day and the number and type of devices linked to it had not been considered. Similarly the claim “Faster wireless hub than Sky and BT” was considered problematic because the testing was not adequate due to the limited device and operating systems used, and because it did not reflect typical consumer situations (Virgin Media Ltd, 10 February 2016).

Advertisers should take into account how consumers are likely to use the service. The ASA ruled the claim "Fastest peak time speeds measured by Ofcom" misleading, because the Ofcom report the claim was based on used fixed-line broadband performance only, and had not taken into account Wi-Fi performance (Sky UK Ltd, 16 March 2016). Given that the average consumer is likely to use Wi-Fi in their home, claims relating to fixed line only speeds are likely to require qualification in the headline claim.

 

Use the most up to date research

It is unlikely to be acceptable to use the most up to date research at the time the ad was created if newer data has been released. In 2013 the ASA upheld a complaint about an ad that used data which had since been superseded by new research (British Telecommunications plc, 11 September 2013).

Marketers should also remember that comparisons with identifiable competitors need to be verifiable. See Comparisons: Verifiability for more information.

New 1 April 2016


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