‘Up To’ Broadband Advertising Guidelines Come Into Force

Guidelines designed to stop telecoms firms misleading consumers in ad campaigns were released yesterday, in a bid to clamp down on those who make unjustifiable “unlimited” data and unrealistic speed claims.

The Committee of Advertising Practice (CAP) issued advice for vendors last month, which mean broadband providers will have to show at least 10 percent of their customer base can enjoy their top advertised speed.

A broadband shake-up

“Unlimited” claims will need to be backed up by genuine uncapped deals, where operators do not charge for excessive usage or place a limit on how much data a customer can use. In February, Ofcom called on ISPs to be more honest about their speeds as in the past, providers have defended their right to use ‘up to’ claims, justifying them by saying speeds varied from line to line.

The changes came after the Advertising Standards Authority (ASA) called for a rethink in how to prevent misleading marketing across the mobile and landline broadband markets.

“CAP and BCAP consider that advertised maximum speeds should be based on the actual experience of an ISP’s customers. Advertisers should be able to demonstrate that the speeds claimed in their advertising can be achieved by a reasonable proportion of consumers,” a CAP statement from last month read.

“As for ‘unlimited’ claims, these are likely to mislead if telecommunications providers charge their customers or suspend their services for excessive usage, or impose immoderate traffic management, contrary to customers’ expectations of an ‘unlimited’ service.”

Smaller providers have welcomed the move, with one claiming it would  have a significant impact on the broadband market.

“This move from Committee of Advertising Practice will undoubtedly shake up the broadband industry, as consumers will now have factual average speeds revealed to them, rather than the theoretical “up to” speeds that providers have been relying on to date,” said Dana Pressman-Tobak, managing director of fibre provider Hyperoptic.

“This new legislation should go a long way to help remove the smoke and mirrors that happen within the broadband industry and help to differentiate new approaches. Internet service providers who operate their own networks and can therefore control speeds will be at a huge advantage.”

Last week, the ASA revealed it had received complaints about Apple touting the new iPad as 4G compatible when there are no working 4G networks in the UK.

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