ISPs advertising an 'up to 8Mbps' service without explaining that many people will be unable to receive these speeds are misleading consumers, the Advertising Standards Authority has ruled.

The ASA has written to ISPs telling them they “need to state prominently in ads that top speeds vary significantly”.

The move comes after a complaint about a Bulldog ad advertising an up to 8Mbps service. NTL told the ASA that the 35 per cent of people who live more than 3.8 km from an exchange, would be unable to get more than a 5 Mbps connection.

The ASA said while the ads were in line with previous ASA adjudications and Committee of Advertising Practice guidance, now that average speeds are higher than 1 and 2Mbps, the difference between the stated speeds and what people get is large enough to be considered misleading.

It said that the speeds people would get were influenced by how far they are from the exchange, and advertisements should reflect that.

ISPs spoken to by Web User said they would work with the ASA to ensure their ads comply with the ruling.

A spokesman for AOL, which was rapped over its broadband advertising in 2004, told Web User that he thought the ASA ruling was “a good thing”.

He said: “This brings clarity to the area. It's important for customers to appreciate the factors that influence speeds. Factors that are out of control of the providers, such as distance from the exchange and line quality.”

Ironically, Bulldog was one of the companies who complained about Wanadoo's (now Orange) 8Mbps broadband advertising earlier this year. The ASA ruled the Wanadoo ads misleading because they didn't state that the high-speed service was only available to a limited number of homes.

http://www.asa.org.uk

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