British Sky Broadcasting (Sky) said it was not an absolute requirement for the box to be connected to a landline. They said it was required for the first 12 months only, and a customer could choose to pay £25 if they did not wish to connect their box in that period. They said they did not believe the requirement for a landline was material information which needed to be stated in the ad because they considered customers understood that they may need to connect their box to a landline or broadband connection. They said they were not aware of receiving complaints on this issue before, despite the fact that their ads had not stated the need for a landline for several years. They said Ofcom statistics stated that 85% of adults lived in homes with a landline. In that case they would not, therefore, incur any additional cost in connecting their box to a landline.

Clearcast said that all ads were checked to ensure that on-screen text complied with the BCAP Code. Having reviewed the ad in light of the complaint, they remained satisfied that the text complied. They sent a copy of the terms and conditions that were submitted to them in relation to the free Sky+HD box and free standard set up. They said there were always a number of terms and conditions attached to such offers and that Clearcast needed to decide which were the most significant (and which therefore needed to be stated in the ad). They noted that the terms and conditions did not state that a landline was required and considered they had ensured that the ad stated the significant terms and conditions that applied to the offer.