If a consumer has fallen victim to buffering whilst streaming one of their favourites this Summer, or their latest internet speed test has returned underwhelming results, perhaps they’re in the market for a new broadband deal.
If they are, the content of your ads could be crucial in them choosing you as their provider. As such, we think it’s worth quickly reminding you of the key points to bear in mind when making enticing numerical, or more general, claims about your speeds in ads.
Be careful when ‘claiming by numbers’
- If you make a numerical speed claim (i.e. referencing a certain download speed, like 500 Mbps), you should be able to show that this speed is achievable for at least 50% of the customer base between 8pm and 10pm. If the speed is achievable by at least 50% of customers, you should describe the speed as an ‘average’ speed.
- If a speed hasn’t been measured nationally, and is specific to a particular area, this should be clear, as should the fact that local speed figures are an estimate, if this is the case (see this ruling for more information).
- If circumstance means that certain consumers are unlikely to be able to achieve the stated speed, these significant factors should be prominently included, and explained in easily understood terms. The ASA will determine what constitutes ’significant’ on a case-by-case basis.
- If a significant proportion of consumers would receive a maximum speed so much lower than the headline speed that they can’t carry out normal online activity, you must include a statement like: X% of our customers receive speeds below YMbps’’.
Be careful before you go ‘superfast’
- Speed claims using words, not numbers, will also be individually assessed. In the context of broadband ads, ‘superfast’ was generally understood to mean speeds faster than those previously achievable by ADSL (i.e. standard) broadband (see this ruling for more information). Ofcom later took ‘superfast’ to mean speeds equal to or greater than 30 Mbps (this ruling discusses that interpretation, and the extent to which this can be used in mobile network ads).
- Advertisers should be wary of suggesting certain networks have comparable speeds to other faster networks, for example by using terms like 3.9G, if this is not the case. Nor should advertisers misleadingly imply that their broadband services make use of innovative mobile technology, such as 6G, as part of their connection.
For further information, take a speedy look at Broadband and Telecoms: Speed Claims in our AdviceOnline library, and our Advertising Guidance.
If you need bespoke advice on non-broadcast ads, feel free to send a query to our Copy Advice team, who will deliver a fast turnaround within 24 hours.
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