Background
Update to Advertising Codes (7 April 2025):
On 7 April 2025, the Advertising Codes were updated to reflect the revocation and restatement of the Consumer Protection from Unfair Trading Regulations 2008 (“CPRs” – the legislation from which the majority of the CAP and BCAP rules on misleading advertising derived) by the Unfair Commercial Practices provisions in the Digital Markets, Competition and Consumers Act 2024 (“DMCCA”). On that date, the wording of a number of the rules in the Advertising Codes was changed to reflect relevant changes introduced by the DMCCA on 6 April 2025.
Given that the complaint that formed the subject of this ruling were received before 7 April 2025, the ASA considered the ad and complaint under the wording of the rules that existed prior to 7 April 2025, and the Ruling (and references to rules within it) should therefore be read in line with this wording, available here – CAP Code and BCAP Code.
Ad description
A direct mailing to a residential address, seen on 5 November 2024, sent in an envelope with the text “OPEN ME UP TO STAY UP TO DATE ON A BRAND NEW FULL FIBRE NETWORK BEING BUILT IN YOUR STREET”.
The enclosed letter stated, “We’re going to be building a brand new full fibre network in your area and wanted to let you know what’s going to happen … Our brand new full fibre network is made possible through our partnership with the UK’s government’s Project Gigabit. Project Gigabit is the UK’s government’s programme to enable hard-to-reach communities to access lightning fast gigabit capable broadband. Together, we are bringing more reliable broadband to your area, ensuring that your area remains fit for the future with a network designed to deliver, for now and future generations.” The back of the letter in bold text stated, “PART OF PROJECT GIGABIT, THE UK GOVERNMENT’S PROGRAMME TO ENABLE HARD TO REACH COMMUNITIES TO ACCESS LIGHTNING FASTGIGABIT CAPABLE BROADBAND”.
A leaflet enclosed with the letter stated, “GIG CHANGES ARE ON THE WAY …”, “… we’re building a brand new full fibre network …”, “Full fibre is a new concept for a lot of us, but trust us when we say it’s game-changing” and “… we’re doing this by bringing future-proof full fibre to communities like yours …”.
Issue
The complainant, BT Group, challenged whether the ad misleadingly implied there was no existing full fibre broadband at the address.
Response
CityFibre Holdings Ltd (CityFibre) said the direct mailing was sent to a resident in a location where they were building a new full fibre network, that was being funded from the government’s Project Gigabit programme. The aim was to provide reliable gigabit-capable broadband to areas that were difficult to access. CityFibre had nine contracts under the programme and those contracts included an obligation to market the network in the areas they were being constructed.
They said the specific wording “brand new full fibre network”, “we’re building a brand new full fibre network in your area”, and “GIG CHANGES ARE ON THE WAY” were largely factual because they were building a new full fibre network. They further stated that the claims did not state they were the only full fibre network available.
They explained the claim “part of Project Gigabit, the UK Government’s Programme to enable hard-to-reach communities to access lightning-fast gigabit-capable broadband” was also factual and the wording reflected the terminology used to describe the Project Gigabit programme. On that basis they said that the ad did not mislead consumers into believing that CityFibre’s full fibre network was the only one available.
They said further that network operators were obliged to provide to Project Gigabit details of the locations to which they served, or intended to provide, full fibre services. Only locations where no operator had a network, or there was no intention to build one, would be included within the project. The government therefore expected those networks funded by the Project Gigabit programme would be the only one in the area. They explained there could be a small number of instances where two networks were able to be served to an area or address. However, those instances would be limited due to the nature and aims of the project.
Assessment
Not Upheld
The envelope, the enclosed letter and leaflet all stated that a “brand new full fibre network” was being built in the recipient’s street and area. The letter, on the front and back, also explained that the network was being constructed in that area because the government considered it to be one of a number of “HARD TO REACH COMMUNITIES” that they wanted to have access to “lightning-fast gigabit capable broadband”. The letter also said, “… we’re bringing more reliable broadband to your area”. The leaflet further stated, “GIG CHANGES ARE ON THE WAY” and “Full fibre is a new concept for a lot of us but trust us when we say it’s game changing”.
CityFibre stated that due to the nature of Project Gigabit, it would be unlikely that addresses with existing full fibre networks would have received the ad. However, we understood that the property that had received the ad subject to the complaint, and the areas surrounding the address, did have access to an existing full fibre network. Nevertheless, we considered the specific content of the ad and whether or not it stated or implied that no existing full fibre network was available at the property. The ad did not state or imply that their upcoming network was the only full fibre network or that other providers did not operate their own full fibre network in the area and, as such, we considered consumers were unlikely to take that impression from the claims when read in context. We therefore concluded that the ad was not misleading.
We investigated the ad under CAP Code (Edition 12) rule 3.1 (Misleading advertising), but did not find it in breach.
Action
No further action required.
