Note: This advice is given by the CAP Executive about non-broadcast advertising. It does not constitute legal advice. It does not bind CAP, CAP advisory panels or the Advertising Standards Authority.
Marketers should be aware that CAP and BCAP have recently published new guidance on the use of speed claims in broadband advertising. The principle behind this guidance is that speed claims must be based on consumers’ actual experience. The guidance will apply to fixed line broadband services from 1 April 2012, but does not apply to mobile services (although those providers will be expected, as far as possible, to follow the spirit of the guidance). The guidance is mainly concerned with download speeds, as they feature more frequently in broadband marketing communications, but upload speed claims should also conform to the guidance where relevant.
In the past, the ASA has ruled that marketers should explain whether their speed claims relate to upload or download speeds unless those speeds are identical. CAP believes that stating that distinction in a footnote should be acceptable unless the ad refers to activities that do not run at the stated speed, for example uploading photographs.
See the AOL entry "Internet: Speed" and CAP’s guidance on the "Use of speed claims in broadband advertising”.
Last modified : 29 March 2012