ASA UK Criticise Virgin Media’s Walrus Broadband TV Ad After BT Complaint

The UK Advertising Standards Authority (ASA) has criticised a comical TV advert for Virgin Media’s (O2) UK broadband service, which featured a Walrus driving a speedboat, after rival ISP BT complained that the promotion included a claim that could not be verified of the provider being “Awarded Best Broadband Experience”. But one other BT complaint was rejected.

The ASA noted that the advert, which was shown all the way back on 29th September 2024 and is one of Virgin Media’s more entertaining promotions, had, for the duration the award was referenced, superimposed text that stated, “GWS network award comparing UK providers’ average performance scores (including speed & reliability). To verify, see virginmedia.com/legalawards. User speed depends on package choice”.

The link for that went to another page and link, highlighting a Global Wireless Solutions (GWS) report from 2024, which contained information on the nine measures used to determine the award. In addition, the document explained that the nine elements were weighted depending on the importance to consumers, as determined by a poll done by GWS. But the ASA correctly pointed out that GWS had failed to explain what those weightings actually were.

For its part, Virgin Media argued the ad was not misleading because it was claimed to have “accurately described” an independently adjudicated award they had won. They said that the GWS award for Best Broadband Experience came from tests comparing major providers’ performance over a six-month period.

The tests were said to have used actual end user experience to the consumer’s device (not just up to the router), so both the fixed line performance and the internet service provider’s (ISP) wireless router performance were considered in the results. The results came from 5,000 UK consumers in their homes who were tested at random times over the period.

ASA Ruling Ref: A24-1267830 Virgin Media Ltd

However, while Virgin Media had provided further detail to the ASA, at no point in the document did it explain what the weightings were and we considered that was fundamental to understanding what the award had been given for. Because the ad did not include, or direct consumers to, sufficient information to allow them to understand the comparison, we concluded that the claim “Awarded Best Broadband Experience” in the ad was not verifiable and therefore breached the Code.

On that point, the ad breached BCAP Code rule 3.35 (Comparisons with identifiable competitors).

In addition, BT also questioned whether the same award statement was “misleading and could be substantiated“, although the ASA did NOT uphold that complaint as they ruled that the ad had made clear that the award was based on speed and reliability measures, which they understood accurately reflected the award criteria. The study also “did not imply Virgin Media’s technology would surpass their competitors’ technologies on all criteria … the ad did not mislead for the reasons raised by BT“.

The ASA ended up merely telling Virgin Media to ensure that they provided sufficient information to enable consumers to verify comparisons with identifiable competitors, or signposted consumers to such information.