Posted: 19th Oct, 2011 By: MarkJ



The Advertising Standards Authority (ASA) has today
upheld several separate complaints against magazine and radio based adverts for broadband ISPs PlusNet (radio ad failed to mention that their price was dependent on location) and Virgin Media UK (misleadingly claimed to be the "
best for online gaming" with its 50Mbps package).
ASA Ruling - Plusnet Radio Advert
We considered that references to "from only £6.49" and "conditions apply" went some way to alerting consumers to the fact that they might not be able to get the broadband at the advertised price.
However, we considered the fact that broadband at £6.49 every month was only available in certain geographical locations, which were designated low-cost (or "Market 3") areas, was a significant condition of the offer which should have been made clear in the ad, and that merely stating a "from" price and "conditions apply" was insufficient in this regard.
ASA Ruling - VirginMedia PC Gaming Magazine Adverts
Since we understood that Virgin’s 50 Mbit/s service suffered from high upstream jitter, and because we understood that jitter was a significant factor which affected gaming performance, we concluded that the overall impression given by the ads was misleading.
Virgin Media's advert is perhaps the most interesting of the two because the ASA used Ofcom's latest broadband ISP speeds report (
here) to identify that "
on average across the whole day and during peak times, Virgin’s 50Mbit/s service had higher upstream jitter than all other services, aside from their own 20Mbit/s service".
Jitter is perhaps better known as
lag to gamers. In its defence Virgin blamed
PC Gaming magazine's editorial team, which created the promotion and "
was not cleared under their usual procedure".
The somewhat toothless advertising watchdog warned both providers that their ads "
must not appear again in their current form" (i.e. banned). As usual the related promotions occurred during the spring and early summer, which makes today's ban practically meaningless.