Vodacom HSDPA 7.2 with HSUPA questioned

Backhaul bandwidth limitations and 7.2 Mbps HSDPA speeds under the spotlight

Vodacom recently advertised their ‘Broadband Advanced’ service online, stating that: “Included are HSDPA 7.2 with HSUPA for free – the fastest speeds on the Vodacom network!”

This advertisement was challenged through the Advertising Standards Authority of South Africa (ASA) by Mr. Ivan Roux who argues that the Vodacom website creates the impression that the advertiser is capable of providing download speeds of 7.2, but that the cellular provider has confirmed that it cannot provide this speed in his area due to insufficient ‘backhaul links’.

DRAFT FCB, on behalf of Vodacom, told the ASA that Vodacom launched a new broadband product structure consisting of two services, namely Broadband Standard and Broadband Advanced.

“Vodacom’s advertising did not claim speed but rather communicated that the Vodacom network is capable of supporting the HSDPA 3.6 and 7.2 and HSUPA technologies,” DRAFT FCB said. “It was not making ‘up to x Mbps’ claims nor claiming speeds in its product names by including a reference to speed.”

The ASA turned to the Internet Service Providers Association (ISPA) for clarity on the matter, asking whether the reference to HSDPA 7.2 in the advertising was a reference to a product name or to speed.

ISPA submitted that HSDPA is neither a product name, nor a speed, but rather a reference to a protocol for mobile data transfer which has a maximum speed of 7.2Mbits/s.  ISPA further said that if an advert for HSDPA 7.2 service contained no other information about speed of the service, then a reasonable consumer would assume that ‘7.2’ refers to the performance speed of the HSDPA service.

Vodacom agreed that ISPA is correct in observing that it uses the term ‘HSDPA 7.2’ to refer to products on the HSDPA 7.2 protocol.

The ASA felt that the HSDPA 7.2 advertisement created an expectation of speeds of up to 7.2 Mbps.  “While it may sometimes be that HSDPA 7.2 is a reference to a product only, and while the respondent does not include any speed indicators, like ‘Mbps’ on the complained of page, the fact remains that, when read in totality, the respondent’s advertising creates an association of speed with the ‘7.2’,” the ASA website states.

“Therefore the hypothetical reasonable person would likely link ‘HSDPA 7.2 with HSUPA for free – the fastest speed on the Vodacom network’ as a reference to the speed of 7.2 Mbps and expect such speeds.”

The ASA subsequently ruled that Vodacom should withdraw the claim ‘Included are HSDPA 7.2 with HSUPA for free – the fastest speeds on the Vodacom network!...’ in its current format, and not use it again in this format.

Vodacom HSDPA 7.2 - fair advertsing?

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