19 Jul 2010
In essence, the complainant submitted that he is subscribed to the 4Mbps package at R539 per month. However, he usually gets less than 10% of this connectivity speed. The respondent has no information on the website as to what shaping protocols it employs and what traffic enjoys priority.
RELEVANT CLAUSE OF THE CODE OF ADVERTISING PRACTICE
In light of the complaint Clause 4.2.1 of Section II of the Code (Misleading claims) was taken into account.
RESPONSE
The respondent submitted that its website does state that the account is Shaped, meaning certain protocols take priority over others. However, it also undertook to add more detailed information regarding Protocols shaped.
ASA DIRECTORATE RULING
The ASA Directorate considered the relevant documentation submitted by the respective parties.
The ASA has a long standing principle which holds that where an advertiser provides an unequivocal undertaking to withdraw or amend its advertising in a manner that addresses the concerns raised, the undertaking is accepted without considering the merits of the matter.
The respondent submitted that additional information regarding shaping protocols will be added to the website.
This undertaking appears to address the complainant’s concerns and there is no need for the Directorate to consider the merits of the matter at this time. The Directorate also notes that at the time of this ruling the respondent’s website had already undergone some changes made, including information on which types of traffic are given lowest priority on the network. While no opinion is expressed at this time over whether or not the changes are sufficient, it does indicate that the respondent is abiding by its undertaking.
The undertaking is therefore accepted on condition that the advertising in its complained of format is not used again in future.
The respondent’s attention is also drawn to the provisions of Clause 15.5 of the Procedural Guide.
