MTN 7.2 Mbps speed claim questioned
MTN recently advertised their new 3.6 Mbps and 7.2 Mbps HSDPA services, saying that “Our belated gift to you is the new and substantially faster HSDPA 7.2 Mbps. Oh, and 3.6 Mbps” in a Sunday Times print ad.
Mr Coetzee lodged a complaint with the Advertising Standards Authority of South Africa (ASA), saying that the “advertisement creates the impression that broadband speeds of 7.2Mbps is available, yet repeated testing showed that his broadband never reaches such speeds.”
Vodacom also lodged an ASA complaint against the same ad, saying that the advertisement is in breach of a previous ASA ruling that no such speed claims may be made for their broadband offerings. Vodacom further submitted that sanctions should be considered against MTN.
MTN said that the names of the technology products referred to in the advertisement are commonly known and used in the industry as HSDPA 3.6 and 7.2, and that it mistakenly used the Mbps reference – an error which has been rectified.
MTN further submitted that it did not intentionally breach the previous ASA ruling and argued that this was the result of an oversight, and does not warrant sanctions.
The ASA said that it appears that MTN conceded that it cannot deliver the speeds claimed, and that it would generally accept MTN’s undertaking to withdraw the ad.
The Vodacom complaint about MTN breaching a previous ruling however demanded an in-depth look at the advertisement and after considering the information, the ASA felt that MTN ‘again communicated unsubstantiated broadband speeds’. The ASA subsequently ruled that MTN is indeed in breach of a previous ruling.
Vodacom is now afforded an opportunity to say which sanctions, if any, are appropriate. MTN can then respond to Vodacom’s suggestions after which the ASA will consider imposing sanctions.
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