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BSkyB and BT force Virgin Media to drop unlimited broadband claim BSkyB and BT force Virgin Media to drop unlimited broadband claim
(35 minutes later)
BSkyB and BT have successfully teamed up to force rival Virgin Media to drop its claim that its broadband is "unlimited", after the advertising watchdog found that heavy users could find their download speeds cut by up to 50%.BSkyB and BT have successfully teamed up to force rival Virgin Media to drop its claim that its broadband is "unlimited", after the advertising watchdog found that heavy users could find their download speeds cut by up to 50%.
Virgin Media, which prides itself on being able to outpace rivals by offering customers superfast internet speeds over its underground cable network, made a number of claims on the broadband section of its website.Virgin Media, which prides itself on being able to outpace rivals by offering customers superfast internet speeds over its underground cable network, made a number of claims on the broadband section of its website.
Among them, it said that its internet service, which comes in speeds up to 120Mb, mean that consumers can effectively have access to unlimited downloads of music, films, TV and gaming content.Among them, it said that its internet service, which comes in speeds up to 120Mb, mean that consumers can effectively have access to unlimited downloads of music, films, TV and gaming content.
The Advertising Standards Authority (ASA) received three complaints, from BSkyB, BT and a member of the public, who argued that the claim was misleading.The Advertising Standards Authority (ASA) received three complaints, from BSkyB, BT and a member of the public, who argued that the claim was misleading.
The complainants said Virgin Media operates a "traffic management" policy that significantly cuts the internet speed of users who download too much content and break data caps.The complainants said Virgin Media operates a "traffic management" policy that significantly cuts the internet speed of users who download too much content and break data caps.
Virgin Media argued that the threshold is so high - a user would have to download 11,000Mb at peak times to have their broadband speed slowed temporarily - that 97.7% of its customers can download as much content as they like, whenever they like and not be affected. Virgin Media argued that the threshold is so high a user would have to download 11,000Mb at peak times to have their broadband speed slowed temporarily that 97.7% of its customers can download as much content as they like, whenever they like and not be affected.
The ASA said the very nature of Virgin Media's high-speed service, and its marketing which has featured the sprinter Usain Bolt, is that many consumers want to partake in "bandwidth intensive activities".The ASA said the very nature of Virgin Media's high-speed service, and its marketing which has featured the sprinter Usain Bolt, is that many consumers want to partake in "bandwidth intensive activities".
"In that context we considered that the restriction of reducing users' download speeds by 50% was not moderate and that any reference to it was likely to contradict, rather than clarify, the claims that the service was 'unlimited'," the ASA said. "We therefore concluded that the claim 'unlimited' was misleading"."In that context we considered that the restriction of reducing users' download speeds by 50% was not moderate and that any reference to it was likely to contradict, rather than clarify, the claims that the service was 'unlimited'," the ASA said. "We therefore concluded that the claim 'unlimited' was misleading".
The ASA banned the advertisement and told Virgin Media not to claim that their service was either "unlimited" or with "no caps" if they imposed restrictions that were more than moderate. The ASA banned the advertisement and told Virgin Media not to claim that its service was either "unlimited" or with "no caps" if it imposed restrictions that were more than moderate.
A spokeswoman for Virgin Media said the company had not been banned from making the "unlimited" claim per se, but just in this advertisement and in this context, and that the company has updated its traffic management policy for users.A spokeswoman for Virgin Media said the company had not been banned from making the "unlimited" claim per se, but just in this advertisement and in this context, and that the company has updated its traffic management policy for users.
"Our customers receive unlimited, superfast broadband and, even if they're one of the tiny minority traffic managed for a short period of time, Virgin Media customers can download more than other 'unlimited' services, including BT Infinity," the spokeswoman said."Our customers receive unlimited, superfast broadband and, even if they're one of the tiny minority traffic managed for a short period of time, Virgin Media customers can download more than other 'unlimited' services, including BT Infinity," the spokeswoman said.
"Unlike BT or Sky, all Virgin Media customers can download as much as they like, safe in the knowledge we'll never charge them more.""Unlike BT or Sky, all Virgin Media customers can download as much as they like, safe in the knowledge we'll never charge them more."
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