The ASA walks an unusual position as while it regulates the advertising world it is relies on the advertisers complying with its rulings, and the latest broadband ruling is interesting as it is not totally clear what was actually wrong.
Everyone who watches TV and does not skip the adverts will have seen the BT Infinity advert about the three students and the cringeworthy matching making in one advert, it seems people have complained that the time for uploading his photo was unrealistic and the sequence for buying the gig ticket was too fast.
BT did attempt to explain that the upload speeds on BT Infinity were lot faster than standard broadband, and suggesting the sort of profile picture uploaded would be just 100 KB in size (i.e. 0.1MB), our own calculations suggest that if using ADSL this would take around 1.5 seconds to upload, and on FTTC with a 9 Mbps upload speed it would be 0.12 seconds and on Infinity 2 it would probably be under the 100 ms mark. It would take someone longer to browse, find the image and press the upload button and notice the upload had completed! Now obviously if they did what most people do and just uploaded the full size image which might be 2 MB in size it would take longer.
The issue of BT not using the latest figures from Ofcom is reasonable, but the most worrying aspect is that the ruling is focused on the download speed, when the advert was really demonstrating the much better upload speeds of the service. The question is whether the ruling would be any different if BT had supplied technical testing to the ASA.