ASA not convinced

ADSL South Africa (Broadband South Africa), 17 May 2007

The Advertising Standards Authority of South Africa (ASA) is not convinced that MTN’s claim of a 1.8 Mbps HSDPA broadband offering reflects the true state of affairs.
 
‘The Advertising Standards Authority of South Africa (ASA) recently ruled that MTN’s claim that they offer an HSDPA broadband offering of 1.8 Mbps is unsubstantiated and should be withdrawn’ (MTN many not claim 1.8 Mbps HSDPA speeds, MyADSL, 14 May 2007).
 
In other words, MTN didn’t give the whole picture in regards to the broadband offering mentioned above.
 
‘This ruling comes after Vodacom’s advertising agency, FCB, lodged a complaint with the ASA saying that MTN “must show that the claim [of 1.8 Mbps speeds] is true for a significant proportion of customers who use the product, as the hypothetical reasonable person is likely to expect to regularly receive the claimed speed’ (MTN many not claim 1.8 Mbps HSDPA speeds, MyADSL, 14 May 2007).
 
In other words, Vodacom is certainly not happy about MTN’s dodgy claim since MTN failed to proof that ‘a significant proportion of customers who use the product’ will be able to reach broadband speeds of 1.8 Mbps.
 
How did MTN respond to the ASA ruling?
 
Not sitting down at all.
 
‘MTN responded by submitting an excerpt from Wikipedia as substantiation for the technical capability of HSDPA, and argued that it provides an unbiased overview of the technology. According to the Wikipedia article, when using a category 4 device in conjunction with QPSK and 16-QAM modulations, speeds of 1.8 Mbps are achievable. A category 5 device can similarly deliver speeds of up to 3.6 Mbps. MTN pointed out that that its F@stLink E620 data card and F@stLink USB mini modem are category 4 and 5 devices respectively. It also submitted that its network supports both QPSK and 16-QAM modulation schemes. According to the respondent, the information from Wikipedia therefore supports and substantiates the claim that its 3G HSDPA product can achieve speeds of “up to 1.8 Mbps”’ (MTN many not claim 1.8 Mbps HSDPA speeds, MyADSL, 14 May 2007).
 
In other words, MTN submitted a Wikipedia article in their defence.
 
How did the Advertising Authority respond to MTN’s submission?
 
Not favourable at all.
 
ASA said: “There is no objective evidence before the Directorate to show that the respondent’s [MTN’s] data card, modem and network conform to the specifications mentioned in the Wikipedia article. The respondent has not provided verification from an independent and credible expert that the content of the article applies to its product” (MTN many not claim 1.8 Mbps HSDPA speeds, MyADSL, 14 May 2007).
 
In other words, ASA was not convinced.
 
‘MTN was ordered to withdraw this claim with immediate effect, and the 1.8 Mbps claim may not be used again in its current format until new substantiation has been submitted, evaluated, and a new ruling is made’ (MTN many not claim 1.8 Mbps HSDPA speeds, MyADSL, 14 May 2007).
 
In other words, ASA wants to see ‘objective evidence’ before it will consider a new ruling which will be in MTN’s favour.
 
ADSL South Africa (Broadband South Africa) welcomes the Advertising Authority’s ruling. MTN should provide the evidence that’s needed or apologise. Period.