The Advertising Standards Authority (ASA) has ruled against mobile operator MTN's complaint that claims made by smaller rival Cell C in its advertising are misleading and unqualified.
The authority has subsequently dismissed MTN's calls for sanctions to be imposed on Cell C.
MTN - Africa's biggest cellular provider - recently lodged a complaint with the Advertising Standards Authority (ASA) against a Cell C print advert that features a photograph of a cheetah mid-run, and is headed: “Speed(c) ‑ It's official. Our network is the fastest.”
This comes shortly after Cell C's last run-in with the ASA, in October, when it was ordered to remove any reference to “4Gs” from its new network branding. The operator is still currently appealing the ruling.
In its latest advertising campaign, Cell C states: “We're pleased to announce that in the 2010 Broadband Survey (conducted by Speedtest.net, September 2010), Cell C came out as the network with the fastest local download and upload speeds.
“As our super-fast network gets rolled out across SA, the results already speak for themselves. The power is in your hands. See the full survey on www.mybroadband.co.za.”
However, MTN argued that the survey on which Cell C is basing its claims has not taken into consideration the limited traffic on its new network, as it is still in the process of rolling out its HSPA+ network, which has very few subscribers and could, therefore, not be compared with more established players.
The operator further questioned MyBroadband's methodology, arguing that it is impossible to verify the accuracy of the results. MTN suggested that Cell C should be required to submit the survey to the Southern African Marketing Research Association for evaluation and to confirm the accuracy of the claims based on the survey.
Cell C responded, saying it is within the letter of the law to use the results of a publication's surveys and awards in an advertisement. The operator maintained that any issues with the validity of the survey must be addressed directly with MyBroadband.
However, Cell C invited the ASA to follow a link to an international and independent Web site, www.speedtest.net, which measures Internet speeds. According to Cell C, this Web site also confirms that its HSPA+ service is currently the fastest in SA.
Dismissive ruling
Having presided over both party's arguments, ASA maintains that the MyBroadband awards are based on an annual consumer trust survey and the 2010 Broadband Survey.
Accordingly, Cell C did come out as the network with the fastest local download and upload speeds in terms of the 2010 Broadband Survey, and it received the award for “2010 Mobile Broadband Service of the Year”, based - at least in part - on this. It is therefore ex facie true that, according to the 2010 Broadband Survey, Cell C's HSPA+ network is the fastest.
Cell C's claim is based on a survey done by an independent Web site, and the advertisement states this, maintains the authority.
Consumers have the option of deciding whether the 2010 Broadband Survey is reliable and significant or not. The respondent cannot logically be penalised for relying on what still appears to be a valid accolade.
Any issue the complainant has with the methodology and findings of the survey must be addressed with MyBroadband, advises ASA.
Whether or not Cell C will be able to maintain this fastest network is not relevant to the current dispute, as the network is currently the fastest, maintains the authority.
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