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<p>Advertising in the UK is regulated by the Advertising Standards Authority (ASA),
the industry’s independent regulator, which enforces the Advertising Codes through
a system of self-regulation and co-regulation with Ofcom. The Codes apply to all media,
including broadcast and online. They incorporate all relevant legislation and set
standards for accuracy and honesty to which advertisers must adhere, including specific
conditions on advertising to children, causing offence and social responsibility.</p><p>
</p><p>The ASA is recognised by the government, the courts and trading standards as
the ‘established means’ for the enforcement of misleading advertising, and the Codes
include rules designed to ensure that advertisers do not mislead consumers. It has
a range of sanctions it can take against non-compliant advertisers and, as a last
resort, can refer some to Trading Standards.</p><p> </p><p>The ASA and Ofcom have
both taken action in relation to broadband speeds. In May 2018, the ASA implemented
new guidance that requires broadband speed claims in adverts to be based on the download
speeds available to at least 50% of customers at peak time and no longer on 'up to'
speeds available to at least 10% of customers.</p><p> </p><p>In March 2019, Ofcom
introduced an updated Broadband Speeds Code of Practice, which all the major communication
providers have signed up to. Under this code, companies have to provide consumers
with a minimum guaranteed speed at the point of sale. If a consumer’s speed then drops
below this level, companies have one month to improve performance, before they must
allow consumers to leave their contract without penalty. This right to exit also applies
to landline and TV packages, which are purchased at the same time as broadband services.</p>
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