The UK High Court of Justice ruled in favour of the Advertising Standards Authority.
Background: The UK Advertising Standards Authority (ASA) reviewed the use of the term ‘fibre’ in advertising in 2017. It found that, while the term is used to describe connections partially made up of fibre, such as FTTC, the use of the term was unlikely to mislead consumers. In March 2018, the wholesale-only operator CityFibre sought appeal on the decision, arguing that users cannot be led to think that part-fibre connections deliver the same benefits as full-fibre ones.
The judgment: The High Court of Justice has now upheld the ASA’s review. As a result, the ASA’s guidance on the matter remains valid, and ISPs can continue to use the word fibre when referring to part-fibre connections.
The reactions: The ASA welcomed the verdict, noting that its position was based on ‘robust methodology and open minded analysis of all of the arguments’. Back then, the ASA found that the word fibre is not a key differentiator; consumers do not change their purchasing decisions once they are educated about its meaning. CityFibre is disappointed: its CEO, Greg Mesch, said “we continue to believe it is not right for consumers to be misled into thinking copper-reliant connections are ‘fibre’ broadband”. CityFibre notes recent decisions in other countries (e.g. France, Italy) which have limited the use of fibre to FTTP/FTTH connections; the company is considering appealing the judgement.
