The Advertising Standards Authority (ASA) has prohibited Three from running advertisements that claim it is the only network in the UK offering “real 5G.”
UK advertising regulations require that any claim of being superior to competitors be supported by clear, substantiated evidence.
Three’s advertisements relied on the fact that it holds a contiguous 100 MHz block of spectrum, a detail the operator used to argue that its service meets the International Telecommunication Union’s (ITU) definition of “true” 5G.
The ITU has indicated that a 5G experience aligned with its technical definition may require 100 MHz of contiguous spectrum, so Three’s claim had a technical basis. Three has acquired a total of 140 MHz of spectrum suitable for 5G and asserted that this allocation would allow peak speeds up to twice those of rival networks at launch.
Last June, then-Three CEO Dave Dyson stated: “5G is a game-changer for Three, and of course I am excited that we will be the only operator in the UK who can offer true 5G.”
Vodafone was the nearest competitor in terms of contiguous spectrum, holding 50 MHz.
Vodafone, EE, an independent consultant and three members of the public lodged complaints challenging Three’s advertising for implying that rival operators were not offering genuine 5G services.
In a previous interview with TechRadar Pro, Dyson had said: “Of course EE and Vodafone have launched [5G] but the reality is that, whether 100 MHz is the standard or not, our 5G service uses double the spectrum and in practice that means double the capacity.”
The ASA acknowledged Three’s reference to the ITU’s 100 MHz guidance but judged that, given the early stage of 5G rollouts and the limited availability of compatible devices at the time, it was unlikely any spectrum-related capacity constraints would materially affect consumers’ experiences. As a result, the ASA concluded Three’s adverts were likely to mislead by implying other operators could not provide a “true 5G” service.
Consequently, Three has been told not to publish future advertising in the same form.
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