Robert Troy (Longford-Westmeath, Fianna Fail)
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1479. To ask the Minister for Communications, Energy and Natural Resources if he will examine the way in which broadband service providers can advertise the availability of speeds within an area which may not be achievable at all; and if he will make a statement on the matter. [41637/16]

Denis Naughten (Roscommon-Galway, Independent)
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I share the concerns about advertised speeds versus those that are experienced by consumers. I note however that much of the current significant investment being made by commercial operators involves emphasis on fibre and fibre-powered connectivity. I am confident that these fibre-based investments, together with the State-led investment planned  under the National Broadband Plan will significantly enhance the overall level of service quality for customers.

While there is no legislation specific to the marketing of broadband services in Ireland, such marketing is governed by  the law generally applicable to the sale of goods and services. Businesses are not allowed to make statements that are incorrect or likely to create a false impression. This applies to their advertising, their product packaging, and any information provided by their staff or online shopping services to consumers. It also applies to any statements made by businesses in the media or online, such as testimonials on their websites or social media pages.

I understand that while ComReg does not have a specific role in respect of advertising, the regulator liaised with the Advertisement Standards Authority of Ireland (ASAI), resulting in the ASAI issuing an Advice Note on Broadband Advertising available at  . 

More recently, the Mobile Phone and Broadband Taskforce, which  I and Minister Humphreys established last July, also considered this issue of advertising and in its report, published on our Departments’ websites last December, recommended that the Advertising Standards Authority (ASAI) review advertising in this area. The Taskforce also recommends that operators review their own advertising to ensure they are not creating a false or misleading impression, and also that any consumer who feels they have been misled contact Advertising Standards Authority to enable them to investigate.

I would add that any regulatory issues surrounding quality of service are the responsibility of ComReg. If, after having exhausted the services provider’s complaint handling procedures, a customer is not happy they may contact ComReg Consumer line on 01 8049668 email at , or through ComReg complaints handling online form detailing their complaint and providing their contact details.