A complaint lodged by BT about the speeds of Virgin Media"s broadband service has been upheld by the Advertising Standards Authority.
The challenge centred around its advertisement "Hate to Wait?", which ran in the national media and featured download times for songs and TV shows.
BT argued that Virgin"s usage caps meant that downloads during peak times would be slower than advertised.
The ASA has agreed and ordered Virgin to make it clear that speeds will vary.
In its adjudication it said that the advert did not make it clear that customers on Virgin Media"s lower speed packages would only be able to download TV shows at the speeds advertised during off-peak hours.
It ruled that Virgin Media needed to clarify that download times would be restricted during peak hours.