The Advertising Standards Authority (ASA) has upheld a complaint made by TalkTalk in relation to a broadband advertisement from Tiscali.

TalkTalk was unhappy with the provider's claim to offer speeds of "up to 8Mb", followed by the small print that "top speeds vary significantly...".

It was pointed out that the qualifying text was not prominent enough and that customers could be misled.

The ASA ruled that "if the qualification 'Top speeds vary significantly'... had appeared in the body copy instead of the small print" the ad would have been acceptable.

"However, because the qualification had not appeared in the body copy... we considered it was insufficiently prominent and the claim 'up to 8 Mb Broadband'... was therefore misleading."

Tiscali has now agreed to include the qualification within the main body of text featured in the advertisement.