- The Advertising Regulatory Board has upheld a consumer complaint against Openweb over its uncapped 5G internet advertising.
- The ARB found that the claim “Uncapped 5G Anytime – works 24/7” implied guaranteed 5G delivery without proper qualification.
- Openweb has been ordered to amend its advertising immediately to reflect that its services are offered on a best effort basis.
For many South Africans, internet connectivity is not an optional extra but a critical tool for earning a living, studying, and staying connected to the world.
When an internet service is sold with the promise “Uncapped 5G Anytime – works 24/7”, that language carries weight. It signals certainty, consistency, and performance. According to the Advertising Regulatory Board (ARB), Openweb’s advertising failed to meet that promise.
In a ruling issued on 4 December 2025, the ARB upheld a consumer complaint against Openweb, finding that its online advertising created a misleading impression about guaranteed access to 5G services. The Directorate held that the way the product was presented crossed the line set by the Code of Advertising Practice, which states that “Advertisements should not contain any statement or visual presentation which, directly or by implication, omission, ambiguity, inaccuracy, exaggerated claim or otherwise, is likely to mislead the consumer.”
The complaint arose after a consumer purchased two Openweb packages, including the company's higher-priced “Full Speed Pro” option. Despite using a 5G capable router, the consumer reported receiving only 4G speeds of around 10 Mbps. The experience, the consumer said, stood in stark contrast to the repeated 5G claims made in the advertising.
Openweb’s explanation and reliance on terms
Openweb rejected the allegation of misleading advertising and argued that its services are provided on a best effort basis. The company told the ARB that this is “an industry standard practice across mobile network operators and resellers”, explaining that performance is influenced by factors such as “tower congestion, distance from the nearest tower, line of sight interference, device compatibility, and network prioritisation by the underlying carrier.”
The advertiser further maintained that its use of “4G/5G” was accurate because it referred to network compatibility, not guaranteed coverage. According to Openweb, “every SIM card supplied to the Advertiser’s clients is 5G capable” and will connect to 5G where infrastructure allows, while automatically falling back to 4G where it does not.
On this basis, Openweb submitted that “no false or misleading claims were made regarding speed or guaranteed 5G coverage” and asked that the complaint be dismissed.
Why the ARB disagreed
The Directorate carefully examined how the product was marketed and found that the problem lay not in the technical explanation offered after the fact, but in what consumers were told upfront. The ARB noted that the advertisement contained three separate references to network generation, including “4G/5G” at the top of the advertisement, “Use your own 4G/5G router”, and the headline claim “Uncapped 5G Anytime – works 24/7”.
While the ARB accepted that “to some degree consumers are aware that 4G or 5G capability will depend on variables such as your router and your location”, it found that the wording used went further than merely describing compatibility. The Directorate held that the phrase “Uncapped 5G Anytime – works 24/7“ implies that 5G is available at all times and “does not clarify that the offering is 4G OR 5G, and instead appears to guarantee 5G delivery.”
The absence of any disclaimer proved decisive. The ARB found “a complete absence of any clarification that the 5G delivery is not guaranteed”, adding that this could have been addressed through “an express disclaimer, or by a disclaimer asterisked to the references to 4G/5G, explaining why both are listed.”
Without such clarification, the Directorate said, “customers would not be able to differentiate between network compatibility and guaranteed performance.” In the ARB’s view, this omission made the advertising misleading.
Premium pricing and consumer expectations
The Directorate also considered how the packages were positioned on Openweb’s website. It noted that the “Full Speed Pro” package was the “top tier and most expensive offer in its category” and was grouped under the heading “Uncapped and Unlimited 4G/5G”. In that context, the ARB found that “the consumer would expect the ‘Full Speed Pro’ package to deliver a ‘full speed’ service.”
This expectation, the ARB said, made it even more important that limitations be disclosed clearly and prominently. The Directorate warned that it is “problematic to advertise a product for sale and not inform the customer upfront that uncapped 4G / 5G data is dependent upon network compatibility.”
Openweb’s reliance on its terms of service did not persuade the regulator. While the ARB accepted that best effort delivery is widely understood in principle, it found that this understanding cannot be assumed in advertising. The ruling states that “this advertisement does not go far enough in drawing attention to the limitations”, despite the explanations contained in the company’s contractual terms.
The Directorate concluded unequivocally that “the Advertisement is misleading, and it is in contravention of Clause 4.2.1 of Section II of the Code.” The complaint was therefore upheld.
The decision carries implications beyond a single advertiser. It reinforces the principle that clarity must come before conversion. Where advertising language suggests certainty, availability, or guaranteed performance, those claims must be capable of being delivered in reality, or clearly qualified at the point of marketing.
As the ARB’s reasoning makes clear, compatibility is not the same as performance, and consumers should not be left to discover that distinction only after paying for a service.
Sanction and immediate compliance
As a sanction, the Advertising Regulatory Board instructed Openweb to amend its advertising to “remove or amend the claim ‘Uncapped 5G Anytime – works 24/7’” and to include an indication that the service is offered on a best effort basis.
Get your news on the go. Click here to follow the Conviction WhatsApp channel.
