Re: ASA has recommended that future broadband advertisements should...
"You may have been misled about their remit by the ASA advertising."
To spell it out:
The ASA has no legal remit.
It is a TRADE ASSOCIATION(*). It has NO LEGAL POWERS.
_All_ it can do if ignored is notify trading standards (or Ofcom), the same as us mere plebs.
(*) Membership of the ASA is those very same companies who run the adverts. It's very much "fox guarding the henhouse" material (the industry was given a choice of "selfregulation" or having the government impose laws). I have a large stack of correspondence from them blowing off various complaints and claiming not to be covered by FOI legislation(**)
(**) Hint: Regulators and private bodies which act as regulators(***) in the absence of government ones, or any organisation operating under contract to a government body in areas which that body would otherwise be responsible for, or any organisation which has been delegated power by a regulator(****) are covered by FOI (This is why ACPO rolled over and "voluntarily submitted" to FOI framework rather than having the ICO declare they're covered.)
(***) IE, the General Medical Council, Trade disciplinary bodies, etc. The ICO was "rather interested" in the claim to not be covered, to say the least, but didn't take it further.
(****) Ofcom delegated limited power to the ASA about 7 years ago. Basically ASA is supposed to be first port of call for misleading adverts and the ASA will raise it to Ofcom from there. The ASA still maintains it's not covered by FOI legislation.
An enterprising journalist might like to test their non-FOI coverage claims and then see how the ICO reacts when given the ASA's response.