Options Available • Nothing • Self-discipline • Statutory Control • Self-regulation
What’s wrong with legislation alone? • Slow • Hard for consumers to understand • Expensive • Inflexible • Ignores “important trivia” • Inadequate and irrelevant sanctions
What is self-regulation? “… a system by which the advertising industry actively polices itself. The three parts of the industry – the advertisers … the advertising agencies … and the media – work together to agreed standards and set up a system to ensure that advertisements which fail to meet those standards are quickly corrected or removed …” Advertising self-regulation in Europe – the blue book
THE ASA • Independent • Reactive • Funded by advertising industry • Works closely with government, statutory bodies, consumer organisations • IBA Act
Austria Belgium Czech Republic Denmark Finland France Germany Greece Hungary Ireland Italy Luxembourg Netherlands Portugal Russia Slovak Republic Slovenia Spain Sweden Switzerland Turkey United Kingdom Canada New Zealand South Africa INTERNATIONAL RECOGNITION
CODE OF ADVERTISING PRACTICE • International Code of Advertising Practice of the International Chamber of Commerce • Adapted to South African context • In line with SA Constitution • Reviewed constantly
GENERAL PRINCIPLES OF THE CODEOF ADVERTISING PRACTICE
Responsibility “All advertisements should be prepared with a sense of responsibility to the consumer”
Substantiation • Before advertising is published advertisers shall hold in their possession documentary evidence to support all claims, whether direct or implied. • Evidence/research/proof must emanate from, or be evaluated by an independent, credible expert in the field to which the claims relate.
Misleading Claims 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.
Testimonials • Must be genuine • “Before” & “After” must be substantiated • Copies for inspection
Appendices • A – Medicinal & related products and advertisements containing health claims (MCC) • B – Liquor Advertising (ARA) • C – Advertising for cosmetics (CTFA) • D – Mail order advertising • E – Advertising for slimming (DOH) • F – Reference to diseases in advertising (DOH) • G – Advertising of breast milk substitutes, baby feeding bottles and teats (DOH) • H – Advertising for over-the-counter medicines • I – Advertising of timesharing (TISA) • J – Advertising containing environmental claims (Association of Marketers) • K – Advertising & collective investments (Association of Collective Investments) • L – Pet food advertising (PFI)
Appendix A • Medicines and related products and advertisements containing health claims • Dept of Health - MCC
Examples (App A) • Lists unacceptable claims and offers (Cure; Encouraging excess; Appeal to fear etc.) • Deals with specific products, treatments, symptoms and conditions • Other relevant rules
Appendix F • References to diseases in advertising • May not make or offer products, treatment or advice UNLESS these accord with full registration - MCC • Dept of Health - MCC
Examples (App F) • Arthritis / Osteoarthritis • Cancer • Diabetes • Migraine • Sexual Weakness • Thrombosis • AIDS (Subject to registration, being educational and in line with Code)
RULING Final Appeal Committee Advertising Standards Committee Advertising Industry Tribunal Directorate
Action • ENFORCEMENT • Ad Alert • SANCTIONS • Withdraw / amend • Pre-publication advice • Once off • Fixed period • Summarised ruling ad • Publishing rulings
Challenges • Increasingly litigious environment • Independent operators • Jurisdictional limitations • Resources available
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