Options Available

Options AvailableOptions Available

Nothing

Self-discipline

Statutory Control

Self-regulation

What’s wrong with legislation alone?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?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 inEurope – the blue book

THE ASATHE ASA

Independent Reactive Funded by advertising industry Works closely with government, statutory

bodies, consumer organisations IBA Act

INTERNATIONAL RECOGNITIONINTERNATIONAL RECOGNITION

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

CODE OF ADVERTISING PRACTICECODE 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

GENERAL PRINCIPLES

OF THE CODEOF ADVERTISING

PRACTICE

ResponsibilityResponsibility

“All advertisements should be prepared with a sense of responsibility to the consumer”

Substantiation Substantiation

1. Before advertising is published advertisers shall hold in their possession documentary evidence to support all claims, whether direct or implied.

2. Evidence/research/proof must emanate from, or be evaluated by an independent, credible expert in the field to which the claims relate.

Misleading ClaimsMisleading 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.

TestimonialsTestimonials

Must be genuine “Before” & “After” must be

substantiated Copies for inspection

Appendices 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 AAppendix A

Medicines and related products and advertisements containing health claims

Dept of Health - MCC

Examples (App A)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 FAppendix 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)Examples (App F)

Arthritis / Osteoarthritis Cancer Diabetes Migraine Sexual Weakness Thrombosis AIDS (Subject to registration, being

educational and in line with Code)

RULINGRULINGFinal Appeal Committee

AdvertisingStandardsCommittee

Directorate

Advertising IndustryTribunal

ActionAction

ENFORCEMENT– Ad Alert

SANCTIONS– Withdraw / amend– Pre-publication advice•Once off• Fixed period

–Summarised ruling ad–Publishing rulings

ChallengesChallenges

Increasingly litigious environment Independent operators Jurisdictional limitations Resources available

THE

END

THE

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