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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?.

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Options available

Options 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 in

Europe – the blue book


The asa

THE ASA

  • Independent

  • Reactive

  • Funded by advertising industry

  • Works closely with government, statutory bodies, consumer organisations

  • IBA Act


International 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

INTERNATIONAL RECOGNITION


Code of advertising practice

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 code of advertising practice

GENERAL PRINCIPLES OF THE CODEOF ADVERTISING PRACTICE


Responsibility

Responsibility

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


Substantiation

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

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

Testimonials

  • 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 a

Appendix 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 f

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

Examples (App F)

  • Arthritis / Osteoarthritis

  • Cancer

  • Diabetes

  • Migraine

  • Sexual Weakness

  • Thrombosis

  • AIDS (Subject to registration, being educational and in line with Code)


Ruling

RULING

Final Appeal

Committee

Advertising

Standards

Committee

Advertising

Industry

Tribunal

Directorate


Action

Action

  • ENFORCEMENT

    • Ad Alert

  • SANCTIONS

    • Withdraw / amend

    • Pre-publication advice

      • Once off

      • Fixed period

    • Summarised ruling ad

    • Publishing rulings


Challenges

Challenges

  • Increasingly litigious environment

  • Independent operators

  • Jurisdictional limitations

  • Resources available


The end

THEEND


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