Advertising law

The ARB Code is not ‘Members Only’

The Advertising Regulatory Board (“the ARB”) is an independent entity established to regulate advertising in South Africa.  The ARB administers the Code of Advertising Practice which regulates the content of South African advertising.  The ARB’s Code of Advertising Practice sets out the basic principles of what is regarded as acceptable advertising.  Although the ARB is a membership-based entity, and only members of the ARB [...]

By | 26th January, 2021|Advertising law, Media Law, PPM Attorneys|

And the winner is…

Promotional competitions and prize draws are one of the ways in which businesses increase sales of goods and services, while creating brand awareness among consumers.[1] Such competitions can be entered into via television, radio, company websites, newspapers as well as social media platforms. The Consumer Protection Act[2] (“CPA”) regulates promotional competitions or prize draws in South Africa.  Part E of [...]

Do social media influencers have to tell you when they’re #Sponsored?

What do Kylie Jenner, Selena Gomez, Christiano Ronaldo and Dwayne “The Rock” Johnson all have in common?  They’ve all been paid close to a million dollars for a single post on social media. Sure, these are A list celebrities, but YouTube, Instagram, Vine and SnapChat stars like Lilly Singh, Zach King, Jake Paul and Lele Pons also have big brands [...]

By | 21st May, 2019|Advertising law, Consumer Law, Media Law, PPM Attorneys, Social media law|

You can skip this ad in 5 … 4 … 3 … 2 … 1…

That loud exhale and eyeroll when you’re scrolling through Facebook or Instagram and you accidentally double tap that “sponsored advertisement”.  But … how did they know you were interested in travelling, or that you’re just dying to go to Ultra Music Festival??  You would have totally scrolled passed it if it wasn’t something you were interested in. Targeted advertising makes [...]

By | 5th February, 2018|Advertising law, PPM Attorneys, Social media law|

Does your advertisement comply with the general principles of advertising, as set out by the ASA and what action can consumers take against you as a result of non-compliance with the general principles?

  In terms of the standards of advertising, all advertisements must comply with certain criteria as set out by the Advertising Standards of Authority of South Africa’s (ASA) Codes of Advertising.  One of these general principles is misleading claims.  In this regard, it provides that “Advertisements should not contain any statement or visual presentation which, directly or by implication, omission, [...]

By | 5th February, 2018|Advertising law, Media Law|

COMPARATIVE ADVERTISING: DO YOUR BATTERIES LAST UP TO 10X LONGER?

Introduction The Advertising Standards Authority (“ASA”) recently ruled that Duracell’s claim that its batteries “last up to 10 times longer” than ordinary zinc batteries was misleading to consumers and effectively breached Clause 4.2.1 of Section II of the Code.  This decision followed a referral by Eveready (Pty) Ltd which stated that Duracell’s advertising campaign breached five codes under the ASA’s [...]

By | 9th November, 2017|Advertising law, PPM Attorneys|

WHO DO CONSUMERS COMPLAIN TO IF THEY WATCH OR HEAR AN ADVERT WHICH OFFENDS THEM AND WHAT IS THE RECOURSE PROVIDED TO THEM?

The Advertising Standards Authority (“ASA”) has a Code of Advertising Practice (“the Code”).  The Code sets out guidelines and/or principles which must be complied with when advertising.  These Codes apply to every type of advertising, every sector and any medium of advertising. The Code contains 19 clauses which deal with different elements.  This article deals with clause 1 of section [...]

By | 6th March, 2017|Advertising law, Consumer Law, PPM Attorneys|

Businesses lure Pokémon Go players to their doorsteps

Businesses have latched on to the Pokémon GO phenomenon by luring customers to their doorsteps, quite literally. The game offers a range of in-app purchases and the one that is most important for businesses is lures. A lure module allows you to attract wild Pokémon, thereby increasing the rate of Pokémon generation in the area around the Pokéstop where they [...]

By | 12th August, 2016|Advertising law, Commercial Law, PPM Attorneys|

New requirements for collective investment scheme advertising, marketing and information disclosure

The Registrar of Collective Investment Schemes, on 8 August 2014, published a notice setting out new advertising, marketing and information disclosure requirements (“the notice”). The notice also sets out the manner in which managers of collective investment schemes must lodge advertising and marketing material with the Registrar. The notice aims to achieve the following: Provide a legal framework within which [...]

By | 25th August, 2014|Advertising law, Information Security, PPM Attorneys|

Individual challenges city of Johannesburg advert at advertising standards authority and loses

An interesting complaint was lodged with the Advertising Standards Authority (“the Authority”) recently. The complainant was listening to the radio when an advert from the City of Johannesburg (“the City”) was broadcast. The advert stated amongst other things that the City was financially stable. The complainant lodged a complaint based on Clause 4.2.1 in Section II of the Code of Advertising [...]

By | 5th December, 2013|Advertising law, PPM Attorneys|