1.The Advertising Standards Authority of South Africa (also known as the ASA) is an independent body set up and paid for by the marketing communication industry to ensure that its system of self-regulation works in the public interest. The ASA has a president independent from the industry.

2.The Code of Advertising Practice is the guiding document of the ASA. The Code is based upon the International Code of Advertising Practice, prepared by the International Chamber of Commerce. This is inter­nationally accepted as the basis for domestic systems of self-regulation, it forms the foundation of this Code in which the basic principles laid down in the International Code are related to the particular circumstances of advertising in South Africa. The Code is drawn up by the ASA with the participation of representatives of the marketing communication industry, and is amended from time to time to meet the changing needs both of the industry and of our society.

3.The members of the ASA are required to adhere to this Code. The following organisations are members of the ASA–

3.1Association for Communication and Advertising

3.2Association of Collective Investments (ACI)

3.3Cinemark (Pty) Ltd

3.4Cosmetic Toiletry & Fragrance Association of South Africa

3.5Franchise Association of Southern Africa

3.6Furniture Traders’ Association of South Africa

3.7Health Products Association of Southern Africa

3.8Hospital Association of South Africa

3.9Industry Association for Responsible Alcohol Use

3.10Information Technology Association

3.11Marketing Federation of Southern Africa

3.12Namibia BroadcastingCorporation (Associate Member)

3.13National Association of Broadcasters of South Africa

3.14Outdoor Advertising Association of South Africa

3.15Pet Food Institute of Southern Africa, The

3.16Pharmaceutical Manufacturers’ Association of South Africa

3.17Print Media SA

3.18Printing Industries Federation of South Africa

3.19Retail Motor Industry Organisation

3.20Sales Promotion and Design Association

3.21Self-Medication Manufacturers’ Association of South Africa

3.22South African Optometric Association

3.23Timeshare Institute of Southern Africa.

4.This Code is supplemented by individual codes which are determined by the various member organisations or negotiated with governmental institutions. These individual codes are reflected in the Appendices to the Code. All such codes conform to the general principles laid down by this Code and differ only in detail where the individual needs are to be met.

5.The provisions of the Code are mostly broadly framed, but special rules covered by Appendices hereto apply to particular audiences and to certain categories of products and services.

6.The Code is administered by the Directorate and ASA Committees drawn from the constituent member bodies and, where applicable, consumer organisations. Powers are vested in the Directorate and ASA Committees.

7.The Code binds the advertiser, the advertising practitioner and the medium involved in publication of the advertiser’s message to the public.

8.The interpretation of the Code is vested in the Directorate and ASA Committees.

9.The ASA maintains close contact with government departments, consumer organisations, relevant NGOs and trade associations.

10.All advertising on electronic broadcast media is subject to the Indepen­dent Broadcasting Authority Act 194 of 1993. In terms of this Act all electronic broadcasters must adhere to the ASA Code as determined and administered by the ASA.

11.Advertising is a service to the public and, as such, should be informative, factual, honest, decent and its content should not violate any of the laws of the country. All entities bound by the Code shall neither prepare nor accept any advertising which conflicts with the Code and shall withdraw any advertising which has subsequently been deemed to be unacceptable by the ASA Directorate, Advertising Standards Committee, Advertising Industry Tribunal or Appeal Committee.

12.The Code has two main purposes, namely, to protect the consumer, and toensure professionalism among advertisers. The Code lays down criteria for professional conduct, while at the same time informing the public of the self-imposed limitations accepted by those using or working in advertising. The Code forms the basis for arbitration where there is a conflict within the industry, or between advertisers and the general public.

13.The Code is designed to complement, rather than replace, legislation that exists to protect consumers from dishonest and fraudulent trading practices. Three reasons may be advanced for the need for a regulatory code in addition to such legislation:

13.1First, legislative controls are not intended to distinguish between advertisements which live up to the best professional standards and those which do not. This is the concern of the advertising industry itself. To this end the industry has voluntarily adopted this Code of Conduct to maintain the standards of fair dealing and honest trading in advertising that the consumer is entitled to expect. The industry believes that professional regulations, voluntarily applied, can ensure the elimination of deceptive or harmful practices more speedily and at less cost than legislative intervention, andthatsuch regulations are also more easily adaptable to changing economic and social conditions.

13.2The second reason for a self-regulatory Code is that those who are bound by it agree to observe it both in spirit and in the letter, and not to circumventit by dubious ingenuity.Advertisers
accept a straightforward obligation to the public and to one
another.This obligation entails advertisers making promises that are honestand intelligible; offering performance that matches their promises; and using fair methods of selling.Continued
observance of the Code does much to advance the standing of advertising as an essential element in the marketing of goods and services and thus promotes goodwill and understanding between advertisers and the consumers.

13.3Third, a Code of Practice can maintain standards in an area ofcommunication which defies legal definition, that of good manners and taste. Advertisers are expected at all times to be scrupulous in their respect for individual privacy and personal susceptibilities.

14.ASA procedures are designed to assist any person who wishes to complain about an advertisement (advertisers, consumers, competitors, agencies, industry bodies etc). Adherence to these procedures will ensure effective and timeous resolution of complaints. The procedures are designed to grant all concerned a fair and equal opportunity to be heard without fear of bias. The Procedural Guide to the Code forms an integral part of the Code.