Continental Tyres SA / SAFA / 14688
Ruling of the : ASA Directorate
In the matter between:
South African Football Association	Complainant(s)/Appellant(s)
Continental Tyres SA	Respondent

05 Nov 2009

Adams & Adams Attorneys, on behalf of the South African Football Association, lodged a sponsorship complaint against Continental Tyres SA’s advertisement that appeared at the Contipartner website home page “www.contipartner.co.za”.

The advertisement complained of refers to “ ...I am a South African soccer sponsor” and used a little boy in a Bafana Bafana jersey stating that he wants to be a “ South African soccer sponsor”.

COMPLAINT
In essence, the complainant submitted that the advertisement constitutes ambush marketing by Continental Tyres SA in that Continental Tyres SA is not a partner of the South African Football Association and has no right to associate itself with South African national team. The Complainant submitted further that the depiction of the little boy wearing a Bafana Bafana jersey and the statement by the actors to the effect “I am a South African soccer sponsor” creates an impression that Continental Tyres SA is associated with Bafana Bafana, the South African national team, when in fact that is not the case.

RELEVANT CLAUSES OF THE CODE OF ADVERTISING PRACTICE
In light of the complaint, Clause 3.7 (Ambush Marketing);
Clause 11 (Unacceptable sponsorship practices) of the Sponsorship Code; and
Clause 8 (Exploitation of advertising Goodwill) of the Code of Advertising Practice, were considered.

RESPONSE
Ebony and Ivory advertising agency responded on behalf of the respondent and indicated that they regret that the advertisement has been viewed with unfavourable feedback from the complainant. The intention was never to offend or to leverage any other parties’ goodwill or brand. FIFA approval had been obtained prior to the filming of the advertisement and incorrectly assumed that due to the FIFA due diligence process, that the advertisement and therefore the implications would have been passed via SAFA if FIFA approved it.

Despite the above submissions, the respondent undertook that the advertisement will stop flighting with immediate effect on TV as well as the website. The respondent also wishes to meet with SAFA and apologise.

ASA DIRECTORATE RULING
The ASA Directorate considered the relevant documentation submitted by the respective parties.

The ASA has a long standing principle which holds that where an advertiser provides an unequivocal undertaking to withdraw or amend its advertising in a manner that addresses the concerns raised, that undertaking is accepted without considering the merits of the matter.

Accordingly, should the Directorate be satisfied that the undertaking provided by the respondent sufficiently addresses concerns raised by the complainant, it will accept this as an adequate resolution to the matter.

The complainant objected to Continental Tyres SA’s advertisement that created an impression that the respondent is associated with Bafana Bafana, when in fact the opposite is the case. The respondent has undertaken to stop flighting the advertisement with immediate effect.

Given the above voluntary undertaking, the Directorate is satisfied that the complainant’s concerns are adequately addressed.

The Directorate is convinced that the respondent did not intentionally attempt to exploit or leverage on SAFA’s advertising goodwill as it had obtained FIFA’s prior approval in filming the advertisement. The respondent’s conduct in obtaining FIFA’s prior approval shows its bona fides in trying to avoid the alleged contravention. This ground of complaint is dismissed.

The voluntary undertaking is therefore accepted on condition that the advertisement:

• Is withdrawn within 7(seven) days of issuing of this Ruling;
  
  
• Will not be used again in future;
  
  
• The respondent’s attention is also drawn to Clause 15.5 of the Code of Advertising Practice.