BIZCOMMUNITY – KHAYA GROUP JOB / M ZIBI – 4843 F
- Ruling of the:
- In the matter between:
MR MANDLA ZIBI
BIZCOMMUNITY PUBLISHING SOUTH AFRICA PTY (LTD)
15 March 2017
Mr Zibi lodged a consumer complaint against an advertisement for the post of a "Copywriter / Journalist” which appeared on www.bizcommunity.com during January 2017.
Among the advertised requirements was, "Native English speaking”.
The complainant submitted that the advertising is discriminatory on the basis of language, race and ethnicity; and that it is in violation of the South African constitution and labour law.
Relevant Clause of the Code of Advertising Practice
In light of the complaint Clause 3.4 of Section II (Discrimination) was taken into consideration.
The respondent submitted that the advertisement had already reached its expiry date. It further submitted that the phrase is common parlance, but that it has had internal talks around the issue, and has decided to amend the advertisement to avoid these types of complaints. Requesting "Exceptional English writing and communication skills” should address the issue and will be used going forward.
All support staff will be alerted of this amendment, so as to ensure that the correct script is used in future. In addition, the respondent thanked the complainant for his submissions, and apologised for any aggravation caused.
ASA Directorate Ruling
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, the undertaking may, at the discretion of the ASA, be accepted without considering the merits of the matter
The respondent submitted that the specific advertising had run its course, and that future executions would rather feature the phrase "Exceptional English writing and communication skills”.
As the respondent’s undertaking and corrective measures appear to address the complainant’s concerns, it is accepted as an adequate resolution to the matter.
The undertaking is therefore accepted on condition that the original advertisement is not used again in future.
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