Claims relating to the function of the aerosol dispenser must comply with the requirements of the Advertising Standards Authority of South Africa. Test methods of the European Aerosol Federation, FEA (Fédération Européenne des Aérosols) are acceptable for defining the physical properties of an aerosol dispenser.
Claims relating to the performance of the contents of an aerosol dispenser are not subject to this Code.
Complaints against advertising may be lodged with the either the Broadcasting Complaints Commission of South Africa in the case of questions relating to the appropriateness of the advertisement.
- Broadcasting Complaints Commission of South Africa
Broadcasting service licensees must ensure that all broadcasts comply with the Code of Conduct of the Broadcasting Complaints Commission.Broadcasting service licensees must not broadcast material which, judged within context, sanctions, promotes or glamorises violence or unlawful conduct based on race, national or ethnic origin, colour, religion, gender, sexual orientation, age, or mental or physical disability.Broadcasting service licensees must not broadcast material which, judged within context, amounts to
- propaganda for war;
- incitement of imminent violence; or
- the advocacy of hatred that is based on race, ethnicity, religion or gender and that constitutes incitement to cause harm.
Broadcasting service licensees must not broadcast material which is harmful or disturbing to children at times when a large number of children are likely to be part of the audience. Any advertisement that is intended to be shown outside of the “watershed period”, which means the period between 21h00 and 05h00 for free-to-air television Broadcasting service licensees and 20h00 and 05h00 for subscription television Broadcasting service licensees, must be suitable for viewing by children.
The full details of the Code of Conduct of the Broadcasting Complaints Commission can be found on their web site (www.bccsa.org.za).
- Advertising Standards Authority of South Africa
The Advertising Standards Authority of South Africa (ASA) is an independent body set up and paid for by the marketing communications industry to regulate advertising in the public interest through a system of self-regulation. The ASA works closely with government, statutory bodies, consumer organisations and the industry to ensure that the content of advertising meets the requirements of the Code of Advertising Practice.The full details of the Code of Advertising Practice (ASA Code) can be found on their web site (www.asasa.org.za) .
The primary object of this Code is the regulation of commercial advertising, it applies therefore (except as expressly provided otherwise) to all advertisements for the supply of goods or services or the provision of facilities by way of trade, and also to advertisements other than those for specific products which are placed in the course of trade by or on behalf of any trader. Its rules form the basis for arbitration where there is a conflict of interest within the business, or between advertisers and the general public.
For the purpose of this Code, “advertisement” means any visual or aural communication, representation, reference or notification of any kind, which is intended to promote the sale, leasing or use of any goods or services or which appeals for or promotes the support of any cause. Promotional content of display material, menus, labels, and packaging also fall within the definition. Editorial material is not an advertisement, unless it is editorial for which consideration has been given or received. The word “advertisement” applies to published advertising wherever it may appear, be it in television or print advertising of package labelling. It does not apply to editorial or programming publicity. It should be informative, factual, honest, decent, and legal and its content should not violate any of the laws of the country. All members who subscribe to 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 Copy, Advertising Properties or Appeal Committees.
The Code is to be applied in the spirit as well as in the letter.
In assessing an advertisement’s conformity to the terms of this Code, the primary test applied will be that of the probable impact of the advertisement as a whole upon those who are likely to see or hear it. Due regard will be paid to each part of its contents, visual and oral, and to the nature of the medium through which it is conveyed.
Where the overall impression of the advertisement as a whole is in doubt, the ASA may, with the concurrence and at the cost of the party or parties concerned, call for a consumer reaction test by independent research.
Responsibility for observing the Code rests primarily with the advertiser, but it also applies to any practitioner or medium involved in publication of the advertiser’s message to the public.
In the event that any marketer of an aerosol product has concerns that any television advertisement may potentially contravene the provisions of the Code, the Association for Communication and Advertising (ACA) established a voluntary advisory service on the ASA Code. The ACA Advisory Service provides valuable and affordable independent advice to any ACA member (most advertising agencies are members) who needs to ensure that its television advertising conforms to the Code. Possible legal issues are highlighted for further action. More information can be found on their web site (www.acasa.co.za).