Advert watchdog to get teeth

02 August 2016 - 09:47 By KATHARINE CHILD

The Advertising Standards Authority, the self-regulating body that rules on consumer complaints about print, television, radio and other adverts, may be getting an upgrade of legal power. The move could see stricter provisions for the advertising of alcohol.The Department of Trade and Industry, via the Consumer Commission, gazetted a proposal last week that would make the ASA an official ombud.This could mean its advertising code, currently only followed by some media, brands and advertising agencies that subscribe to it, could become law.The proposal lays out a code that would regulate adverts to ensure consumers are not misled with false promises.The public has three months to comment on whether the advertising code should be given legal power and if anything needs to change, said ASA head of legal affairs, Freddy Makgoto.The code takes a tough stance on alcohol advertising.Billboards advertising alcohol may not be placed within 200m of schools or community halls and must contain a warning.Alcohol ads may not be flighted on television between 2pm and 5pm, when children are likely to be watching.The code also says that if more than 30% of the audience is below 18 years old, alcohol adverts cannot be flighted.The code also looks at direct marketing, pet food and theadvertising of sunscreen, banning the use of the words "sweat-resistant" and "waterproof".Advertising expert Chris Moerdyk said: "The ASA has been pushing for formal recognition for a long time but it has also been dysfunctional for a long time."The ASA has previously admitted to being cash-strapped."It's going to be absolutely fascinating to see what kind of comments on the gazettes are submitted as there is an enormous anti-advertising authority sentiment at the moment."If the ASA becomes a fully recognised statutory body, it might have to change what it does," Moerdyk said.Currently, the ASA can instruct a member media house to cease using an advert before investigating whether the advert is offensive or unsubstantiated."This is guilty before proven and it is unconstitutional," said Moerdyk...

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