On: 03 Apr 2009
On 13 February 2009, the Authority published in notice number 172 of 2009, government gazette number 31903 (the notice), a notice of its intention to make regulations and Code of Advertising Practice setting out the standards, practice and prohibitions in advertising, sponsorships and other forms of commercial prohibition by radio and television broadcasting service licencees (the draft regulations).
The draft regulations are made in terms of section 4 read with section 55(1)(2)(3) and section 95 of the Electronic Communications Act 36 of 2005 (the EC Act). Section 55 enjoins all broadcasting licencees to adhere to the Code of Advertising Practice as administered by the Advertising Standards Authority of South Africa. Subsequently, the Authority published in government gazette 32014, an explanatory memorandum outlining the Authority’s rationale or thinking on the issues raised in the draft regulations. This came as a result of the concerns that arose in a workshop the Authority held on 30 March 2009. In the workshop, stakeholders expressed their dismay in the way in which the draft regulations have deviated from the 1999 ICASA Advertising, Infomercials and Programme Sponsorships Regulations (the 1999 Regulations), and requested the Authority to provide the reasoning behind the deviation.