Consumer protection through responsible advertising
The Supreme Court of Appeal confirms the ARB’s jurisdiction over advertising
Johannesburg, 2022-Apr-13
The Supreme Court of Appeal handed down a decision on 12 April 2022, confirming that the Advertising Regulatory Board (ARB) is entitled to consider the advertising of non-members, and issue decisions thereon, for the guidance of its members.
The decision follows protracted litigation, starting with Bliss Brands bringing a review application before the High Court, followed by the High Court making a finding that the jurisdiction of the ARB was “unconstitutional”, and finally coming to the comprehensive decision handed down by the Supreme Court of Appeal, confirming the ARB’s right, and the rights of its members, to make decisions about non-members.
The issue of review has been referred back to the High Court.
“We are delighted by the outcome,” says Gail Schimmel, CEO of the ARB. “This has been a long, hard road but we have been driven by the knowledge that our work is a vital part of consumer protection in South Africa. Our enormous thanks go to our legal team: Matthew van der Want (Fairbridges Wertheim Becker), Adv Steven Budlender, Adv Nick Ferreira, Adv Katherine Harding and Adv Karabo Mvubu. This team worked tirelessly to save self-regulation of advertising in South Africa.”
“The decision is important not only for the ARB but for all self-regulatory and voluntary bodies,” says Sadika Fakir, Chairperson of the ARB Board. “The Court has recognised the right of association that is exercised when entities join a self-regulatory association. But mostly, this victory is a victory for consumer protection, which is the driving force behind the work of the ARB.”
“We are very pleased by this victory for self-regulation in South Africa,” says Sibylle Stanciu-Loeckx, Director of the International Council for Advertising Self Regulation. “The principles in this decision that uphold the freedom of expression and the right of an industry to self-regulate in the public interest, are important principles for self-regulation all over the world.”
The full text of the judgement is available on request.
Queries can be addressed to gail@arb.org.za
Some key verbatim quotes from the decision:
The Advertising Regulatory Board
NPC 2018/5288775/08
Protection of your personal information
Website by Gendel Interactive
Block 4, Albury Office Park,
1 Magalieszicht Road, Dunkeld West Johannesburg South Africa