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FAQs

What is the Advertising Regulatory Board?: At the end of September 2018, the Advertising Standards Authority of South Africa (ASA) was ordered to close its doors and liquidation proceedings were started. The industry refused to sit by and allow self-regulation to die and immediately launched a new entity called the Advertising Regulatory Body.
Is the ARB binding on broadcasters?: The ASA derived its power primarily from the Electronic Communications Act which, in s55, makes adherence to the Code of Advertising Practice a prerequisite of license conditions. The ASA was thus able to order broadcasters to withdraw any advertising ruled against.

In a stroke of thoughtful legal drafting, the ECA actually allows for a change of entity. The definition of Advertising Standards Authority states, “the entity which regulates the content of advertising, or any entity that replaces it but has the same functions.” In other words, the new entity will fall into this definition and still be binding. It is true that certain other regulations that recognise the ASA are not as thoughtfully drafted, and the ARB will have to lobby for regulatory recognition going forward.
Can I get MAC points?: The ARB administers 5 points of the MAC Charter in terms of s13 and s20 thereof. Three BBBEEE points are available for a certificate confirming there are no adverse decisions against you (“MAC Certificate”) and two for running an RSM campaign or donating to the ARB.

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Who is funding the ARB?: The ARB is funded by voluntary donations paid directly by marketers and advertisers. The industry calls on all marketers and agencies to play their part in the funding model.

Funders of the ARB

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Does a non-member have to listen to the ARB?: No. The ARB is a self-regulatory, membership-based entity. It makes decisions for the guidance of its members and broadcasters.

When the ARB receives a complaint against a non-member, it will always give that company an opportunity to respond. If the company fails to respond, or indicates that it does not regard the ARB as binding, a decision will be made simply to guide the members and broadcasters.

However, the non-member should note that:

1. Broadcasters are bound in terms of the Electronic Communications Act;
2. Other media may be members or may regard the decision as binding on them.
How do I complain?: Visit this page on our site:
Lodge a Complaint
Am I a member? How do I become a member?: The way ARB membership works is through membership of the bodies that are our members. Depending on what you do, you might look at the Founding Members and the Other Members of the Advertising Regulatory Board.

These organisations are members of the ARB and as such, their members are also bound by the rulings of the ARB.

If you don’t want to become a member of one of these bodies, but you want to be part of the ARB system, you can sign a Responsible Marketer or Agency pledge. Contact us for more information on info@arb.org.za

If you are an advertising agency and have applied for a tender, you may require this documentation

If an agency needs to show ARB membership for a tender we suggest:

If you are a member of one of our members, we can issue a letter confirming that for purposes of tenders you qualify. For agencies, the ACA is your most likely body, or possibly the IAB; or

Get a MAC Certificate from us.

• While this is actually a certificate for Responsible Social Marketing (RSM) B-BBEE points, it seems to give the tender the comfort that they are looking for.

• The MAC Certificate is usually used to get RSM points in the B-BBEE assessment but can also be used to show that you are in good standing with the ARB (please don’t get this confused with the B-BBEE requirements of the tender).

• Visit our MAC Points page for further information.