A court has ruled that the South African Advertising Standards
Authority ("ASA") does not have the
authority to consider and rule on adverts placed by entities that
aren't members of the organisation.
Regular readers will know that the ASA is frequently used as a
forum for dealing with what are essentially trade mark or
passing-off disputes. This is because the ASA Code contains
provisions that prohibit advertising that causes consumer confusion
or involves slavish copying. The ASA also, of course, deals with a
range of other issues, such as advertising that is misleading,
dangerous or offensive.
The ASA's authority has, however, always been a bit tricky.
The ASA is a voluntary organisation, which means that the only
entities who are bound by its rulings are its members (members
agree to abide by its rulings when they join). Yet, the ASA
frequently rules on adverts that have been placed by entities that
aren't members of the organisation. These rulings tend to
