Advertising Regulatory Board

The Advertising Regulatory Board (ARB) is an independent entity organised and financed by members of the marketing communications industry of South Africa. Its purpose is to manage South Africa's voluntary, self-regulating system of advertising.

Advertising Regulatory Board
PredecessorAdvertising Standards Authority of South Africa
FormationNovember 2018 (2018-11)
Registration no.NPC 2018/5288775/08
Legal statusNon-profit organisation
PurposeAdvertising regulator
HeadquartersAlbury Office Park, 1 Magalieszicht Road, Dunkeld West
Location
Coordinates26.1260407°S 28.0317545°E / -26.1260407; 28.0317545
Membership (2023)
Members
  • Association for Communication and Advertising (ACA)
  • Interactive Advertising Bureau (IAB)
  • Marketing Association of South Africa (MASA)
  • Association of Independent Publishers (AIP)
  • Drinks Federation of South Africa (DFSA)
  • National Association of Broadcasters (DAB)
  • Pet Food Industry Association of Southern Africa (PFISA)
  • Vapour Products Association of South Africa (VPASA)
CEO
Gail Schimmel
Websitearb.org.za

History

In 2018, the ARB was founded after the forced liquidation of the Advertising Standards Authority of South Africa (ASA). It superseded the ASA in terms of the Electronic Communications Act in administering the Code of Advertising Practice.[1]

In 2021, the ARB signed a Memorandum of Understanding with the Independent Communications Authority of South Africa to escalate broadcast licensee issues related to advertising.[2]

Member organisations

The founding members are:[3]

Members
  • Association of Independent Publishers
  • Drinks Federation of South Africa
  • National Association of Broadcasters
  • Pet Food Industry Association of Southern Africa
  • Vapour Products Association of South Africa

Jurisdiction

In September 2017, the Supreme Court of Appeal ruled in Herbex (Pty) Ltd v The Advertising Standards Authority that the ASA only had the power to issue an instruction over members.[4][5]

In a 2022 judgement, the Supreme Court of Appeal affirmed in Bliss Brands (Pty) Ltd v Advertising Regulatory Board NPC and Others that the ARB has the authority to issue an instruction (for the benefit of its members) over any advertisement (including non-members' advertisements).[6][7]

In terms of Section 55 of the Electronic Communications Act, the ARB has the power to rule against broadcasters.[8]

References
  1. "Advertising Regulatory Board launches". Media Update. 8 November 2018. Retrieved 9 October 2023.
  2. "ICASA and the Advertising Regulatory Board (ARB) MOU - 2021 – Independent Communications Authority of South Africa". www.icasa.org.za. Retrieved 9 October 2023.
  3. "Stakeholders & Funders". www.arb.org.za. Retrieved 9 October 2023.
  4. Müller-Mabuza, Robyn (7 January 2019). "Is the new Advertising Regulatory Board a redo of the ASA, or better?". Insights into The Law in South Africa | Welcome to Go Legal. Retrieved 9 October 2023.
  5. Schimmel, Gail (1 June 2016). "A blow to the ASA is a blow to consumers : advertising". Without Prejudice. JetBlue Publishers. 16 (5): 20–21. doi:10.10520/EJC192388. ISSN 1681-178X.
  6. Papadopoulos, Andrew (28 April 2022). "Advertising watchdog gets its teeth back in SCA judgment". Insights into The Law in South Africa | Welcome to Go Legal. Retrieved 24 October 2023.
  7. "CONSTITUTIONAL COURT OF SOUTH AFRICA: Bliss Brands (Pty) Ltd v Advertising Regulatory Board NPC and Other (Summary)" (PDF).
  8. "ELECTRONIC COMMUNICATIONS ACT" (PDF). pp. 67–68.
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