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Sponsorship Code

1. Introduction

Commercial sponsorship is an essential source of funding for many activities at local, national and international levels.

Without sponsorship, many disciplines would face extreme difficulties and possibly, extinction.

Through sponsorship, the nation's sporting, cultural, environmental, artistic, media, humanitarian and educational heritage is nurtured, enhanced and spectator choice widened. All parties to sponsorship - the sponsor, the sponsored event or activity, the media, the participant(s), the viewers and spectators - benefit from involvement.

Although sponsorship is an integral part of the marketing strategy, it differs from advertising as well as from patronage with respect to objectives, messages and control.

As with all financial investments, a potential sponsorship investment has to offer a viable return to justify a corporate sponsor's involvement. Sponsorship decisions are increasingly being made at strategic level within marketing departments, with directors accountable for investment decisions and the resulting returns. A corporate sponsor is accountable for investment decisions to four major stakeholders: its staff, its clients, its shareholders and the community. It is essential that a sponsor is able to justify corporate sponsorship expenditure and ultimately can produce a return on investment.

Sponsorship offers a potentially valuable platform for marketing communication between a company and its target market. Successful involvement in sponsorship shows that a company and its brand are part of a wide beneficial involvement in society of which the consumer is a participating member.

Therefore the strategic marketing rewards of a successful sponsorship in terms of exposure, awareness and positive image building are immense. To ensure successful sponsorships the entire sponsorship industry should operate according to uniform rules to lay a strong foundation for continued positive growth and healthy rewards for the industry and the nation.

It must be stressed that this Code of Practice is a "living" document and will be updated and amended when the need arises, by the industry as a whole.

2. The purpose of the Code

The ASA Sponsorship Code sets down basic principles and guidelines for good practice and fairness in sponsorship enabling sponsorship to play its proper role in the best interests of all concerned.

Sponsors have a right to fair return on their sponsorship investment as well as to protection of this right (providing such investment is managed effectively by the sponsor and the sponsorship activity is adequately and appropriately supported by the sponsor).

All categories of sponsors legally permitted to conduct business may sponsor any activity, event, team, individual or organisation and may define sponsorship objectives, provided their sponsorship is consistent with the principles of fairness and good faith outlined in this Code.

Broadcasting rights holders, acting responsibly and within the agreed terms of this Code, have the right to seek a fair return on their investment in selling the broadcasting rights to an event.

A rights owner, acting responsibly and within the agreed terms of this Code, has the right to seek a fair return on its investment in the staging of an event and to maximise the promotion and exposure of such an event.

Sponsors, acting responsibly and within the agreed terms of this Code, have a right to seek a fair return on their investment and to maximise the promotion and exposure of such an event or broadcast.

Sponsorship agents and consultants, acting professionally, ethically and responsibly within agreed terms of this Code have the right to earn income or commission when acting on behalf of sponsors and/or rights owners. Unethical behaviour such as double dealing and unscrupulously high commission is unacceptable in terms of this Code and ultimately this behaviour will be detrimental to the event or activity sponsored.

The Code is designed as an instrument for self-regulation within the framework of national and international laws. It is also designed to serve as an interpretative aid and reference guide to the parties in clarifying uncertainties or disputes arising under a sponsorship. It should be used in conjunction with ASOM's Sponsorship Guidelines. (Refer to the Appendix of this Code).

The major roles of this Code:
  • Sponsorship provides a service to the public and as such sponsorship communications should be factual, honest, decent and should not violate any laws of the country. No sponsor or party to the sponsorship shall in any way bring sponsorship (as a valuable marketing tool and means of generating funds) into disrepute and thereby reduce confidence in sponsorship as a service to the public.
  • All those who subscribe to this Code shall not prepare nor accept any sponsorship or surrounding promotions which conflict with this Code and shall withdraw from any sponsorship or surrounding promotions deemed unacceptable in the light of the stipulations of this Code.
  • This Code establishes the criteria for professional conduct for all parties involved in sponsorship to protect the consumer and ensure fair play among sponsors. Its articles form the basis for dispute resolution where there is a conflict of interest.
  • To protect a sponsor by ensuring that the right to a fair return on commercial investment in sponsorship is understood by all and is not jeopardised by unethical practices such as ambush marketing.
  • To protect and promote a sponsored event or activity by ensuring that all parties involved do not exploit the sponsorship to the detriment of the sponsored event or activity.
  • To protect the rights of the broadcast rights holder to the benefit of its commercial interests and the promotion of the broadcast of the sponsored event to the fullest benefit of the event, the participants and the viewing audience.
  • To ensure that professional, ethical conduct is maintained by all parties involved in a sponsorship programme, particularly agents and third parties. Agents and consultants should be transparent in all their dealings and should operate contractually through a sole mandate, not working for two or more clients that may compete in the same industry sector.
  • To educate and inform all parties and potential parties to sponsorship of their rights and obligations in terms of this Code.
3. Definitions
 
Certain key terms are defined to ensure effective comprehension of and adherence to the terms of this Code.
 
3.1 Sponsorship
 
Sponsorship is a form of marketing communication whereby a sponsor contractually provides financial and/or other support to an organisation, individual, team, activity, event and/or broadcast in return for rights to use the sponsor's name and logo in connection with a sponsored event, activity, team, individual, organisation or broadcast.
 
The objective of investing in sponsorship is to create a positive association between a sponsor's image, product or brand and a sponsored event or activity, team, individual, organisation or broadcast, within the sponsor's target market in order to attain marketing and corporate objectives.
 
In the interests of correct adherence to the general principles of the Code, it is necessary to highlight the distinction between broadcast sponsorship and event, team, organisation, individual, activity sponsorship.
 
3.1.1
Event (Team, individual, organisation or activity) sponsorship: This incorporates all rights afforded to a sponsor under a sponsorship contract relating to an event itself Rights are sold to sponsors by concerns that own and/or represents the events (team, individual, organisations or activity). These concerns consists of right holders, advertising and event marketing agencies, and event promoters. The rights afforded to an event sponsor may include aspects such as advertising boards at a venue, visibility on clothing, press and public relations drives, merchandising and promotions. Broadcast rights are usually not offered as a part of an event sponsorship contract.
 
An event sponsor may sell part of the rights to another party in accordance with the rights owner.
 
3.1.2
Broadcast sponsorship: This incorporates all the rights involved in the broadcast of events or scheduled programmes, television credits and trailers and others as stipulated in a broadcast sponsorship contract. These rights are afforded to broadcast sponsors by the rights holding broadcaster, who purchased these broadcast rights from the television rights owner. A broadcast sponsor mayor may not be a sponsor of an actual event being broadcast.
 

3.2 Sponsor

A sponsor, title sponsor, presenting sponsor, association sponsor, sub¬sponsor/co-sponsor, technical sponsor or official supplier is a corporation, organisation or other legal person that contractually provides financial and/or other sponsorship support to the sponsored party in return for contractual rights to a related event, activity, team, individual organisation or broadcast.

3.3 Sponsored party

A sponsored party is an organisation, body, individual, broadcaster, team or other legal person who contractually receives financial and/or other support from a sponsor and in return is contractually obliged to provide a sponsor with rights to the sponsored party's event, activity, team, individual, organisation or broadcast as agreed to in the sponsorship contract.

3.4 Audience

The public, individuals or organisations exposed to the sponsorship or at which the sponsorship is directed, including spectators and television audiences.

3.5 Product

The term "product" refers to any goods or services.

3.6 Brand

Refers to the name of the product or service promoted by the sponsorship.

3.7 Ambush Marketing

The attempt of an organisation, product or brand to create the impression of being an official sponsor of an event or activity by affiliating itself with that event or activity without having paid the sponsorship rights-fee or being a party to the sponsorship contract.

3.8 Rights Owner

The sporting Code/federation organisation or broadcaster who owns the rights to an event, activity, team, individual, organisation or broadcast. A sponsor purchases these rights to associate their name with the event, team, individual, organisation, performance, artiste or activity for the duration of the sponsorship contract.

3.9 Sponsorship Agent/Consultant

Sports/event marketing agencies market the rights to an event, team, individual, organisation or activity to potential sponsors on behalf of the sporting Code, federation, organisation or broadcaster in return for a commission which is usually a percentage of the rights-fee or a mutually agreeable set fee.

3.10 The Media

The media refers to any print or electronic exposure regarding the . sponsorship programme.

4. Scope of this Code

The Code applies to all sponsorship related to corporate images, brands, products, services or events, teams, activities, individuals or organisations of any kind. It applies to all promotions surrounding the sponsorship (advertising, sales promotions, direct marketing, public relations and publicity).

This Code does not apply to any sort of funding which lacks a commercial or communication purpose, such as donations.

5. Interpretation

This Sponsorship Code of Practice is to be applied in the spirit as well as to the letter of the terms and principles stipulated herein. Provided that the contents of this Code and its principles shall be subject to the provisions of any applicable and/or relevant to existing legislation which may, whether directly or indirectly have a bearing on the contents of this Code.

Where discrepancies in interpretation do arise, existing legislation, previous case histories and ASOM's Sponsorship Guidelines should be used for guidance and clarification (a copy of ASOM's Sponsorship Guidelines is included in the appendix).

It should also be noted that the Advertising Code of Practice is applicable to sponsorship as well as advertising, especially advertising and promotions surrounding the sponsorship.

6. The Sponsorship Industry Control System

The Advertising Standards Authority of South Africa (ASA) is an independent body established and funded by the industry to ensure that its system of self¬regulati0':1 works in the public's interest. It has an independent chairman.

The Sponsorship Dispute Resolution Committee and Sponsorship Appeal Committee consists of members nominated by signatories to the Sponsorship Code of Practice and is representative of:
  • Marketers (ASOM)
  • Media (NAB & PMA)
  • Sponsorship Consultancies
  • Codes and Federations of all sponsorable events, activities or individual . Advertising Agencies (AAA)

The Code is administered by these Committee and the ASA Rulings are made by peers.

Responsibility for observing the Code rests with the sponsor, the sponsorship intermediary (sports marketers/event managers or advertising agencies), the rights holders (sporting Codes) and the medium involved in communicating the sponsor's message to the public.

7. Sanctions

There are two aspects of sanction - legal and ethical.

Legal Sanctions: Legal Complaints should be dealt with in terms of the law, i.e. the Trade Marks Act or breach of contract.

The ASA's function is not to enforce the law, although it may advise people of their rights and obligations and the possible consequences of their actions.

Ethical Sanctions: The ASA in the case of precedent and/or the Committees may require the withholding of advertising space or time from advertisers. The ASA reserves the right to impose any other form of sanction warranted by particular circumstances.

8. Complaints

Complaints regarding a breach of the Code should be addressed to:

The Advertising Standards Authority
PO Box 41555
CRAIGHALL
2024
 
Fax: (011) 781-1616
 
All that is required is a letter indicating the basis of the complaint and, in the case of a printed advertisement promoting a sponsorship association, a copy of the advertisement concerned.

Where the complaint relates to broadcast sponsorship or advertising associated with a sponsorship on television, radio or on cinema screens, information should be furnished on where and when the broadcast or advertisement was transmitted or screened.

Where signs or posters are involved, the exact wording of the advertisement associated with a sponsorship should be provided.

Anonymous complaints cannot be accepted but the confidentiality of complainants will be maintained at the discretion of the Committees, if this is specifically requested

Advice is willingly given by telephone to prospective complainants but investigations will not be undertaken without written confirmation from the complainant.

9. General Principles

The following general principles form the basis of the Code:

9.1
All sponsorship should be legal, decent, honest and truthful conforming to accepted principles of fair competition in business.
 
9.2
All sponsorship packages should be prepared with a sense of responsibility to all parties to the sponsorship and the public.
 
9.3
The terms, conditions and conduct should be based on fairness and good faith between all parties to the sponsorship.
 
9.4
No sponsorship should bring the sponsorship industry into disrepute or reduce confidence in sponsorship as a service to the marketing industry, the media and the public.
 
9.5
Sponsorship and related communications should not be misleading, untruthful or indecent
 
10. Sponsorship rules and provisions
 
These rules and provisions serve as guidelines and apply to all categories of sponsorship, parties to sponsorship and sponsorship practices, without exception.
 
Article 1 - Clarity and accuracy
 
Sponsorship and all related communications should be clear and accurate to all persons and organisations involved in a sponsorship covering any rights or privileges granted to a sponsor.
 
Article 2 - Autonomy
 
2.1
Sponsorship should respect the autonomy of the sponsored party in managing its own activities and properties, provided the sponsored party fulfills the objectives set out in the sponsorship contract.
 
2.2
Where a sponsored party's intellectual or creative properties are part of a sponsorship agreement, its creative freedom should be respected.
 

Article 3 - Imitation and confusion

Imitation of the representation of other sponsorships should be avoided if this misleads or generates confusion, even when applied to non-competitive products, companies or events.

Article 4 - Parties to a Sponsorship

4.1
A sponsor should take particular care to safeguard the inherent artistic, cultural, sporting, environmental, media, humanitarian and educational or other content of a sponsored event, activity or organisation and avoid any abuse of its position that may damage the identity, dignity or reputation of the sponsored party.
 
4.2
A sponsored party should never abuse, defame, demean or impinge the image of trade marks of a sponsor or jeopardise the goodwill or public appreciation earned by these.
 
4.3
A sponsored party must do whatever they can to protect the sponsor's rights, goodwill and image and must not damage this.
 
4.4
Advertising on the pitch by an organisation other than the event sponsor is only permitted if the event sponsor is in full agreement and has provided written consent.
 

Article 5 - The Sponsorship audience

The audience should be clearly informed of the existence of the sponsorship with respect to a particular event, activity, programme or person and the sponsor's own message should not deliberately offend the audience's religious, political or social convictions or professional ethics.

This does not restrict a sponsor from supporting avant-garde or potentially controversial artistic or cultural activities, nor is a sponsor required to censor a sponsored party's message.

Article 6 - Children and Young People

Sponsorship which is addressed to or likely to be influential on children and young people should avoid taking advantage of their natural credulity and lack of experience or of harming children and young people mentally, morally or physically or of straining their sense of loyalty toward parents or guardians.

Article 7 - Artistic and historical objects

7.1
Sponsorship may never be used in a manner that may endanger artistic or historic objects.
 
7.2
Sponsorship aiming to protect, restore or maintain cultural, artistic or historical properties or their diffusion should respect the interest of the public.
 

Article 8 - Sponsorship and the environment

8.1
Sponsors and sponsored parties should consider the potential environmental impact of sponsorship in planning, organising and carrying out sponsorship activities.
 
8.2
Any sponsorship message fully or partially based on a positive or reduced negative environmental impact should be substantiated in terms of actual benefits to be obtained.
 

Article 9 - Ethics

9.1
Organisations, bodies, facility owners and promoters and other rights holders are ethically bound to be transparent in all their dealings with sponsors. If there is no mention of multiple sponsors in an agreed contract, organisations, bodies, promoters and other right holders are prohibited from dealing with any other potential sponsor for the same rights.
 
9.2
Sponsors should be included in and kept informed of all the decision making processes of the sponsored party(ies) in respect of the sponsored activity as stipulated in the contract and as this relates directly to the success of the sponsorship.
 
9.3
Sponsors subscribing to this Code have the right to protect the image of their products or services and brands involved in a sponsorship. A sponsored party is ethically bound to respect this right and should fully adhere to a sponsor's wishes regarding the use of products or services, brands, logos, theme pieces and related material and should fully adhere to a sponsor's wishes regarding the use of products or services, brands, logos, theme pieces and related material consistent with the terms contained in item 1.4 of these rules and provisions.
 
9.4
Broadcast rights owners should, where possible, offer the event sponsor first right of refusal of the broadcast rights.
 
9.5
A product or logo that is not directly associated with the sponsor of the event, activity, team, individual or organisation may not be visibly used or displayed during the event.
 
9.6
Sponsorship agents and consultants are obligated to full disclosure to their client and should be transparent in their dealings. They should not work on behalf of clients (sponsors) that may be competing in the same industry sector. The contractual relationship should be based on a sole mandate.
 

Unethical behaviour such as double dealings and unscrupulously high commission is unacceptable in terms of this Code, as such practices are detrimental to the sponsorable events and activities.

Article 10 - Honesty

10.1
All parties to a sponsorship should be honest and transparent in all their dealing with other sponsorship parties in accordance with accepted business practices.
 
10.2
Sponsorships should not be framed in a way that may abuse the trust of consumers or exploit an audience's lack of experience, knowledge or credulity.
 
Article 11 - Unacceptable sponsorship practices
 
1.1 Ambush marketing:

The following ambush strategies are unacceptable and strictly prohibited under the terms of this Code and shall be subject to the provisions of Clause 5 of this Code:

1.1.1 Media Strategies

No organisation, other than an official sponsor, may directly or by implication create an impression that its communications relate to a specific event or create an impression that they are an official sponsor of such an event.

1.1.2 Usage of athletes/sportspersons/performers/artistes:

No organisation, except the sponsor with contractual rights to do so, may use endorsements of athletes, sportspersons, performers or artistes in its advertising to create the perception in consumers' minds that its company is connected with the event sponsorship.

Athletes, performers or artistes with individual sponsorship contracts may not, without specific permission from the primary event sponsor, promote their individual sponsor's logo in any way while associated to the primary event sponsor and subject to the obligations of the primary sponsor's contract as part of the team.

Sponsors with rights to associate with a team (team sponsors) do not have the right to associate themselves with an individual member of that team, unless this is specifically provided for in the agreement between the team, the individual and the sponsor. The onus is on the sponsor to ensure that their rights are protected under the sponsorship contract thereby preventing competing brands or products from legally associating themselves with the event.

11.1.3 Usage of athletes/sportspersons/performers/artistes:

No organsiation supporting national federations and sporting bodies and promoting its products with logos and names of such federations or sporting bodies may create the impression of being associated with events in which such federations or sporting bodies are participating, unless it has a contractual right to do so.

11.1.4 Sales promotions before and during an event:

No organisation, other than an official sponsor with contractual rights to do so, may launch event-related sales promotions to give the impression of sponsoring such an event. Only an official sponsor may use statements relating to being an official sponsor on its packaging or other promotions.

11.1.5 Corporate hospitality

At major events no organisation, other than those with contractual rights to do so, may offer meeting points for press conferences and VIP's or invite top athletes, performers or artistes for clients and the press, creating the impression that it is sponsoring an event with which it is not legally connected.

11.1.6
Sponsors ambushing sponsors

Where there is more than one official sponsor of an event, there may be specific agreements between sponsors and organisers on the promotional access granted to sponsors under a sponsorship contract. Here one sponsor may not ambush another sponsor by using any aspect of any event not specified in the contract to promote its name.

11.1.7 Event "Airspace":

Airspace should be respected and use must not conflict in any way with the sponsorship.

The event sponsor's rights should be respected by companies and/or brands not associated with the event as far as utilising airspace above the event as a platform for communicating messages to an audience watching the event.

The sponsor should also ensure that the airspace is protected as a condition of the sponsorship of the contracty.

Article 12 - Rights under the South African Constitution

12.1
All rights afforded to individuals and juristic persons under the Constitution of South Africa are to be observed and adhered to in all sponsorship contracts and practices and among all parties to a sponsorship.
 

11. Adjudication

Should the parties prefer the ASA and/or the Committees to rule on a matter covered under Clause 9, the ASA and/or the Committees will adjudicate provided that:

11.1
both parties agree in writing that the matter be considered by the ASA and/or the Committees;
 
11.2
both parties agree in writing to abide by the ruling made by the ASA and/or the Committees.
 

12. Appeal Mechanism

12.1
Any party who feels aggrieved by a ruling of the Sponsorship Dispute Resolution Committee may appeal against such a ruling to the Appeal Committee.
 
12.2
The ASA Directorate together with the Chairman and two Appeal Committee members will however retain the discretion to reject an appeal if, after due consideration of all circumstances and factors, it is found by unanimous decision that the appeal is either:
 
i. a frivolous appeal in the event of a clear and direct contravention of the Code;
 
ii. a malicious or wilful appeal.
 
12.3
Pending adjudication of the appeal, the decision of the Sponsorship Dispute Resolution Committee must be adhered to.
 
12.4
The decision made by the Sponsorship Dispute Resolution Committee is appealable only within the boundaries and scope of the complaint and corresponding ruling. A call for further information by the Committee or a commission to do research, constitutes an interim ruling and is not appealable as a return day (the next sitting of the Committee) provides opportunity for the final hearing decision.
 

13. Procedural Guide

These procedures are designed to assist any person wishing to complain about a breach of the Sponsorship Code. Adherence to these procedures will ensure effective and timeous resolution of complaints. The procedures are designed to grant all concerned a fair and equal opportunity to be heard without fear of bias. '

It should however, be noted that the ASA is not a court of law, and these procedures, which serve as a guide, are not wholly inflexible. Should circumstances arise where good and valid reasons justify a departure from usual procedure, these will be taken into account, but always at the discretion of the ASA and/or the Committees.

Lodging a formal complaint

13.1 The formal complaint

All formal complaint should meet the following criteria:

13.1.1
The complaint should be in writing.
 
13.1.2
The grounds on which the complaint is based must be clearly stated.
 
13.1.3
In the case of advertising, the relevant advertising should be attached, or the time, date and nature (TV, radio, outdoor or cinema) should be specified.
 
13.1.4
Preferably, the address, contact name and number of the offending party should be included.
 
13.1.5
The details of the complainant should be clear. The anonymity of complainants will be maintained at the discretion of the ASA and/or the Committees, if specifically requested
 
13.1.6
If possible, and if known, the relevant clauses of the Code .should be cited. Should the complainant not be able to do so, the ASA and/or the Committees will consider the complaint in terms of the clauses it regards as relevant and deal with the complaint as if it was lodged in terms of those clauses.
 

13.2 Documentation and Representation

13.2.1 All documentation submitted must conform to the following specifications:
  • Relevant to the complaint considered
  • Only essential background information
  • Clear and concise
  • Systematic approach
  • As factual as possible

13.2.2 Representation, personal or otherwise should be brief and to the point:

  • It is not necessary to reiterate issues already covered in correspondence or documentation previously submitted as the Committee members will be au fait therewith.

  • Representation serves the purpose of summarising. clarifying or adding new information only and should be limited to such purpose.

  • Presentations will normally be limited to 10 (ten) minutes per party. Should additional time be required a written request must be submitted to the ASA Directorate within a reasonable period prior to the hearing.

13.3 The Directorate

13.3.1
The ASA Directorate shall have the primary responsibility of applying the Code.
 
13.3.2
The ASA Directorate shall give attention to possible breaches of the Code, brought to its attention by a formal complaint or in any other way acceptable to the ASA Directorate, by investigating and ruling on the matter or referring it to the Sponsorship Dispute Resolution Committee for a ruling.
 
13.3.3
 
Any party who feels aggrieved by the ruling of the ASA Directorate may request that the matter be referred to the Sponsorship Dispute Resolution Committee.
 
13.3.4
Once a ruling has been given by the ASA Directorate or by the Sponsorship Dispute Resolution Committee, it shall be the responsibility of the ASA Directorate to ensure that the ruling is adhered to and carried into effect.
 
13.3.5
Frivolous or invalid complaints will not be considered.
 
13.3.6
If the complaint appears, prima facie, founded, it is sent to the respondent for written comment. The respondent will usually be allowed 5 working days to respond to a complaint or enquiry.
 
Circumstances may however warrant an immediate or longer period of response, as determined by the ASA Directorate.
 
13.3.7
Should the respondent ignore a reasonable request for co-operation, the ASA will issue and AD ALERT to its media members (including newspapers, magazines, radio, television and Printing Industries Federation).
 

13.4 Sponsorship Dispute Resolution Committee

13.4.1
The Sponsorship Dispute Resolution Committee will consider all complaints either through referral to it or through a request by any party who feels aggrieved by a ruling made.
 
13.4.2
 
The relevant information and documentation as submitted by the respective parties will be remitted to the Committee members and it is therefore vital that such information and documentation is clear, comprehensive and concise. It is not necessary to state the full text of the clauses applicable - reference to the number and section will suffice.
 
13.4.3
Personal representation is permitted at the hearing.
 
13.4.4
A maximum of three persons per side is normally permitted and the names and designations of such persons should be submitted to the ASA within a reasonable period as determined by the ASA.
 
13.4.5
A short time for questions and any further clarification required by the Committee is provided for.
 
13.4.6
Written submissions should reach the ASA 7 days prior to the hearing.
 
13.4.7
Rulings of the Sponsorship Dispute Resolution Committee shall be conveyed to the parties concerned as soon as possible after the meeting. This is usually done in writing on the day following the hearing.
 
13.4.8
Any party who feels aggrieved by the ruling of the Sponsorship Dispute Resolution Committee shall have the right to appeal to the Sponsorship Appeal Committee against such ruling, in accordance with the appeal procedure.
 
13.4.9
Should an appeal be lodged, the decision must be adhered to until reversed by the Sponsorship Appeal Committee.
 
13.4.10
The Chairperson of the Sponsorship Dispute Resolution Committee may co-opt any person or persons to serve on the Committee to assist in determining any specific complaint.
 

13.5 Appeal Committee

13.5.1
Any party who feels aggrieved by a ruling of the Sponsorship Dispute Resolution Committee may appeal against such ruling to the Appeal Committee.
 
13.5.2
The Directorate, the Chairperson and two Sponsorship Appeal Committee members will however retain the discretion to reject an appeal if, after due consideration of all circumstances and factors, it is found by unanimous decision that the appeal is either:

 

  • An unfounded appeal in the event of a clear and direct contravention of the Code.
  • A malicious or wilful appeal.
13.5.3
Any request for an accelerated appeal will be at the sole discretion of the Chairperson of the Sponsorship Appeal Committee, who will, if granted, determine the procedure.
 
13.5.4
Pending adjudication of the appeal, the decision of the Sponsorship Dispute Resolution Committee must be adhered to.
 
13.5.5
The decision made by the Sponsorship Dispute Resolution Committee is appealable only within the boundaries and scope of the complaint and corresponding ruling. A call for further information by the Committee or a commission to do research, constitutes an interim ruling and is not appealable as a return date (the next sitting of the Committee) provides opportunity for the final hearing and decision.
 
13.5.6
Notice of appeal must be given in writing and lodged at the offices of the ASA by close of business within 4 weeks of the date of notification of the decision appealed against.
 
13.5.7
The notice of the appeal should be supported by full documentation on the matters forming the subject thereof and as many copies as may be required by the Executive Director (usually 12) must be submitted to the ASA. The documentation must be clearly paginated.
 
13.5.8
To cover the cost of the appeal, both the complainant and the respondent will be required to lodge a sum of money, the amount to be advised by the ASA., lodged with the Directorate to serve as an guarantee. The Chairperson of the Appeal Committee may either at the conclusion of the appeal hearing or within a reasonable period thereafter, award the cost of the appeal against any on or other of the parties, normally the loser, or in such proportion as the Committee may determine.
 
13.5.9
A copy of the appeal documents will be submitted to the respondent within 3 working days of receipt by the ASA.
 
13.5.10
The respondent will be entitled to reply thereto within 7 working days of the date on which it was submitted.
 
13.5.11
A copy of a document which may be submitted by the respondent in reply to the appeal will be submitted to the appellant within 3 working days from the date of receipt by the ASA before the appeal is considered.
 
13.5.12
The parties and/or their representatives will be entitled to appear before the Sponsorship Appeal Committee.
 
13.5.13
The Sponsorship Appeal Committee will consider an appeal within 4 weeks of the date on which the appeal was lodged, subject to the availability of the Chairperson.
 
13.5.14
The Sponsorship Appeal Committee may refer any matter back to the Sponsorship Dispute Resolution Committee for reconsideration or for such action as the Appeal Committee may determine.
 
13.5.15
The Sponsorship Appeal Committee may co-opt any person or persons to serve on the Committee.
 
13.5.16
Expert evidence and research may be considered and solicited by the Appeal Committee, the cost of which are to be allocated at the discretion of the Appeal Committee.
 

13.6 Enforcement of Rulings

Where a ruling made by the ASA and/or the Committee pertaining to advertising, the advertising should be withdrawn as soon as possible but within the following deadlines:
  • Newspapers:Immediately as deadlines permit
  • Radio:Immediately as deadlines permit
  • Television:Immediately as deadlines permit
  • Magazine:Immediately as deadlines permit
  • Outdoor:3 months or as determined otherwise by the ASA and/or the Committees
  • Pamphlets & Leaflets:As determined by the ASA and/or the Committee
  • Packaging :3 months or as determined by the ASA and/or the Committees

The ASA and/or the Committees may reserve the right to impose any other form of sanction warranted by particular circumstances such as:

13.6.1 Withholding of advertising space;
13.6.2 Pre-clearance requirement;
13.6.3 Adverse publicity; and
13.6.4 Referral to a disciplinary hearing.
 
 

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