Vodacom forces MTN ad sanctions
The battle between Vodacom and MTN regarding the use of the name ‘Bafana Bafana’ in their advertising has been keeping the Advertising Standards Authority of South Africa (ASA) busy. The first ruling dates back to May 2008 where the ASA ruled that MTN’s use of the term Bafana Bafana in an ad campaign was not legitimate as Vodacom is the official sponsor of the national soccer team.
In a subsequent ruling on 10 June 2009 MTN was found in breach of the existing ruling, because its amended advertisement still referred to Bafana Bafana “in an inappropriate manner”. In this ruling MTN was sanctioned by the ASA to have its future advertisements, which carry references to Bafana Bafana, pre-cleared.
Finally, in a ruling dated 18 November 2009, MTN was found in breach of the 10 June 2009 ruling. This breach involved a billboard placed in Soshanguve which reflected the same image previously ruled against.
The multiple breaches made Vodacom and the South African Football Association (SAFA) ask the ASA to impose sanctions on MTN where they have to submit all advertising to the ACA Advisory Service for approval for a period of six months. They further suggested that MTN must be referred to a disciplinary hearing. These suggestions were put forward by Attorneys Adams and Adams, on behalf of South African Football Association (SAFA), and Jodee Farah, the Managing Executive of Legal Affairs at Vodacom.
MTN responded saying that its agency previously assured it that every billboard had been covered. “It appears that some of the stickers used to place over the offending aspects of the billboards have come away to again reveal the ‘Bafana Bafana’ name,” said MTN.
“When the breach allegation was received on 5 November 2009, the matter was urgently investigated and the billboard was completely removed by 9 November 2009. Considering this, and the considerable costs incurred in ensuring compliance, it is clear that MTN has at all times acted bona fides. As such, no further sanctions are necessary,” said MTN.
The ASA was unconvinced, saying that the breach allegations come nearly five months after the initial complaint, and that MTN has had more than enough time to completely remove the offending billboards.
“The Directorate is of opinion that MTN’s lackadaisical approach in this matter, coupled with the fact that it has previously been sanctioned for the same offence, warrants a more severe sanction than limiting its pre-clearance requirement to references to Bafana Bafana,” said the ASA.
“MTN is therefore sanctioned to submit all its advertising, irrespective of whether or not any reference is made to ‘Bafana Bafana’, to the ACA Advisory Service for pre-clearance.”
This sanction is imposed for a period of six months from the date of the ASA ruling.
Vodacom versus MTN – comments and views
Loading ...