Vodacom and MTN are fierce competitors, battling for market share both in South Africa and the rest of Africa. Marketing campaigns form a big part of this battle with the two cellular providers trying to outdo each other in the advertising space.<\/p>\n
It was inevitable that the Advertising Standards Authority of South Africa (ASA) would become part of this battle with the competitors complaining about potential false advertising from their adversary.<\/p>\n
The latest ASA battle sees Vodacom asking for sanctions against MTN for what it calls MTN’s "flagrant disregard for the provisions of the Code of Advertising Practice".<\/p>\n
According to Vodacom, MTN should be ordered to publish "a summarised version of the ruling as proposed by the ASA, in all or some of the media in which the advertising complained of appeared or media considered appropriate by the ASA".<\/p>\n
Vodacom cited the following rulings made against MTN:<\/p>\n
Adverse rulings<\/strong><\/p>\n 1) MTN 3G HSDPA \/ Vodacom \/ 8755 (8 May 2007) Voluntary undertakings<\/strong><\/p>\n 3) MTN Free SMS \/ M Lunau \/ (30 July 2007) Breach rulings<\/strong><\/p>\n 6) MTN \/ J Coetzee & Vodacom \/ 10749 \/ 10629 (17 April 2008) MTN replied saying that the ASA should consider this case on its own facts, and that the previous rulings listed by Vodacom should have no bearing on this matter.<\/p>\n MTN further said that the sanctions suggested by Vodacom would be too harsh and not proportionate to MTN’s conduct. This type of punishment, MTN argued, should be reserved for circumstances where a party has shown a continuous pattern of intentionally disregarding and ignoring the provisions of the Code and the Directorate rulings.<\/p>\n According to the ASA the breach in the current matter is the only breach of an existing ruling in the last 12 months. The advertising body added that MTN took immediate steps to withdraw the advertisement and clarified the oversight. <\/p>\n "This does not suggest that the respondent deliberately ignored the previous rulings," the ASA said.<\/p>\n The ASA concluded that while it is entitled to impose sanctions on MTN it feels that it is not appropriate at this time.<\/p>\n
2) MTN Push to Talk \/ Vodacom \/ 9169 (21 June 2007)<\/p>\n
4) MTN International Roaming \/ P Luel \/ 9479 (26 July 2007)
5) MTN HTC TYTN \/ M Perry \/ 9308 (19 July 2007)<\/p>\n
7) MTN Push to Talk \/ Vodacom \/ 9169 (10 September 2007)<\/p>\n