SANRAL NEW DISPENSATION / Y ATIYA / 2015-1226F
Ruling of the: ASA Directorate
In the matter between:
DR YAHYA ATIYA Complainant(s)/Appellant(s)
THE SOUTH AFRICAN NATIONAL ROADS AGENCY SOC LTD Respondent
10 July 2015
Doctor Atiya lodged a consumer complaint against a radio commercial that was broadcast during June 2015.
The commercial states:
"Government has listened to you and responded by giving you a new e-toll dispensation. Among other things, we’ve reduced the rate to 30 cents per kilometre for light motor vehicles and slashed the monthly cap by 50%. If you have outstanding e-toll fees dating back to December 2013, you will receive a 60% discount and 6 months to pay. We thank all who have paid their dues. You have helped in moving South Africa forward.”
COMPLAINT
The complainant submitted that the commercial is misleading as it suggests that the new dispensation and associated discounts is available to motorists. However, the 60% discount is not yet active and people would be paying more than they believe they are liable for.
RELEVANT CLAUSE OF THE CODE OF ADVERTISING PRACTICE
In light of the complaint Clause 4.2.1 of Section II (Misleading claims) of the Code was taken into consideration.
RESPONSE
The respondent submitted that the commercial discount was carried out by SANRAL on behalf of Government as part of an awareness campaign. Effectively it was merely a solidification message that Government has heard the people and responded by providing the new dispensation including the 60% discount. This was not a SANRAL call to action, and the commercial does not state who is presenting the content.
In fact, SANRAL is currently busy implementing the required system changes in order to allow people to benefit from the new dispensation. However, it can only implement these and call people to action once the Minister of Transport officially approves the new changes, and it is published in the government gazette.
Call centre staff are trained to inform road users that the new dispensation 60% discount is not in effect yet.
ASA DIRECTORATE RULING
The ASA Directorate considered all the relevant documentation submitted by the respective parties.
Clause 4.2.1 of Section II of the Code states, inter alia, that advertising should not contain any statement or visual presentation, which, directly or by implication, omission, ambiguity, inaccuracy, exaggerated claim or otherwise, is likely to mislead the consumer.
The question before the Directorate is whether or not the commercial gives an impression that road users can already benefit from the various discounted rates that form part of the so-called "new dispensation”.
The commercial states, inter alia, "Government has listened to you and responded by giving you a new e-toll dispensation. Among other things,we’ve reduced the rate to 30 cents per kilometre for light motor vehicles and slashed the monthly cap by 50%. If you have outstanding e-toll fees dating back to December 2013, you will receive a 60% discount and 6 months to pay.…” (Directorate’s underlining for emphasis)
The language used suggests that the changes have already been implemented, and that people will, already, receive the relevant discount. No mention is made of the fact that these proposals are actually still in the making, and are not effective yet. Given the manner in which the commercial is phrased, a hypothetical reasonable person would understand it to mean:
- The rate per kilometre has already been reduced to 30 cents for light motor vehicles. This is communicated in the past tense, suggesting that it has already been implemented.
- The monthly cap has already been slashed by 50%, again communicated in past tense to suggest that it has already occurred.
- E-toll fees dated to December 2013 will automatically be reduced by 60% with a re-payment term of 6 months. This is communicated as a fact, by stating "… you will receive a 60% discount …”
The respondent confirmed that it can only effect the changes mentioned in the commercial once the Minister of Transport officially approves them and they are published in the government gazette.
The omission of this vital information is likely to create a misleading expectation, with listeners believing that they are already entitled to the various savings, when in fact this is not yet the case.
While the Directorate accepts that the respondent’s call centre staff have been trained to inform users that the new dispensation discounts are not in effect yet, this could, at best, only serve to correct the misleading impression already created in the commercial.
As such, the Directorate has no option but to find that the commercial misleading, and in contravention of Clause 4.2.1 of Section II of the Code.
Based on the above, the respondent is required to:
- Withdraw the commercial;
- Action the withdrawal of the commercial with immediate effect upon receipt of this ruling;
- Ensure that the commercial is withdrawn within the deadlines stipulated in Clause 15.3 of the Procedural Guide; and
- Not use the commercial in the current format again in the future.
The complaint is upheld.
Issued by ASASA, July 10 2015
