Abstract
The dramatic political changes that have recently taken place in South Africa have focussed attention on the adequacy of the existing controls on deceptive advertising. On the one hand, there is a recognition that, due to the limited access to educational opportunities in the past, the majority of South African consumers might be particularly susceptible to deceptive advertising and thus existing controls might need to be tightened. On the other hand, the new interim Constitution has elevated freedom of speech and access to the media to the status of fundamental rights to which other controls are subject. These rights are likely to provide a basis to challenge both the existing controls and any attempt to tighten the control of advertising content. This article outlines the controls on deceptive advertising that currently exist in South Africa. It then examines the current debate surrounding the need for and the efficacy of such controls.
Highlights
Advertising is a pervasive feature of modern society
Crit!cs suggest that such controls are both unnecessary and undesirable (Nelson, 1974; Singdahlsen, 1991; Craswell, 199.1 ). They argue that consumers are individually well equipped to detect and protect themselves from false advertising claims
This is because the available evidence suggests that the majority of South African consumers appear to be generally trustful of advertising claims
Summary
The dramatic political changes that have recently taken place in South Africa have focussed attention on the adequacy of the existing controls on deceptive advertising. The new interim Constitution has elevated freedom of speech and access to the media to the status of fundamental rights to which other controls are subject. These rights are likely to provide a basis to challenge both the existing controls and any attempt to tighten the control of advertising content. This article outlines the controls on deceptive advertising that currently exist in .South Africa It examines the current debate surrounding the need for and the efficacy of such controls. Die dramatiese politieke veranderinge wat onlangs in Suid-Afrika plaasgevind het, het die aandag gevestig op die doeltreffendheid van die huidige beheer ten opsigte van misleidende reklame. Daarna word die teenswoordige debat oor die behoefte aan en doeltreffendheid van derglike beheermaatreels ondersoek
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