What South African Advertising Is Allowed to Say: The Self-Regulation Rulebook

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South African advertising is mainly governed by industry-led self-regulation through the Advertising Regulatory Board (ARB) and its Code of Advertising Practice, which provides a formal complaints and appeals process for consumers and competitors. The system draws on international standards, allowing anyone to lodge a complaint, and places notably tight constraints on misleading claims, children, and sensitive product categories.

The Advertising Regulatory Board (ARB) is the industry body that maintains and enforces the Code of Advertising Practice**, which sets out rules and guidelines that advertisers must follow for advertising content in South Africa, including misleading claims, substantiation, offence and discrimination. The Code is the guiding document of the ARB, and is based upon the International Code of Advertising Practice prepared by the International Chamber of Commerce. Furnished with these standards, the South African advertising industry is mainly self-regulated, with advertising content governed by the provisions of the ARB’s Code of Advertising Practice.

Only members of the ARB are obliged to adhere to the ARB Code, but most advertisers, agencies and media sources that carry advertising are members. ARB decisions are deemed to be administrative actions for purposes of South Africa’s Promotion of Administrative Justice Act (PAJA), and such decisions are reviewable before the courts** under section 6 of PAJA.

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The ARB accepts complaints about the content of advertising from both consumers and companies, and consumers lodge complaints via an online form while companies submit complaints via email. Any member of the public or a business that is disgruntled by local advertising content and believes it is unacceptable may lodge a complaint with the ARB, and the Code explicitly allows for both consumer complaints and competitor complaints. When the ARB upholds a complaint, the advertiser will usually be ordered to withdraw the advertisement in its current format and from any medium in which it appears, and if the advertiser is a member, they are also told to stop running the advertisement.

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Once the ARB receives a complaint, it notifies the relevant advertiser by sending the complaint to that advertiser. Before issuing a formal decision, the ARB Directorate may seek to resolve the matter between the parties. If that is not possible, the Directorate will formally consider the complaint and rule. The usual remedy is a requirement to withdraw the advertisement in its current format from any medium in which it appears. Media members and affiliates are asked to stop carrying the advertising, and member advertisers are told to stop running the advertisement. A party aggrieved by a ruling of the ARB Directorate may appeal to the Advertising Appeals Committee, which is chaired by an independent practising advocate. As a further recourse, a Final Appeals Committee may hear appeals from the AAC.

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To lodge a complaint with the ARB, a complainant must do so in writing, must disclose their identity, and must provide contact details, identity or passport number, and a clear explanation of why they are complaining, as well as where and when the advertisement was seen or heard. While consumer complaints are free, complainants with a business interest (typically competitors) must pay a fee. However, The ARB states that often, non-members will nonetheless comply with the request to stop running advertising following an ARB decision, even though only members are obliged to follow the Code.

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The ARB provides a dispute-resolution forum for complaints lodged by consumers, competitors and other interested parties in relation to misleading or otherwise unacceptable advertising, and administers the Code of Advertising Practice accordingly. The Code includes rules and guidelines covering misleading advertising and substantiation requirements, as well as rules on offence, discrimination, and protection of vulnerable groups such as children. These areas are identified in ARB and legal commentary as central focus points of self-regulation. The ARB’s media members and affiliates are asked to stop carrying the advertising following an upheld complaint.

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The ARB explicitly notes that it cannot secure the advertised product at the advertised price or procure a refund for complainants; its role is limited to regulating advertising content, and it aims to resolve complaints within 30 days, though complex matters may take longer. The ARB’s primary object is the regulation of commercial advertising and it applies to the supply of goods or services or the provision of facilities by way of trade.

** In sum, while an essential part of the broader regulatory landscape and an important redress mechanism for consumers and competitors, the ARB’s powers are limited to advertising content, and an upheld complaint results in an order to withdraw or amend the advertisement, not in enforcement of any specific offer or refund obligation. Advertisers would still be required to comply with consumer protection legislation or any other relevant regulatory regime, such as competition law or sector-specific unspecified regulations, and marketers should understand the scope, process and consequences of ARB regulation as an additional layer alongside other legal requirements and commercial imperatives.