Supreme Court Act, 1959
R 385
Electronic Communications Act, 2005 (Act No. 36 of 2005)RegulationsICASA Code of Conduct for Premium Rated Services Regulations13. Advertising and promotional materials of premium rated services |
| (1) | All promotions and advertising of premium rated services shall comply with the Advertising Code, as prescribed by the Advertising Standards Authority of South Africa. |
| (2) | The following provisions relate to all forms of promotions and advertising where the intent is to either directly or indirectly, encourage the use of premium rated services; |
| (a) | Premium rated service providers shall take reasonable steps to ensure that promotional material does not reach those for whom the premium rated service may be deemed to be inappropriate. |
| (b) | Premium rated service providers shall ensure that the charge for calls to each premium rated services is clearly stated or announced in all promotions. |
| (c) | Pricing for premium rated services as depicted in advertisements or promotional material must not contain any hidden costs. Where applicable, pricing for content services must include the cost of the content and indicate any costs that may be associated with receiving that content. |
| (d) | Pricing for premium rated services as depicted in advertisements or promotional material must use one of the following generally accepted formats for prices in Rands: "Rx (per second\minute)" or "Rx.xx (per second\minute). |
| (e) | A premium rated service provider shall, in disclosing the prices, terms and conditions required under paragraphs (b) and (c), and in relation to all advertisements relating to its premium rated service, observe the following: |
| (i) | shall not provide disclosure or advertisement in a manner that is reasonably likely to confuse or mislead in any way, whether by inaccuracy, ambiguity, exaggeration, omission or otherwise: |
| (ii) | every disclosure and advertisement must state: |
| (a) | the description of the premium rated service offered; |
| (b) | the name of the premium rated service provider as registered; and |
| (c) | the customer care contact number for the premium rated services provider. |
| (f) | Premium rated services and any material relating to the service shall not: |
| (i) | facilitate nor encourage unlawful behaviour; or |
| (ii) | contain anything which is in breach of the law or omit anything which the law requires. |
| (g) | A premium rated service and any material relating to the service, with the exception of adult services, shall not contain strong language. |
| (h) | Any promotional material for charitable and/or fundraising promotions shall: |
| (i) | make clear that network operator fees and administration fees will be deducted from contributions paid; |
| (ii) | specify the identity of the beneficiary; |
| (iii) | make clear any restrictions or conditions attached to the contribution to be made to the beneficiary; and |
| (iv) | specify the date of termination of the promotion. |
| (i) | In all mediums used where premium rated services are advertised, call charge rates for the premium rated service must be given directly after the premium rated service number. |
| (j) | In the case of premium rated services that are advertised in publications or other media which have a long shelf life, a statement must be included in the advertisement to the effect that the premium rate given is correct at the date of publication and that date must also be stated. |
| (k) | A premium rated service provider must engage in honest and fair dealings with their end-users in accordance with the provisions of the Consumer Protection Act, 2008 (Act No. 68 of 2008). |
