TAC Electronic Newsletter
21 October 2005
Advertising Standards Authority dismisses complaint against TAC
TAC recognised as acceptable organisation to run an HIV/AIDS
education campaign
The Advertising Standards Authority of South Africa (ASASA) has
dismissed a complaint by an AIDS denialist against TAC for our widely
distributed Talk About Nutrition and HIV public information
advertisement. ASASA ruled that our claims were verified. ASASA has
also recognised TAC as an acceptable organisation to run "an
educational or information campaign addressed to the lay public" on
HIV/AIDS.
TAC thanks the following organisations for their assistance in managing
this complaint: Southern African HIV Clinicians Society, South African
Medical Association, UNAIDS, Soul City, Nutrition Information Centre
University of Stellenbosh, AIDS Law Project, Department of Human
Nutrition Nelson Mandela Medical School and the AIDS Law Project.
Here is the ruling:
(also available at
http://www.asasa.org.za/ResultDetail.aspx?Ruling=2713)
TAC / Oliver Martins / 2439
Ruling of the : ASA Directorate
In the matter between:
Oliver Martins Complainant(s)/Appellant(s)
Treatment Action Campaign (TAC) Respondent
14 Oct 2005
Mr Martins lodged a complaint against a Treatment Action Campaign print
advertisement
that appeared in the Cape Argus on 21 July 2005.
The advertisement states, inter alia, that:
“Antiretrovirals help most people who take them live much longer,
healthier lives”;
“People with HIV often lose their appetites when they are sick.
However, fighting HIV
increases the energy needs of our bodies”;
“HIV reduces absorption of food”;
“Large amounts of alcohol makes HIV worse”; and
“Smoking causes many illnesses, especially chest infections. People
often smoke instead
of snacking. This is unhealthy if you have HIV”.
COMPLAINT
The complainant submitted, in essence, that all these claims are
unsubstantiated and
therefore are misleading. The complainant took particular issue with
general references
to HIV as opposed to AIDS.
RELEVANT CLAUSES OF THE CODE OF ADVERTISING PRACTICE
In light of the complaint the following clauses of the Code were
considered relevant:
• Clause 4.2.1 of Section II - Misleading claims
• Clause 4.1 of Section II - Substantiation
• Appendix F - Reference to diseases in advertising: Recommendations
RESPONSE
The respondent addressed the merits of the matter and submitted
documentation from the
Southern African HIV Clinicians Society (SAHCS) in support of the
claims.
ASA DIRECTORATE RULING
The ASA Directorate considered the relevant documentation submitted by
the respective
parties.
The respondent submitted statements from the Southern African HIV
Clinicians Society
(SAHCS) in support of the claims.
Clause 4.1.1 of Section II states, inter alia, that before advertising
is published,
advertisers shall hold in their possession documentary evidence as set
out in Clause
4.1, to support all claims, whether direct or implied, that are capable
of objective
substantiation.
The advertisement states, inter alia, the following:
“Antiretrovirals help most people who take them live much longer,
healthier lives”;
“People with HIV often lose their appetites when they are sick.
However, fighting HIV
increases the energy needs of our bodies”;
“HIV reduces absorption of food”;
“Large amounts of alcohol makes HIV worse”; and
“Smoking causes many illnesses, especially chest infections. People
often smoke instead
snacking. This is unhealthy if you have HIV”.
The ASA carefully considered the objectives of SAHCS, its composition
and the
relationship that exists between it and the respondent. SAHCS is ex
facie an
independent, credible and expert medical body, and meets the criteria
set out by Clause
4.1 of Section ll.
The documentary evidence submitted states that all the statements in
relation to the
claims made are accurate and confirmed by research. Furthermore, SAHCS
stated that
these views are shared by all reputable medical institutions. The
substantiation
therefore specifically verifies the claims made in the advertisement.
Based on the above, the advertisement does not contravene Clause 4.1 of
Section II of
the Code. As the claims are substantiated, they are not misleading and
the
advertisement is not in breach of Clause 4.2.1 of Section ll.
Clause 2.2 of Appendix F states that, inter alia, advertisements should
not make any
recommendations in relation to AIDS unless such advertising is an
educational or
information campaign addressed to the lay public by Government
Institutions or bodies
recognised by the ASA to run such campaigns.
The ASA asked the respondent to address it on why the ASA should
recognise it as an
acceptable body in terms of Appendix F.
The respondent submitted documentation from The South African Medical
Association
(SAMA) and Soul City Institute for Health and Development (Soul City)
in support of its
work. Both organisations submitted that the respondent’s public
information and
treatment literacy programme are accurate and based on the best
available science. SAMA
and Soul City regard the respondent as a responsible and credible
organisation
representing the best interests of the South African public with the
necessary
expertise and as such request the ASA to recognise the respondent in
terms of Appendix
F.
Both SAMA and Soul City are respected, independent institutions in
their own right, and
the Directorate therefore takes cognisance of their opinions.
The Directorate therefore accepts that the TAC is an acceptable
organisation as
envisaged by Clause 2.2 of Appendix F.
The advertisement is therefore an educational campaign addressed to the
lay public by
an organisation recognised by the ASA to run such campaigns.
Based on the above, the advertisement does not contravene Appendix F of
the Code.
The complaint is dismissed.
[END OF NEWSLETTER]