BEST PRACTICE AGREEMENT
AND UNDERTAKING OF
PROFESSIONAL CONDUCT
BY ACA MEMBERS

Adopted by the Board of Directors at the
Board Meeting of 1 December 2010,
duly authorised in accordance with
Section 21 of the Articles of
Association of the Association for

Communication and Advertising Limited.
This document is copyright © 2011. In terms of the Copyright Act 98 of 1978, no part of this document may be
reproduced or transmitted in any form or by any means, including photocopying, recording, or any information storage
and retrieval system, without the written permission form the Association for Communication and Advertising.

SECTION B

Kindly Initial the bottom of every page in section B.

 

The Association for Communication and Advertising (ACA) endeavours to create and maintain an environment which will ensure, as a minimum:

  • Long-term client relationships that are mutually beneficial;
  • Equitable relationships between members of the ACA;
  • Consumer trust and confidence.

The ACA and its members therefore subscribe to the following:

GENERAL PRINCIPLES

  • We believe that our industry should be the creator and custodian of truly outstanding South African advertising ideas, ideas that while proudly proclaiming their African heritage still communicate effectively within the global context and we are committed to train and educate our students to embrace these principles.
  • We jointly and severally commit ourselves to the harnessing of all resources at our disposal towards the transformation of our industry and related disciplines to reflect and represent the totality of skills and contributions from our unique South African experience.
  • We believe our strength and growth and that of our clients depend upon the mutual development of sound and effective advertising, marketing and merchandising policies.
  • We believe that advertising is a social force for the public good and we support advertising that contributes to the general welfare of the public. We deplore advertising that does not uphold generally accepted standards of good taste and morality. We deplore advertising that discriminates in any way against gender, race, religion or culture, and advertisements which are harmful to children.
  • We firmly believe in self-regulation. We fully support and abide by the Code of the Advertising Standards Authority, and procedures and rulings of the Advertising Standards Authority, to make every endeavour to ensure that all advertising placed is legal, decent, honest and truthful. An agency must point out to its client where actions contemplated are likely to lead to transgression of the regulations.
  • We will conduct business, internally within the organisation as well as externally with clients and other stakeholders, in a manner that complies not only with the letter but also with the spirit and purpose of the law. This principle also applies to relationships between ACA members and between the ACA member and its client, irrespective whether this relationship is contractual or based on other legal principles.
  • We believe that the sponsor of the advertising message has special responsibility for the content of that message. We deplore claims that cannot be verified by objective test, and the use of misleading messages which confuse or deceive the public.
  • We fully respect the editorial autonomy of media in which our advertising is placed. We believe that all engaged in advertising should work together in the public and their own interest, to advance these advertising principles. We live up to them voluntarily and wholeheartedly. We shall make every endeavour to preserve, implement and elevate these standards.
  • We fully respect the mission statement of the ACA and undertake to honour and implement it in letter and in spirit.

In addition to and in conformance with the General Principles, the following conduct is expected of the ACA and its members.

 

CODE OF CONDUCT

The ACA is irrevocably committed to the transformation of the industry. Members are expected to adhere to the ACA Transformation and Empowerment Charter and to comply with the directives by the ACA to effect the principles and philosophy of the Charter.

The ACA supports freedom of commercial speech. The ACA supports any advertising for

products and services that are legally sold, as long as such advertisements are legal, decent, honest, truthful and not harmful or misleading.

The ACA believes in healthy competition among its members, such as is appropriate to the free market economic system, but it seeks to ensure that competitive activity is at all times ethical and will do business with integrity and honourably, in dealings with a client, with another member of the ACA or the ACA. This may include that I will comply, in letter and in spirit, with procedures and practices that we have directly agreed to follow or to which we may become bound as members of the ACA.

An ACA member will not compete by:

  • Being disparaging about any other member’s work, either directly or by implication.
  • Circulating harmful rumours about them.
  • Seeking to obtain an account by offering employment to a staff member of the member holding that account.
  • Continuing to press a claim for business after being told that an advertiser already employs an agency with which they are satisfied.

An ACA member should also not act in a manner which:

  • is calculated or likely to be directly or indirectly detrimental or prejudicial to the interest of the Association or any member of the association or the advertising industry or any segment

thereof, or

  • which is calculated or likely to bring advertising or the advertising industry or the Association into disrepute.

The ACA and its members accept that it is impossible to formulate precise rules to regulate a diverse and dynamic industry and therefore undertake to observe not only the letter but also the spirit of the General Principles and Code of Conduct.

We ask that transgressions of the letter and/or spirit of these principles and code by members of the ACA be reported and dealt with in terms of the ACA Memorandum and Articles.

 

UNDERTAKING

I, ____________________________________________(e.g. CEO, MD Name and Surname),

duly authorised and representing ________________________________________________

(e.g. Agency Name) hereby acknowledge the content of the Code of Conduct and undertake to

ensure the compliance with the letter and spirit of the Code.

Signed by me on this ____ day of 20____ at ________________________________________