The law on using ‘ass’
JOHANNESBURG - The use of seemingly offensive language in advertisements is actually permitted in terms of the law.
We are exposed to thousands of advertisements which are shown in numerous forms of media, and much to the dismay of many mothers, the word ‘ass’ can legally now be used in these advertisements.
A Morningside-based resident said, “I was driving to a friend one afternoon and heard an advertisement for a gym on the radio which used the word ‘ass’ repeatedly. I constantly tell my children that it is wrong to swear, but this advert completely contradicts what I, as a mother, try and teach my children. Surely this advert is illegal?”
Attorney Tyrone Walker explained that this advert is, in fact, legal and said that the Advertising Standards Authority (ASA) is the body which regulates advertising in South Africa. “In the case which involved the gym advertisement, the advertising authority received a few complaints wherein it stated that the advert was offensive and expletive because of the use of the word, ‘ass’.
“The gym was able to defend the use of the word ‘ass’ with numerous arguments. The advert is motivational and lighthearted. Furthermore, the expression ‘get off your ass’ is colloquial and is not out of society’s values. It is important to note that the advert is not aimed at children and is played out of times when children ordinarily watch or listen to the advertisement.”
He further explained that the word ‘ass’ had been used in various adverts where the advertising authority has found that the use of the word conformed to the rules and was not offensive. “The authority found in favour of the gym and found that the advertisement is humorous and lighthearted, and concluded that it would not cause offense.”
Walker did, however, stress that ASA takes all complaints seriously. “Any member of the public can lodge a complaint with the authority if they find an advertisement to be offensive, dishonest or disparaging. The complaints can be against online, TV and print advertisements and can be filed in a couple of minutes on the advertising authority’s website.”
Therefore, if there are any future complaints of the use of the word ‘ass’ in an advertisement, the law is bound to ‘butt’ in.
Details: www.asasa.org.za
