Time to change the marketing rules

The controversial collapse of the Marketing Federation of SA last year and just before that another catfight between Vodacom and MTN over brand values that turned the Marketing Excellence Awards into a complete fiasco, have all contributed to the perception of an industry that is more about mayhem than marketing.

Add to all that some incredibly anal and singularly silly rulings by the Advertising Standards Authority (ASA) and we also have an ad industry that is perceived by the general public as something trivial and a complete waste of money.

Not serious

The majority of the SA population does not take advertising seriously and the majority of business people in this country do not take marketing seriously.

But, what is the solution? Well, for starters if one looks at this recent spat between Vodacom and MTN, it was all about infringements of copyright and trademark legislation. Something that the ASA is delighted about because it can wash its hands of anything to do with comparative advertising by saying that the issue has nothing to do with advertising regulations but everything to do with the laws of the land.

The point is though, that with real comparative advertising prohibited in this country, the consumer is the one who is suffering.

No choices

Quite simply, with competing advertisers not being allowed to make clear comparisons , they have to stick to just telling the consumer that they are the best in the business. Which certainly does not allow the consumer any choices.

Of course, comparative advertising does have its problems - particularly in terms of two big brands colluding in what might appear to be a comparative advertising battle but which in fact is simply a well orchestrated campaign to keep themselves in the limelight and squeeze out the small guys who can't afford to do battle.

But, this is no excuse to restrict it altogether. If the marketing industry and its highly visible advertising component wish to maintain any sort of integrity and in turn become effective business tools, then both industries need to practice what they preach and look towards what the consumer wants to hear and not what advertisers and marketers want to say.

Terms and conditions

And what the consumer wants to hear is certainly not anything about terms and conditions applying, nor anything that simply informs them that some product is the best there is without any proof.

The problems with South Africa's marketing and advertising particularly don't all emanate from trade mark legislation and comparative advertising restrictions. But, a huge amount of them do and by allowing advertisers to make valid, proven comparisons will be a great start towards a level of transparency that will make it a lot easier for consumers to make the right choices and a lot more difficult for manufacturers of second-rate products or purveyors of dodgy services to pull the wool over the eyes of the consumer by blinding them with pseudo science.

Even if marketers and advertisers are reluctant to rock their comfortable little boat which is buoyed up so nicely by protective trade mark legislation, then at least consumer organisations or Government itself should take a long hard look at this legislation which is so one-sidedly protecting business while at the same time being so incredibly disadvantageous to consumers.