The High Court found that Telimatrix's claim against the Advertising Standards Authority for damages arising from an ASA decision, had no basis in law.
The vehicle tracking company Telimatrix (Pty) Limited (Matrix) filed a lawsuit against the Advertising Standards Authority of South Africa (ASA) for damages suffered as a result of the ASA's alleged wrongful conduct in the dispute between Matrix and its competitor, Netstar (Pty) Limited.
The advertisement in dispute included the words, "When you're hijacked your insurance will get you another car. Can they get you another family? What value would you put on this hijacked car? Now, what if we told you your baby was in the back seat?"
The ASA Directorate ruled that Matrix's advertising contravened the Code of Advertising Practice as it unjustifiably played on fear, and instructed Matrix to withdraw its advertising.
