ASA responds to Telimatrix’s threat of litigation

The Advertising Standards Authority of South Africa (the ASA) has informed Telimatrix (Pty) Ltd that it will vigorously defend any litigation instituted by Telimatrix against the ASA. This is in response to a letter of demand served on the ASA by Telimatrix on 6 September 2002 which claims that the ASA is liable to pay the sum of R 4,5 million to Telimatrix as a result of alleged damages due to an adverse ASA ruling.

The ASA is confident that it has not acted negligently, unlawfully or wrongfully, and that it is therefore not liable to pay Telimatrix the amount as claimed, or any amount at all.

In terms of the ASA ruling Telimatrix was obliged to withdraw two specific Matrix Vehicle Tracking print advertisements against which the ASA had ruled. The ruling followed a complaint from Netstar against those advertisements.

The ASA notes with regret Telimatrix's threat of litigation. The ASA is an independent self-regulatory body established by the advertising industry to perform a function in the public interest, and for the good of the industry as a whole. It is not a profit-making body, and does not serve its own ends.