Illegal sites - The OHMSA standpoint

Out of Home Media SA (OHMSA) feels that this situation is unacceptable, is escalating, and does not bode well for the future of the outdoor industry. OHMSA has been in discussion with various industry bodies as well as advertising agency and marketing industry representatives with regard to the above activities. OHMSA has come under increasing pressure to take action against operators who are not complying with the relevant national regulations and local bylaws, or face a possible escalation in the erection of non-approved sites by currently law-abiding media owners who are being prejudiced by operators apparently ignoring the legal requirements.

Unfortunately, some advertisers and marketers have been placed in a situation where wittingly or unwittingly they are acting illegally by having unapproved advertising on or visible from National Roads in contravention of the regulations.

OHMSA has been compelled to send a clear message of support to the government of the day by joining with the South African National Roads Agency in launching a high court action against landlords, advertisers and media owners who are in contravention of the National Roads Act, a piece of legislation that was passed into law in July 2000 and amended in December of that same year.

OHMSA, which represents approximately 90% of the spend on billboard advertising in this country, finds the current practice of erecting unapproved billboards untenable, and warns that if left to continue will lead to chaos in the industry. Consequently OHMSA appeals to the responsible marketers of our nation to also demonstrate their support for the government and municipal sub-structures in their fight against the irresponsible erection of unapproved outdoor advertising, by not using unapproved advertising sites.

In OHMSA's opinion the sustainability of the outdoor industry in South Africa depends upon adherence to the relevant legislation governing the industry and has contractually bound its members to this effect. The outdoor media owners following the correct procedures laid down by the various Council Bylaws and National Roads Act have to date been placed at a distinct disadvantage as certain independents have ignored the law and erected sites without the necessary approvals.

It is hoped that the responsible position taken by OHMSA in its support of SANRAL to eradicate non-approved advertising from the National Roads will demonstrate to government the ability of the advertising industry to self-regulate and keep its own house in order.

Whether or not one agrees with the regulations, one is legally bound to comply with them until such time as they have been amended or repealed. If one acts outside of the law one must be prepared to suffer the consequences, and in the instance of the National Roads in particular, certain landlords and advertisers together with the media owner have transgressed the regulations and as such must be held accountable.

OHMSA believes it is in its members' long-term interests to behave responsibly and within the legal framework. It wants to work closely with the authorities to ensure that the rules and regulations apply to all that operate in the out of home industry, but will not hesitate to act against the regulations where it is felt that these are unnecessarily harsh or restrictive.