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Apologies for any typing errors while transcribing the extract, electronic copy is not yet on ASASA website:
RULING OF THE COMITTEE
Having considered all the submissions made by the complainant, and the nature of the material produced by the respondent in breach of the Directorate's previous rulings, the Committee imposes the following sanctions:
1. a sanction in terms of Clause 14.3 of the Procedural Guide. The respondent is to submit all future advertising to the ACA Advisory Service, at the cost of the respondent, prior to publication thereof. In light of the gravity of the breaches, this sanction is imposed for a period of twelve months from date of this ruling. The application of the factors set out in Clause 14.3.3 of the Procedural Guide justify the severity of the sanction.
2. a sanction in terms of Clause 14.4 of the Procedural Guide being that the respondent shall:
* Publish a summarised version of the ruling ("the adverse publicity statement").
* The adverse publicity statement will be drafted by the Directorate and provided to the parties. It is to be read as if specifically included herein.
* The adverse publicity statement must appear once in each South African publication in which the respondent has, to the knowledge of the Committee, placed an advertisement in breach of the original ruling, being The Sowetan, The City Vision and The Mercury.
* The statements must be A4 size and must appear in the main section of the newspapers.
* The cost of such publication will be for the respondent.
* The ASA will place the advertisement, and the placement costs will be charged and paid at the normal rates charged by the publication for the placement of advertisements.
This ruling applies to the respondent (Dr Rath Health Foundation Africa), and all its agents or allied organizations. The ruling of the Directorate that the claims by the respondent must be withdrawn, applies to all forms of media."
[ENDS]
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