In the September issue
How to recruit through Social Media
Uber yourself before you get Kodaked
POPI and Medical Practices
Leading and staying focus
The SA Leader Magazine
Marketing Articles
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Place design at the centre of your business…
Effective design is not the sole preserve of design agencies or software develop... Read more
The big new risk for business … …
Getting a ‘roasting’ from the eye-witness consumer is a growing risk for busines... Read more
Living Brands: How to avoid Marketing's 'Thud Factor'
Sadly, for many organisations, marketing is the job of the marketing department.... Read more
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Expect bigger, angrier consumer backlash, says service fundi
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Africa the country! Building a brand across the continent
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Moving to Mobile - Loyalty Programmes in 2014
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News Headlines
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FPB Multimedia Policy well-intentioned but threatens Freedom of Speech
Darryl Bernstein, Partner in Dispute Resolution of Baker & McKenzie South Africa says that the policy may be well-intentioned, however, will have unintended consequences regarding freedom of speech in South Africa. Read more
September 16, 2015
Cinemark walks away a winner at the 2015 MOST Awards
The 2015 MOST Awards, designed to recognise exceptional media agency and media owner sales teams, kicked off with a bang at the University of the Witwatersrand with Cinemark announced as the winner of the Best... Read more
September 11, 2015
Jumpstart your brand
So you have a business idea, capital, resources and infrastructure. Now what? New businesses are started every month. Many will struggle during the first few years - and half will fail. Less than 12 per cent... Read more
September 07, 2015
Reinventing retail at Beyond Retail 2015
Beyond Retail is back and this year it promises to deliver even more valuable insights. UCS Solutions – South Africa’s preeminent systems and services company, and a leading provider of business process optimisation and technology services and solutions... Read more
September 01, 2015
Make an impact on Small Business Friday
South Africans across the country are encouraged to show their support for small businesses through the new Shop Small Business and Small Business Friday movement – an initiative by the National Small Business Chamber (NSBC)... Read more
August 26, 2015
Social media customer care - who’s job is it?
Best practice tips for any business handling social media queries as part of the customer care process, by Bruce von Maltitz, Director of1Stream. Read more
August 25, 2015
Expos – not just for show
Taking part in trade shows and expos is a crucial component of overall marketing, networking and market research for small businesses, say SMEs participating in the upcoming Business Entrepreneurship and Franchise Expo, presented in partnership... Read more
August 25, 2015
Eurobest Opens for Entries
eurobest Jury Presidents Announced Awards open for entries with two new categories: Healthcare and Creative Effectiveness Read more
August 21, 2015
7 quick hints for using Periscope
Periscope, Twitter’s new Live Video Streaming App, opens a world of opportunity. Here’s a few hints and tricks for using Periscope to the best of its abilities. Read more
August 20, 2015
Stakeholder Day showcases how corporates and entrepreneurs are building a…
The Hope Factory, a reputable Enterprise and Supplier Development Non Profit Company is bringing corporates and entrepreneurs together during a Stakeholder Day at the Summerstrand Hotel in Port Elizabeth.The Hope Factory, part of the Nation... Read more
August 14, 2015
Bridging the gap between creative and business
A UCT Graduate School of Business programme - a first of its kind in South Africa and designed specifically with creatives in mind will bridge the much-needed gap between creative professionals and business. Read more
August 11, 2015
Saatchi & Saatchi Synergize Wins Global Business for P&G Brands
South African based digital search marketing specialist, Saatchi & Saatchi Synergize, has been appointed global search marketing provider for P&G’s Ariel detergent brand, for 25 countries. Read more
August 06, 2015
VIDI calls for local content submissions
VIDI has called on both professional and amateur producers of local video content to submit their work via the VIDI website for possible inclusion in the video-on-demand (VOD) service's South African content selection. Read more
August 04, 2015
What customers want
Study shows customer experience will overtake product and price as a key brand differentiator by 2020 Read more
July 30, 2015
Megatrends: Threats or Opportunities?
While businesses continually have to adapt and adjust to trends and challenges on a daily basis, many of these shifts take place on a local or regional scale. There are, however, what research group Frost... Read more
July 29, 2015
Eurobest Delegate Registration Opens and Creative Basecamp Launched
Cinemark, the local representatives of Cannes Lions and its affiliates, are passionate about both great film and advertising making this the perfect synergy to bring you the latest information from the world’s premier advertising festivals. Read more
July 29, 2015
South Africa’s top performing brand on Facebook is Jameson Irish Whiskey with a total Interaction Engagement Score of 159%. It is followed by credit card Visa in second position (124%) while retail chain Edgars ranks...
July 27, 2015
67 Minutes Initiative Launches to Connect Givers and Charities on…
67minutes, a new online platform aimed at supporting the Mandela Day initiative, to easily connect charities and organisations with those who want to give help, has launched just in time for Mandela Day. Read more
July 16, 2015
Excellerate Brand Management will take shoppers’ experiences at SA malls…
Excellerate Property Services has launched a new company, Excellerate Brand Management, which is set to take shopping malls, and our entire retail experience as consumers, into the future. Read more
July 15, 2015
Innovation the key to continued business success
Volatile business landscapes, unpredictable markets, complexity and competition are just some of the drivers that keep business leaders searching for innovative ways of doing business. Read more
July 13, 2015
Digital marketing is a key weapon in the executive business…
There’s no denying that the world is rapidly shifting from traditional to digital and, together with other global marketing audiences, South Africans are relying progressively more on digital content on a day to day basis.... Read more
July 08, 2015
Cannes Lions Announces Final Winners
Cinemark, the local representatives of Cannes Lions and its affiliates, are passionate about both great film and advertising making this the perfect synergy to bring you the latest information from the world’s premier advertising festivals. Read more
June 29, 2015
Richard Curtis & Sir John Hegarty to Unveil ‘First Ever…
Cinemark, the local representatives of Cannes Lions, its affiliates and member of SAWA, are passionate about both great film and advertising making this the perfect synergy to bring you the latest information from the festivals... Read more
June 24, 2015
Greatstock secures rights to use ‘Rumble in the Jungle’ footage…
To break through the sea of advertising clutter, a television commercial needs an amazing story or legendary characters – or both. Sanlam’s new Wealthsmiths commercial takes viewers back to the scene of ‘The Rumble in the Jungle’, vividly recounting the... Read more
June 18, 2015
Unlocking Customer Equity with Valuable Content
Since when did advertising ever retain customers? The age of intrusion has conditioned marketers into believing that bombarding consumers with annoying, pushy and often irrelevant messages will create the promise of healthy sales. In fact... Read more
June 13, 2015
Record Entries into Cannes Lions
Over 40,000 submitted across the Festival Cinemark, the local representatives of Cannes Lions and its affiliates, are passionate about both great film and advertising making this the perfect synergy to bring you the latest information from... Read more
June 11, 2015
Brands that have grown by connecting with African attitudes
In our recently released white paper, African Attitudes: Marketing beyond the numbers, we explore the most prevalent attitudes of consumers across the continent and offer the psychographic segments that marketers will encounter in every African market... Read more
June 11, 2015
Agency challenges the confines of conventional job hiring
The conception and implementation of a new idea is a wondrous thing. Today’s evolving environment and challenging market conditions necessitate the need for bold approaches and improvements on long standing norms. Since opening its doors... Read more
June 05, 2015
SAB Foundation Social Innovation Awards (entries close 01 June 2015)
Call-to-entry for Social Innovation Awards 2015 begins The SAB Foundation Social Innovation Awards 2015 has been opened for entry and all entrepreneurs and innovators with innovative, pro-poor products and services are invited to participate in the... Read more
May 21, 2015
SA organisations need a special brand of project manager to…
Business-focused project management can help business extract more value from their projects in tough times. Read more
May 19, 2015
VIDI Partners with Vodacom & Samsung-App ONTV for Greater Viewing…
Pay easier, watch better, win more! VIDI, South Africa's first - and best - on demand video streaming service has tied-up with Vodacom to make paying easier. So, as a subscriber, if you are tired of... Read more
May 18, 2015
Calling all entrepreneurs
Final countdown to enter the 2015 Entrepreneur of the Year competition begins With just a little more than a month until entries close for the 2015 Sanlam / Business Partners Entrepreneur of the Year® competition on 16 June 2015, South African entrepreneurs... Read more
May 14, 2015
Rethink your role as a marketer and fast!
The growing complexity of the marketing role places a huge burden on marketing leaders. Quinton Pienaar, CEO of Agilitude, a Salesforce reseller in Africa, and a customer experience evangelist, says that it is very clear... Read more
May 12, 2015
GIBS Annual CareerExpo aimed at both learners and educators expected…
The Gordon Institute of Business Science (GIBS) will once again be hosting its annual GIBS CareerExpo on Saturday, 9 May at its Illovo campus in Sandton. To be held in partnership with MTN, the CareerExpo... Read more
May 07, 2015
VWV Selects New Group of Students for Phakama Class of…
Award-winning brand experience agency VWV has announced that the Phakama Class of 2015 has been selected. A final tally of 32 second and third year students were carefully chosen to participate in the innovative CSI... Read more
May 07, 2015
Nominate successful business women for the Businesswoman of the Year…
The Businesswomen’s Association of South Africa (BWASA) announced that nominations for their annual Businesswoman of the Year Awards (BWOYA) will be closing on Monday, 11th May 2015 at 12h00. BWOYA, now in its 36th year, awards the... Read more
April 23, 2015
The Matrix, The Mummy and much, much more on VIDI…
VIDI, South Africa’s premier video on demand entertainment service, has lined up some fabulous new releases for June including the trilogy of two of Hollywood's most successful franchises - The Matrix and The Mummy. Read more
April 20, 2015
Retailers Investing Heavily in Omni-Channel Selling — But Where Are…
A new JDA study reveals an enormous amount of money; energy and time retailers and consumer goods manufacturers are spending to improve their omni-channel sales capabilities. Read more
April 17, 2015
Deadline for 2015 Cinemark Young Lions competition looms
Young, creative hopefuls are just a few weeks away from the possibility of winning the prize of their dreams – a trip to the Cannes Lions Advertising Festival to the value of approximately R100 000. By... Read more
April 15, 2015
Mind the customer engagement gap
The balance of information between businesses and their customers has shifted radically. From buying decisions to service, the customer is now in the driver’s seat. Companies across industries— from retail to consumer goods to utilities... Read more
April 14, 2015
Cannes Lions International Festival of Creativity - Now is the…
The Cannes Lions International Festival of Creativity 2015, kicking off on 19 June, is just on the horizon. Now is the time to register in order to attend. This will ensure that you are fully geared up... Read more
April 07, 2015
Teaching business success in emerging markets
Doing business in emerging markets takes more than marketing know-how. UCT GSB strategic marketing short course gives modern day marketers the lowdown on what it takes to succeed in the world’s fastest growing markets. Read more
April 07, 2015
Young Lions 2015 registration now open
ENTERIES NOW OPEN FOR CANNES YOUNG LIONS Entries for Cinemark’s Cannes Young Lions competition opened today, 1 April, giving all dynamic and ambitious creatives a chance to represent South Africa in the Young Lions Competition at... Read more
April 01, 2015
Shape your future with Cannes Lions & the Young Creative…
Cinemark, the local representative for the Cannes Lions and its affiliates, is calling on all young creatives to register for the Cannes Lions International Festival of Creativity, taking place from 21 to 27 June, to... Read more
March 30, 2015
MTN Business launches services that will host SMEs securely on…
MTN Business has launched today Bring Your Business Online, a platform that gives small and medium-sized businesses (SME) increased visibility by providing online presence on the MTN managed domain for less than R20 a month. Read more
March 23, 2015
Vice President Gore Honoured with Cannes LionHeart Award
Cinemark, the local representatives of Cannes Lions and its affiliates, are passionate about both great film and advertising making this the perfect synergy to bring you the latest information from the world’s premier advertising festivals. The... Read more
March 23, 2015
OLX Launches new website with added technology
In line with continued growth in trading on online classifieds, OLX launched their new desktop website this week introducing new features and technology aimed at creating a more tailored user-experience and increased search functionality. Read more
March 09, 2015
Lions Innovation to explore data, tech, ideas…and space
First speakers named and new festival format revealed Cinemark, the local representatives of Cannes Lions and its affiliates, are passionate about both great film and advertising making this the perfect synergy to bring you the latest... Read more
March 09, 2015
Eight South African creatives take their expertise to the judging…
The Cannes Lions International Festival of Creativity 2015, taking place from 21st to 27th June, is an opportunity for South Africans to dazzle in more ways than one. Cinemark, the local representative for the Cannes... Read more
February 19, 2015
VWV continues to invest in the development of women
Strongly geared towards women empowerment in the workplace, leading global brand experience agency, the VWV Group, has announced the appointment of Michelle Jean-Louis as its New Business Development Manager. Jean-Louis will be responsible for growing... Read more
February 19, 2015
Pack a punch - Enter Cannes Lions
The Cannes Lions International Festival of Creativity 2015 is the place to shine and anyone who has won a Lion will tell you it certainly packs a punch. Cinemark, the local representative for the Cannes... Read more
February 17, 2015
Mobiclicks campaign moves Suzuki off the showroom floor
Suzuki, a company that started from humble beginnings, has recently celebrated over 100 years of creating good value, reliable vehicles and motorcycles. Despite global brand success, the company, which started its South African sales operations... Read more
February 17, 2015
Cannes Lions Announces Lions Innovation Juries
Multi-disciplined expertise from industry frontier secured for Creative Data and Innovation Lions judging panels Cinemark, the local representatives of Cannes Lions and its affiliates, are passionate about both great film and advertising making this the perfect... Read more
February 16, 2015
25 years of Photoshop: a celebratory moment for the software…
On February 19, 1990, Adobe released version 1.0 of the popular image editing software, Photoshop. February 16, 2015. Often, the beginnings of something great are inconspicuous. Version 1.0 of Photoshop, released by Adobe on February 19,... Read more
February 16, 2015
New book skyrockets to over 15,000 followers
Released as an app on Mxit in July last year, How to speak well already has a huge following right across South Africa. Most Mxit non-corporate apps languish around the 2,000 to 3,000 follower mark. However,... Read more
February 16, 2015
IAB poised to shape SA’s digital landscape
IAB South Africa’s inaugural year in 2014 became a considerable one as the council announced several promising achievements and a roadmap that is set to shape the digital landscape in South Africa in 2015. High level... Read more
January 14, 2015
Some tough questions to ask yourself about your marketing for…
1. What channel should I not be using this year? Yes, you read that right. It’s not about adding an extra marketing channel to your arsenal in 2015, with all of the accompanying admin, energy, input... Read more
January 14, 2015
4 Personal Branding trends to consider in 2015
If you think that personal branding is for celebs like George Clooney, or bigwigs like Bill Gates, you need to think again! You are a brand. So, before you market your company in 2015, you need... Read more
December 10, 2014
LANGE STRATEGIC COMMUNICATIONS EXTENDS CAPABILITIES IN AFRICA
Lange Strategic Communications, the only Southern Africa partner of the WORLDCOM Public Relations Group, today announced its extended capabilities in Africa with the addition of PFC Africa Communications, in Lagos, Nigeria to its network. It... Read more
November 24, 2014
John Brown Media nominated for prestigious CMA awards
Pick n Pay’s Fresh Living, South Africa’s top selling food magazine, produced by John Brown Media, has been nominated for Best Retail Consumer magazine for the 2014 International Content Marketing Association (CMA) awards - the... Read more
October 30, 2014
Paarl Media Bursary Trust continues to invest in future leaders
Youth between the ages of 15-29 are categorised as the highest unemployed group of people in South Africa. This concern stretches globally and the responsibility to assist in developing future leaders rests on public and... Read more
October 27, 2014
Ocean Basket Reels In The Big Fish
Once again Ocean Basket has reeled in the big fish; pulling in four titles at this year's Leisure Options Reader’s Choice Awards. South Africa's most loved seafood restaurant proved they've got Joburgers hooked by winning “Best... Read more
October 24, 2014
Euphoria Telecom and Salesforce join forces
Euphoria Telecom has joined forces with Salesforce, the new power couple in cloud software systems. This new partnership offers more business functionality with far less effort, through seamless integration powered by the need for business... Read more
October 22, 2014
When pretty isn’t enough
Customers have changed. They are empowered and informed. They have a better understanding of available products and services. In the age of information overload, breaking through the clutter takes skill and perception. Adobe recently facilitated... Read more
October 20, 2014
Nokia Asha 503 found in the washroom
Primedia Unlimited’s indoor advertising specialists TLC were selected as the Out of Home (OOH) media owner of choice to launch Nokia’s Asha 503 smart phone. The cost effective smart phone, aimed at the younger market in... Read more
September 18, 2014
Print and Packaging Bridging Programme set to address scarce skills
PRINTING SA is pleased to support the launch of the Print and Packaging Bridging Pilot Programme. “Without the collaboration of key industry role-players, this programme would not exist had they not offered their resources and support.... Read more
August 14, 2014
Today's Readers, Tomorrow's Leaders
The Nal’ibali reading-for-enjoyment campaign and Jet Club magazine partnered 18 months ago to create awareness around the importance of sharing stories for children’s literacy development, by publishing monthly illustrated stories for young children in the... Read more
August 01, 2014
VWV at the Forefront of Women Empowerment
New Phakama Women’s Academy Launches Award-winning brand experience agency VWV Group, known for its ability to deliver highly impactful events and campaigns that change perceptions and inspire action, has announced the launch of an innovative CSI... Read more
July 31, 2014
The John Brown Bursary Scheme
40 full bursaries to be granted to previously disadvantaged learners John Brown Media has announced the launch of the John Brown Bursary scheme for the 2015 academic year. In keeping with their commitment to skills development... Read more
July 29, 2014
Transit media specialist Brandyourcar.com is running its third campaign for office and school stationery manufacturer, Pentel. “The new campaign sees a shift in focus from the student to the corporate market, and runs for a period...
July 28, 2014
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FPB Multimedia Policy well-intentioned but threatens Freedom of Speech
- Details
- Category: Marketing & Media News
- Created on Wednesday, 16 September 2015 12:34
- By Baker & McKenzie
The recently-released Draft Regulation Policy of the Film & Publication Board (FPB), published in terms of Section 4A of the Films and Publications Act, may be well-intentioned but will have unintended consequences regarding freedom of speech in South Africa.
This is according to Darryl Bernstein, Partner in Dispute Resolution of global law firm Baker & McKenzie: South Africa, who says the purpose of the policy is to create a uniform system of classification and monitoring of all major types of multimedia content distributed within South Africa, regardless of the format or platform for dissemination.
Bernstein says the underlying reasons for implementing such a policy include ensuring that children are prevented from being exposed to harmful content, especially online, and facilitating a uniform classification for all multimedia content. “While we welcome the intention behind this policy, the practical reality is that there is a very low likelihood that it will be passed in its current form."
“There has been growing opposition to the policy since its publication. We believe there is a high likelihood that it will be passed in another form, but the timing of the enactment of this policy is currently unknown."
The FPB has also proposed the implementation of a classification licence fee, which would be payable by all multimedia users and distributors whenever distributing content throughout South Africa. The intention of this is to uniformly classify all multimedia content and at the same time, monitor the distribution of content and remove any information deemed non-compliant by the Board.
Bernstein comments, “The desire to impose fees on content distributors would mean that an individual’s right to freedom of expression is effectively applied on a conditional basis. While the FPB has clearly stated that all distributors would be equally subject to the draft policy, and that all distributors would have to be equally compliant, this cannot be practically achieved within the current framework. In addition, the targets of criminal punishment for distribution that the FPB deems to be non-compliant could include the distributor, the internet service provider and the online platform administrator.”
Bernstein says the regulation would also apply to an individual's personal distribution of personal content on social media platforms such as Facebook and Twitter, due to these actions rendering the user a ‘distributor’. “This is because the definitions provided in the policy are exceptionally vague and therefore pertain to the regulation of any uploaded multimedia content, on any platform, by any user. The policy is therefore applicable to all users of social media or any online platform that facilitates the distribution of content. "
While the FPB has assured the public that the policy intends to focus only on industrial or commercial distributors of multimedia, the wording of the policy is not currently designed with such controls.”
Bernstein says that if this draft policy is imposed, South Africa’s law enforcement processes and capabilities are unlikely to be able to manage the imposition of the related sanctions. “The enforcement authorities will only have the capabilities and/or desire to enforce against bigger or more established distributors due to their permanence and financial ability to pay for classifications/fines, for example, established movie theatre film distributors."
“Enforcement of such broadly infringing multimedia content would be practically impossible due to the high speed and exponential spread of content of this nature, with the result that only a fraction of transgressors would ever realistically face charges.
Bernstein says the concern does not lie within the policy itself, but rather in the broad definitions the policy uses. “The USA may require media classification and live monitoring of content but, in comparison, these underlying laws are highly detailed and well-designed. At this stage, further clarity is required around South Africa’s proposed Draft Regulation Policy."
“In addition, agencies within the USA such as the Federal Communications Commission (FCC) and the National Security Agency (NSA) that are conducting live monitoring of content are well equipped with comprehensive, state-of-the-art enforcement and compliance systems."