The ARA’s mission is to reduce alcohol-related harm through combating the misuse and abuse of alcohol beverages and promoting only their responsible use.
Complaints Procedure
Complaints Procedure:
1. All complaints raised in terms of the ARA Commercial Communication Code will be submitted in writing to the party alleged to be in breach of the Code. Copies will be submitted to the arbitrator and the assessors.
2. The party alleged to be in breach will have 14 days in which to respond. Such response shall be in writing with copies submitted to the arbitrator and the assessors.
3. Failure to respond will have the same effect as an unsatisfactory response in that a hearing will be scheduled within 14 days.
4. The panel hearing the complaint shall comprise the independent arbitrator retained by ARA for these matters and the assessors. The arbitrator will hand down a ruling within 48 hours of the completion of the hearing.
5. The director of ARA and another appropriate person with the necessary knowledge and experience of the Code and commercial communication will be appointed assessors on an annual basis.
6. If a dispute is not resolved after the hearing, the parties may take the matter on appeal. The parties will choose a mutually acceptable person to hear the appeal. Only one appeal shall be allowed.
7. The party found in breach of the ARA Commercial Communication Code will be subject to the same sanction, corrective measures and deadlines as those in breach of the ASA Code.
8. The ultimate penalty for non-compliance will be a public announcement that the guilty party has had its membership of ARA terminated, with reasons for the termination. A copy of the announcement will be submitted to the Director-General of the Department of Trade and Industry.
9. The ARA Commercial Communication Code is not intended to be interpreted in a purely legalistic manner. The spirit and intent of the Code will form the basis of all judgments in terms of the Code.
10. Any interested party may submit a complaint in terms of the Rules. It is not a requirement that the identity of the complainant be revealed. However, if the complainant is a member of the ARA, their identity will be revealed to the party against whom the complaint is lodged, if the latter so requests.
11. A complaints line will be operational and the general public will be advised on how to lodge complaints.