LML4810 Assignment 2, Semester 1

LML4810 Assignment 2, Semester 1. The term ‘direct marketing’ is defined in the Direct Marketing Association of South Africa’s (further referred to as DMASA) Code of Ethics as a means in which an organisation’s products or services may be presented and planned as a set of business practices, in order to create more effective relationships with customers.1 ‘Unsolicited communications’ (also referred to as spam) is defined as unsolicited commercial communications sent to consumers, in section 45 of the Electronic Communications Act 25 of 20022 (further referred to as the ECT Act) 2. DMASA’s is an independently set up body, paid for by companies who engage in direct marketing. DMASA’s role as an industry body is to ensure that its self-regulatory system maintains the standard for the conduct of direct marketing inn South Africa, and correlates with the interest of the public.3 Paragraph 12.6.7 of the DMASA Code of Ethics provides for regulation regarding the privacy, it states that a clear privacy policy is to be displayed on their website in terms of collection, use and disclosure of personal information that could be received from consumers, this is to be clear on every encounter that personal data is being collected. Furthermore it requires that consumers need to be informed of what personal information is being used, disclosed or collected.4 DMASA’s Code of Ethics applies to any direct marketing communication activities with South Africa, including: consumer marketing, business to business marketing, non-profit organisations as well as organisations 1 2 Electronic Communications Act 25 of 2002 3 4 Page 1 of 6 This study source was downloaded by from CourseH on :34:46 GMT -05:00 LML 4810 Assignment 2, Semester 1 2019 Unique number: Student number: marketing internationally, were limitations may apply. Chapter 5 of the Code provides that marketers, whether DMASA members or not, bear the responsibility for the content of their direct marketing strategies extending to the suppliers as well as agencies advertising on the behalf of such marketers.5 3. Legislation is the law which has been passed by a legislative body whereas regulations are requirements found within the legislation, merely providing more information on how to regulate the act. For example, The Promotion of Personal Information Act, No 4 of 2013 (further referred to as POPI) is a piece of legislation, which came into operation on 26 November 2013, as it was published in the Government Gazette on this date.6 Thus an example of regulation for the POPI Act is section 69 of the POPI Act, which deals with the issue of consent, in that a consumer must give prior consent to direct marketing if not yet a consumer of the marketing party.7