Secrecy Bill adverts undermine Parliament, ASA must investigate 

The Democratic Alliance (DA) will today lodge a formal complaint with the Advertising Standards Authority (ASA) regarding the pro-Secrecy Bill advertising campaign launched last week by the Department of State Security.

In addition to requesting an investigation by the ASA, I will also be writing to the Speaker of the National Assembly Mr Max Sisulu and the Chairperson of the NCOP Mr Johannes Mahlangu to raise my concerns about government launching a media offensive on a matter that is currently before Parliament.

The bill is currently under the jurisdiction of parliament, for government and the state security department to engage in this propaganda campaign on behalf of a piece of legislation that is still being deliberated upon and has yet to be signed into law shows a clear disregard for the separation of powers.

The campaign, which consists of print advertisements as well as two radio and five TV ads on SABC radio and TV, seeks to persuade the public that the purpose of the Bill is to protect personal information, such as birth certificates, and drivers licences. The radio adverts one of 60 seconds and one of 45 seconds, started airing on 27 March and will run until 10 April.

The Department of State Security's decision to focus these adverts on a narrow and largely irrelevant aspect of the Bill is disingenuous, as no mention is made of the bill's range of controversial implications.

For example, there is no reference to the Bill's serious implications for press freedom, or its potential repercussions for corruption whistle blowers.

This propaganda campaign is obvious attempt by State Security Minister Siyabonga Cwele's department to misrepresent the Bill as a means of fighting back against the overwhelming rejection of the draft legislation by the South African people.

This campaign appears to have breached three key provisions of the ASA's Advertising Code:

Section 2.2 Honesty

This section of the Code states: "Advertisements should not be so framed as to abuse the trust of the consumer or exploit his lack of experience or knowledge or his credulity."

However, this is exactly the tactic employed by the Department of State Security, which has chosen to base its adverts on only very narrow sections of the Bill while downplaying significant concerns and aspects thereof and appealing to emotion, unduly exploits citizens' lack of detailed knowledge about the Bill.

Section 3.1: Fear

This section of the Code states: "Advertisements should not without justifiable reason play on fear."

Apart from unjustifiably fuelling and exploiting legitimate concerns over identity theft, the radio advertisement also echoes Minister Cwele's unsubstantiated claims about "spies out there who want to steal our information to develop their own countries at our expense".

Section 4.1 and 4.2: Truthful presentation

These sections of the code state that advertisements should not contain any statement which is likely to mislead the consumer, directly or by implication, through omission, ambiguity, inaccuracy or exaggerated claims.

The television adverts contained in the Department of State Security's campaign not only exaggerate the implications and scope of the bill in dealing with the information of citizens and companies, but also fail to mention the significant focus of the bill on the classification of state information and potential it holds for hiding embarrassing information and preventing the media from both uncovering and reporting on corruption.

The security of our country and its citizens is indeed a priority. However, this should not be used to manipulate citizens into supporting a piece of legislation which, in its current form, is far from perfect. Instead of protecting our hard-won freedom as the Department's advertising claims, the Secrecy Bill has the potential to undermine the Constitution and the basic freedoms guaranteed by our Bill of Rights.

The ASA should pronounce on whether this attempt to manufacture legitimacy and public support for the Secrecy Bill is acceptable in terms of the Advertising Code.

It is unacceptable for government to launch the campaign while Parliament is dealing with the bill and public submissions are being made and deliberated upon in good faith. The Minister and his Department cannot be allowed to undermine Parliament in this manner by selling the bill as if it is a done deal.

Statement issued by Lindiwe Mazibuko MP, DA Parliamentary Leader, April 2 2012

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