Posted by: Posterscope SA | July 27, 2009

2010 FIFA World Cup SA By Laws

The 2010 FIFA WORLD CUP hosted by SOUTH AFRICA will take place at various stadiums around South Africa from Friday the 11th of June until Sunday the 11th of July– this is referred to as the TERM in the by-laws that have been passed by the various Municipalities in South Africa so as to form part of their own Municipal Laws.

These by-laws are therefore an addition to the Municipalities existing by-laws relating to various areas including ADVERTISING.

Fortunately the by-laws are standardized and are almost identical in all the Municipalities (Cape Town has amended the by-law slightly and is in fact very easy to read and understand).

Although the by-laws do not expressly specify, the restrictions imposed upon advertising are not applicable to FIFA, its partners or sponsors (as has been confirmed by numerous Municipalities).

FIFA’s partners and sponsors are:

  • Adidas
  • Coca Cola
  • Emirates
  • Hyundai KIA Motors
  • Sony
  • Visa
  • Budweiser
  • Continental
  • McDonalds
  • MTN
  • Santam
  • FIFA.com
  • FNB
  • Telkom

Matches will be played at the following venues:

2010 World Cup Stadiums

Soccer City Johannesburg
Ellis Park Johannesburg
Moses Mabhida Stadium Durban
Free State Stadium Bloemfontein
Green Point Stadium Cape Town
Mbombela Stadium Nelspruit
Peter Mokaba Stadium Polokwane
Nelson Mandela Stadium Port Elizabeth
Loftus Versfeld Stadium Pretoria

Royal Bafokeng Stadium Rustenburg

FIFA Fan Parks will be hosted at the following venues :

JHB

–          Mary Fitzgerald

–          Innes-Free park

–          Walter Sisulu Square

CT

–          Bellville Velodrome

–          Grand Parade

Durban

–          Beach Front (close to Kings park Sporting precint)

PE

–          St Georges Park Stadium

Free State

–          Mangaung Outdoor Sports Centre

(This list is not exhaustive and additional venues will be announced).

THE LAW

Municipalities in the different regions have been given the responsibility of incorporating the FIFA by-laws as well as managing, administering, maintaining and implementing these by-laws.

Regrettably the by-laws affect ALL ADVERTISING quite radically during the TERM of the tournament and in some instances the TERM is extended by as much as two weeks before and after the competition.

The by-laws provide for a blanket prohibition against AMBUSH MARKETING.

Ambush Marketing has a very wide definition and includes almost any and every form of marketing or promotional activity including words, sound and any other form of public relations activity or material undertaken by a non-sponsor or partner of FIFA..

In short, any form of advertising directly or indirectly implying an association with the competition so as to capitalize/gain from such an association is an AMBUSH MARKETIGN CAMPAIGN provided the advertiser does NOT have a right /authorisation from the FIFA competition i.e. non sponsors and partners.

Any advertising by a non sponsor/partner of FIFA is prohibited (without prior written consent from the Municipality) on PUBLIC ADVERTISING MEDIA (any media leased/administered by or under the direct control of the municipality – i.e like many of the gantries on road reserves) during the term of the competition.

  • The prohibition is extended by one week prior to and following the final draw (the ceremony) and
  • two weeks prior to and following the term of the competition i.e. two weeks before the first match and two weeks after the final match.

SPECIFIC PUBLIC ADVERTISING MEDIA sites include:

  • the areas outside or surrounding airports (we can assume that this restriction would not include private airports unless demarcated by the Municipality),
  • main train stations,
  • areas within a 1km radius of the City Hall or CBD
  • as well as principal routes between the CBD, the  airports/train stations and the Stadiums.

The prohibition regarding the above mentioned areas are extended by two weeks prior to and following the final draw (the ceremony) and two weeks prior to and following the term of the competition i.e. two weeks before the first match and two weeks after the final match.

It would seem that special permission to advertise on PUBLIC ADVERTISING MEDIA within these areas will need to be obtained by non sponsors/partners from the Municipality prior to the tournament. To date no processes have been outlined in obtaining such approval nor have any guidelines been established – this is clearly an administrative flaw in the process.

There is also a general prohibition relating to any ambush marketing/ advertising within:

  • a CONTROLLED ACCESS SITE,  these will include the stadiums, official training sites, team hotels, FIFA fan parks and any other area designated or demarcate by the Municipality.

It is worrying to note that the Municipality has the power to demarcate PRIVATE PROPERTY within these controlled access sites.

  • a 1km radius of the venue for the final draw,  a stadium or any area demarcated by the Municipality and

  • Within a 100 meter radius of a FIFA Fan Park or as demarcated by the Municipality.
  • Clause 2.1.2.6 relates to a restriction of advertising ay ANY PLACE visible from principal public roads (as designated by the Municipality) by means of signage leading to the venue of the Final Draw or Stadium and within 2km of the perimeter of the FINAL DRAW venue or Stadium.

This clause is very ambiguous and will need to be clarified by the Municipalities.

Finally there is a prohibition on displaying a sign or billboard at a CONTOLLED ACCESS SITE or within an EXLUSION ZONE (which means the zone immediately outside the outer perimeter of the stadium which can include private property demarcated by the Municipality) without the prior written approval of the Municipality

Failure to obey the bylaws will result in a fine of up to R10 000 or a jail-term.

To date no official CONTROLLED ACCESS SITES or EXLUSION ZONES have been made public which begs the question as to how such a law can be regulated or enforced.

Comments :

IOL article

A wide-ranging 2010 Fifa-driven bylaw that relates to issues including advertising and street trading has been slammed by the City of Cape Town as “vague and embarrassing“.

Members of the city’s planning portfolio committee on Tuesday referred the bylaw back so that the constitutionality of the document could be verified.

The draft bylaw was proposed by Fifa to all nine host cities of the 2010 World Cup as part of its host city agreement.

World Cup director Teral Cullen said Cape Town had amended its bylaw slightly, but that all nine host cities were given the same bylaw.

The bylaw would control the risk of ambush marketing in designated event zones, control access to event zones, ensure the beautification of construction sites within the event zone and restrict graffiti…..

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Responses

  1. Our firm, Property Development Services, which is a town planning practice specialising in out of home media, was appointed in June to prepare the Cape Town 2010 Host City Decoration Plan. It was submitted to the city on 31 July. The plan is expansive and tabled formats never before seen in Cape Town. There is however also no guarantee they will be seen since the plan is now under scrutiny for final approval. Despite the legal limitations we are hoping that the majority of proposals will be supported which will see the first sites being rolled-out for the final draw in December.

    • Hi there

      Thanks so much for sending through this info. Please keep us updated about furture happenings and developments.

      Kind Regards
      Posterscope SA

  2. Hey there!
    I am a volunteer at a non profitable organisation called Heart. I am co-coordinating a project called Love=Football for the build up to the World Cup. I am seeking for permission to do graffiti and street chalking in Cape Town, Johannesburg and Durban. Anyone with information please contact me.

    Warm Regards

    Marisel

    • did you end up getting permission?

      i saw these chalk designs in cape town by the walk way by the sea while i was on holiday. i wondered who had done them. they were really groovy.

      although there was a puma type logo there which got me wondering.

      • Hi Melissa,

        Yes, these chalk drawings is part of PUMA’s LOVE=FOOTBALL campaign which encompasses everything from chalk drawings and stickers to websites, billboards and even TV ads (see link: http://www.youtube.com/watch?v=8jfkPTVgjig ) .

  3. We find graffiti offensive and downgrades areas unless they are especially allocated. This is an adament NO from us.

    • Hi there Katrine

      We also feel that graffiti which is done as vandalism is offensive. If we are ever to use graffiti in any of our campaigns they are done with a company who negotiates the rights to use a particular space. (It is never on a house or private property without consent).

      Thanks for your comment.

      Kind Regards
      Posterscope


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