The company OUTsurance has received an order to cease broadcasting its radio advertisements in Cape Town. These commercials claimed that the company's traffic control staff help drivers reach their destination faster and safer and reduce road congestion, even though the service in the city was discontinued nine years ago.
The Advertising Regulatory Council ruled that the advertisement could mislead listeners regarding OUTsurance's continued use of traffic controllers in the metropolitan city.
The decision, made at the beginning of this month, requires OUTsurance to remove the advertisement from CapeTalk and any other radio stations whose primary audience is located in Cape Town.
In its ruling, the council noted: 'Language that invites listeners to feel personal assistance from traffic controllers, without any geographical clarification, can create the impression in the mind of an average listener in the Cape Town metropolis that the service applies to their personal experience of traffic jams.'
Furthermore, the council found that the advertiser should have reasonably foreseen that broadcasting the advertisement in the geographical context of the Cape Town metropolis, which is the main audience of the radio station, would result in actual misrepresentation.
The council acknowledges that it is not expected to list all serviced municipalities in a 30-second ad or live reading, but this does not exempt the advertiser from the need to state that the service does not extend to the metropolis from which the main broadcast audience originates.
OUTsurance refers to its employees as pointsmen and stated in 2023 that they are deployed daily at busy intersections to direct vehicles and go to areas where traffic lights are off during power outages (load shedding).
The insurer reported at that time that its traffic controllers worked in the centre of Cape Town from 2011 to 2017. However, OUTsurance informed the council that its traffic controllers currently only work in Paarl and Stellenbosch in the Western Cape.
The commercials, which were broadcast in 30-second spots and as live readings by CapeTalk hosts, told listeners that the traffic controllers have eased the traffic situation for 20 years. One set of ads listed problems drivers worry about in traffic jams, such as whether they turned off the iron, and stated that thanks to the traffic controllers on the route, traffic jams have become one of the least worrying problems.
Another set of ads presented a long list of excuses for being late and told listeners that they no longer needed excuses because traffic controllers were on the roads.
A listener who complained to the council stated that the advertisement played several times a day, and that the traffic controllers had not been entitled to work in Cape Town for more than 10 years. He also mentioned that he tried to resolve this issue with CapeTalk management but received no response.
OUTsurance argued that the advertisement never claimed that traffic controllers worked in Cape Town, and that the mention of 20 years referred only to the program's existence. The insurer also insisted that a reasonable listener would not believe that traffic controllers work everywhere CapeTalk might be heard, and asked the council to dismiss the complaint. The council rejected this argument and ordered the removal of the advertisement as soon as the station's schedule allowed.


