MEDIA RELEASE FROM THE WOMEN’S LEGAL CENTRE

6 April 2004

Banning of Marie Stopes abortion ads targeted at ASA appeal

The Advertising Standards Authority (ASA) will hear the final appeal in the complaint by The Africa Christian Action Group (Action Group) against advertisements placed by Marie Stopes South Africa on Wednesday 7 April 2004 at the ASA’s Johannesburg offices.

On two previous occasions the ASA has dismissed the Action Group’s complaints against the Marie Stopes advertisements wherein the organisation advertises ‘safe’ and ‘pain-free’ abortions.

The Action Group argues that the advertisements are misleading, and contain material that can cause serious or widespread offence, and are therefore in contravention of the ASA’s Procedural Guide.

Nikki Naylor, an attorney at the Women’s Legal Centre, and who represents Marie Stopes, argues strenuously to the contrary.

"The words used need to be contextualised within the frame-work of the constitutional right to reproductive autonomy, the Consent to Termination of Pregnancy Act, freedom of expression and the need to differentiate between 'safe' and 'unsafe' abortions. This is especially important in the context of the potentially life-threatening nature of back-street abortions."

"The African Christian Action Group seems to be attacking abortion directly and there appears to be an attempt to to undermine government's decision to legalise abortion."

Naylor warns that the implications for public health are very serious should the advertisements be banned. "Many women in South Africa are still unaware that abortion has been legalised and have no idea where to access safe abortions.  There is therefore a real need for advertising in this regard in order to guard against women accessing back-street abortions.  Advertising safe abortion is an integral part of the constitutional right every woman has to reproductive autonomy, since the right becomes meaningless if women in South Africa have no knowledge of the fact that abortion can be accessed safely and legally."

The Freedom of Expression Institute (fxi) has endorsed the submissions of the Women's Legal Centre and will also be present in order to argue against the Action Group in the Appeal.

Ends

 

Note to journalists: if you would like a copy of the Women’s Legal Centre’s Heads of Argument, please call Dani Cohen on 082 897 0443

Prepared by:          Beachhead Media and Investor Relations
                           Dani Cohen 021-487 9000/ 082-897 0443 / dani@bmsa.co.za

On behalf of:         The Women’s Legal Centre

Contact:                Nikki Naylor
                            Attorney, Women’s Legal Centre
                            021-424 0870/082-774 9974

                            Simon Kimane
                            The Freedom of Expression Institute (fxi)
                            011-403 8403/4

Website:                www.wlce.org.za