Consumer protection pertaining to the display of prices on online mediums of advertising

Abstract

In today's age of digital marketing, online advertising media are used by suppliers as well as by individuals in their private capacity on a more regular basis than previously. Proper, appropriate and unique regulatory methods are indispensable for disputes arising out of electronic transactions, more specifically transactions which are formed and derived from online advertising media. The main issue is whether a consumer that has fallen prey to deceptive marketing as part of an electronic transaction on such an advertising platform is protected from discrepancies in the price quoted in the online advertisement. The common Law, the Consumer Protection Act 68 of 2008 and the Electronic Communications and Transaction Act 25 of 2002 attempt to achieve appropriate regulation of irregular promotional activities. This study entails an analysis of such regulatory methods, where it seems that online mediums of advertising media are not specifically regulated in South Africa. There is a definite need for certainty regarding advertising online, as there is clear noncompliance in South Africa. It would seem that the Consumer Protection Act comes the closest to resolving issues relating to electronic promotional irregularities, but there are certain ways in which a seller or advertiser can circumvent legislation to place the consumer in a position of vulnerability. Consequently, this study concluded that there is a further need for clarity regarding the existing legislation as well as a need for the promulgation of further legislation to regulate online advertising media and so to protect the consumer from the vulnerabilities he or she experiences at present.