The Director

Mrs. Youshreen Choomka

Independent Broadcasting Authority
Dear Mrs Choomka
The Jupiter Drawing Room Ltd (legal name: Adage Ltd) has produced a radio spot for
its client, the Mauritius Vehicle Dealers Association (MVDA). The campaign started
on [15 July 2016]. It was launched in press, on digital platforms and specifically on
the radio on [19 July 2016].
On 19 July 2016, the Independent Broadcasting Authority (IBA) sent a letter signed
by Mr. K. Ramphul, its legal executive, to radio stations ordering them to stop the
broadcast of the radio spot with immediate effect invoking paragraphs 1.4(i) and
(iv) of the Code of Advertising Practice (the Code) issued pursuant to section 29(5)
of the Independent Broadcasting Authority Act.
In short, the IBA takes the view that the advertisement show[s] partiality in matters
of current public policy (in breach of paragraph 1.4(i) of the Code) and that it in
[some] way discredit[s] the State (in breach of paragraph 1.4 (iv) of the Code).
We have sought the views of our legal adviser, Me. Rishi Pursem, SC of Benoit
Chambers. He has expressed the opinion which I quote below:
In essence, the advertisement champions the cause of the MVDA that import taxes
on motor vehicles are exorbitant and that those taxes on cars with an engine
capacity of less than 1600 cc must be abolished. It also calls on the public to join
the MVDA in advocating level playing field ( pou ki tou dimun lor mme pied
dgalit ), admittedly between dealers of brand new and second hand vehicles
in light of the current spate of exchanges between them in the press.
Public policy is a legal concept which holds that no person can lawfully do that
which has a tendency to be injurious to the public or which is contrary to the public
good. We fail to see how advocating the abolition of import taxes on a class of
motor vehicles can be said to be injurious to the public or contrary to the public
good or have such an effect. If anything, the removal of the tax barrier is the best
interest of the consumer and consistent with the current governments policy of
alleviating the tax burden of the population.
Moreover, partiality implies an approach that favours one side in a dispute to the
detriment of another side. We again fail to see how the advertisement which
advocates a level playing field between the only two relevant categories of motor
vehicle dealers can be criticized on the ground that it shows partiality.
As for the complaint that the advertisement infringes paragraph 1.4 (iv) of the
Code, we have been unable to find anything in the advertisement that somehow
discredits the State.
As the producer of the radio spot, we write to take the strongest objection to the
decision of the IBA to ban the advertisement and reserve our right to seek redress.

We would appreciate in light of the seriousness of the matter that you come forward
and explain to us and to the population at large how this radio ad has infringed laws
of our country.
Yours sincerely
Aisha Allee
CEO