Organised media are relieved that they have been exempted from the blanket ban on the usage of words and phrases related to the 2010 World Cup, but organised black business is fuming over what it sees as an imposition of standards not suitable to a ”Third World” country.
World Cup spokesperson Tumi Makgabo told the Mail & Guardian the perception in the media that they were banned from using certain phrases was based on a misunderstanding.
Last week, the South African National Editors’ Forum (Sanef) objected to Fifa’s application to have 2010-related phrases and words registered under the Merchandise Marks Act, saying it amounted to an interference with the constitutional freedom of the media.
”There is no way that the media can be told not to use the phrases, words and images for editorial purposes. It becomes a problem only when people use them for advertising purposes,” said Makgabo.
Sanef media freedom committee chairperson Raymond Louw was singing a different tune this week, delighted that Fifa offered a blanket exemption to all the media. ”We are not against the prohibition on companies or individuals using the logos and emblems for advertising purposes without Fifa’s authority,” said Louw.
Fifa submitted an application in July to the Department of Trade and Industry under the Merchandise Marks Act to prohibit unauthorised use of language that describes the Fifa 2010 Football World Cup in various ways and the emblems or logos relating to the games on merchandise.
This means that no company or person without a product licence acquired from Fifa can advertise or promote and sell their products during the 2010 Fifa World Cup.
”If companies or individuals want to benefit from the World Cup by becoming service providers, they should follow the right procedures and get a Fifa product licence,” said Makgabo.
The proposed trademark list that Fifa submitted to the department includes 2010, Fifa, World Cup, South Africa, South Africa 2010, Twenty-Ten, drawings of the Fifa World Cup, World Cup 2010, RSA 2010, Football World Cup, Fifa World Cup, SA 2010, 2010 Fifa World Cup, Africa 2010, Soccer World Cup, World Cup, South Africa World Cup, Win in Africa, Football for a Better World and all the names of the venue cities combined with the figure 2010.
If the Merchandise Marks Act is amended as Fifa wishes, small business and street traders hoping to cash in on the World Cup will be severely affected because some might be unaware of the Act.
The National African Federated Chamber of Commerce and Industry (Nafcoc) raised concerns about the World Cup not benefiting small businesses as promised.
Nafcoc’s national office general manager, Vukile Nkabinde, told the M&G that ”the World Cup is more about making promises than delivering. The World Cup should not benefit the few, but [also] many of our small businesses. Restricting the use of the words ‘South Africa’ and ‘2010’ as stand-alone phrases is not right. This is not Germany or Europe, but a Third World country in Africa, a developmental second economy.”
He gave an example of a small enterprise in Cape Town, the main business of which is to print T-shirts with the words South Africa and the year in which they are printed. This would mean that the company will be out of business for the whole of 2010.
The local organising committee insists it is protecting its commercial interests. ”We are aware of the impact these laws might have on some small businesses, but we try to engage with them and make them aware of these laws,” said Makgabo.
She said: ”Fifa is only protecting its commercial rights. Sponsors pay a lot of money to become part of the event, therefore their rights have to be protected as well. It is a criminal offence to use the words and logo which are registered under the Merchandise Marks Act without the approval of Fifa.”