Post NO bills: Why illegal billboards are being shutdown in Joburg

Who knew that Joburg was so rife with illegal billboards? Littered all along major travel routes in and around the city, many of these high-impact signs are, in fact, illegal. This week, city officials took action in a major enforcement operation, removing half-a-dozen illegal billboards, both static and digital.

One of the key issues around these illegal billboards is high-powered digital structures drawing large amounts of electricity unlawfully from the city’s network. Anyone who has driven through the city at night will vouch for how incredibly bright these digital signs can be.

JOBURG’S ILLEGAL BILLBOARDS

City of Johannesburg authorities said they focused their efforts on Winnie Mandela Drive and the N1 corridor. “Many were found to use non-compliant electricity meters. Therefore, these connections place the city’s electrical infrastructure at risk. They endanger the safety of surrounding communities, and constitute electricity theft,” said the city.

Moreover, the operation identified other serious contraventions. Including illegal billboards on unregistered advertising structures. In turn, the city reiterated that all advertisers must comply with municipal requirements. However, this is where it gets tricky, because many of the advertisers displayed contract third-party suppliers for the space.

MILLIONS IN REVENUE POTENTIALLY LOST

CEO of the Johannesburg Property Company (JPC) Musah Makhunga says it is part of a much bigger crackdown on illegal billboards. He says there is a ‘growing prominence of illegal outdoor advertising across the city.’ The assertion was seconded by Joburg Executive Mayor Dada Morero, saying these non-compliant structures compromise public infrastructure.

However, when advertisers contract a third-party billboard company to display their campaigns, they can reasonably expect those placements to be legally compliant. So, if those billboards are subsequently deemed illegal and removed by authorities, the advertiser, quite rightly, has legal recourse.

ILLEGAL BILLBOARDS HARM BRAND REPUTATION

By all accounts, illegal billboards should constitute a breach of contract between the advertiser and vendor. In turn, this entitles the advertiser to remedies such as refunds for the unused portion of their campaign. Or compensation for a lack of promised impressions/visibility. However, in the aftermath, of greater concern concern is perceived harm to brand reputation.

Likewise, advertisers may also have claims based on fraud or misrepresentation from the billboard companies. Especially if the third-party vendor knowingly placed advertisements on illegal billboards or non-compliant structures while actively concealing the deceit. In such cases, advertisers could be due ‘consequential damages,’ say experts.

THIS IS ONLY THE BEGINNING

Makhunga added that the months-long operation will continue until all outdoor advertisers are compliant. “The City of Joburg is sending a clear message. All unauthorised structures that bypass engineering safety and steal from municipal revenue will not be tolerated,” he concluded.

But what do you think? Have you driven past these illegal billboards? And what do you think the advertisers appearing on these billboards should do? Let us know in the comment section below …