Countries of Operation
The activities of the Company will be confined to the promotion of its main object within the following countries: - Angola, Botswana, Lesotho, Kenya, Malawi, Mauritius, Mozambique, Namibia, Nigeria, Seychelles, Swaziland, South Africa, Tanzania, Uganda, Zambia and Zimbabwe, or such other countries as the board may decide from time to time.
Availability of Information
Use of A B C Figures
Subject to the embargo in clause 6.12.4 any member may, in their marketing material, quote circulation or distribution figures provided that:-
Where unaudited figures are being quoted, it must clearly indicate that such figures are unaudited, and in addition must quote the most recent reported figures;
Where audited or certified figures are being quoted, these must include the most recent figures; and clearly separate paid and free circulation.
Caution is urged in order not to bring the Company into disrepute.
A new title awaiting full membership may quote unaudited figures without reference to the ABC until the audit certificates are supplied and full membership is granted.
Copyright of Material
All Members acknowledge and agree that the Company owns all material existing in the Circulation
Summaries, Consolidated Report and any other material it publishes. The Company strictly reserves all rights allowed by law.
The copyright of the Audited Certificates, submitted by Members, vests jointly with the Member concerned and the Company.
The original is to be held by the Company and kept in a fireproof safe. Should any dispute arise this original copy will be deemed to be the valid and correct copy.
Dispute Resolution Committee
The Board will convene a Dispute Resolution Committee as and when required for the purpose of clause 7.6.11 . This committee must represent the Bipartite Grouping and comprise Board Members of the Company, and a quorum shall be of one from each of the Bipartite Grouping, together with the General Manager and such other Member of the secretariat that shall be nominated.
If a unanimous decision is not reached, the matter will be referred to a specially convened Board Meeting.
In the event of a conflict of interest in a dispute, the relevant body would have to nominate another Member to represent it, at the dispute resolution committee.
Print Orders
The numbers printed, for each issue, including overruns, must be kept by the Proprietor Member, supported either by printers’ invoices or internal works orders.
6.4A Sales of a publication must be split between domestic sales, sales to other SADC countries, and foreign sales. Domestic sales refer to the sales within the country of publication (Refer clauses 3.28, 3.34, 3.65).
Third Party Bulk Sales
6.5.1 Usually distributed free of charge to the final recipient, or sold with the prior knowledge that they are not for resale to the final recipient.
6.5.2 The sale must be ‘bona fide’ or arms length, whether sold by the publisher, or through other third channels.
6.5.3 No returns are accounted for.
6.5.4 Sales in bulk to hotels, airlines, car rentals, garages, hospitals, nursing homes, restaurants and similar organizations, not falling within the definition of other subscriptions.
6.5.5 Includes Barter Deals (refer clause 3.10), which will only be allowed if one of the following conditions is applicable for each deal:
- The Goods/Services agreement and Publication purchase agreement are separately specified; or
- The Goods/ Services agreement includes specific details regarding the quantity and purchase price of the publication: or
- The purchase price is a separate itemized line item within the contract specifying the quantity and purchase price of the publication.
In addition to one of the above conditions being applicable, both parties must invoice the deal.
6.5.6 Third Party Bulk Sales are subject to limitations – Refer clauses 8.2.1 and 8.3.3
Print Media in Education
Educational institutions (registered with the Department of Education) must submit written requests and undertake to use the publication for educational purposes only (Refer Appendix G).
Only recent copies may be delivered to educators / educational institutions i.e.
Daily newspapers delivered within 1 week and only 1 issue per day may be delivered.
Weekly and weekend newspapers within 1 issue period.
Magazines within 1 issue period.
6.6.3 Proof of delivery must be obtained (refer Appendix H).
6.6.4 A standard request form, renewable annually, must be received (refer Appendix G), and must be retained for a 2 year period. The number of copies may nor exceed the number of learners per grade or subject.
Payment must be received either directly from the institution, or if sponsored, directly from the sponsor, including a consent from the sponsor.
Deliveries must correspond with educational time-tables.
Digital Edition
Circulation must be recorded and reported separately. (Refer clause REF _Ref120529578 \r \h \* MERGEFORMAT 3.27)
Estimates
It is accepted that in compiling the information for inclusion in the certificate, a reasonable estimate of circulation, including returns, may be made for the last issues, provided the difference between the estimate and the actual circulation is adjusted in the first month of the following period. The estimate may not be more than the average of the other months in the circulation period. Exclusions from Paid Circulation
Voucher copies (Refer clause REF _Ref110748381 \r \h \* MERGEFORMAT 3.74).
Copies returned, unsold, undelivered, or not distributed. (Refer clause REF _Ref111350567 \r \h \* MERGEFORMAT 3.64).
Copies sold at less than 50% of the registered cover price.
Where subscriptions are unpaid for more than 3 (three) consecutive months.
Back Issues (Refer clause 3.8a & 6.18)
Any transaction between a member and an Associated Entity, provided that this exclusion shall not apply to copies of publications that ultimately qualify in accordance with these rules as paid circulation to third parties that are not Associated Entities (refer clause 3.4A) (effective 1 April 2008).
Restatement
Should a Member become aware that previously reported figures are materially incorrect the Company must be advised within 5 (five) working days of its becoming aware of the event, together with an explanation of the discrepancy. A Notice will accordingly advise all Members that restated figures will be issued.
Within 15 (fifteen), or fewer, days of the discovery of incorrect figures the Proprietor Member must supply a revised audited certificate. The revised certificate will be sent to all Members, together with an updated summary.
Notices
Members will be advised on any matters the board may decide by means of a notice. (Refer Definition clause REF _Ref110744118 \r \h \* MERGEFORMAT 3.57)
Circulation Reporting Periods
Proprietor Members must submit a certificate and comments, if any, for the reporting cycle chosen or assigned to its category, as indicated below.
Quarterly
All publications that publish with a frequency of eleven, or more times per year, shall be required to submit quarterly figures, i.e. at the end of March, June, September and December, every year. The March and September figures will be published as certified by a senior officer of the Member and will be audited with the June and December figures.
Should the audited figures differ materially (refer clause REF _Ref112727772 \r \h \* MERGEFORMAT 3.50) from the certified certificate submitted, the figures will be restated, a notice issued to Members and for the following 2 (two) quarters, which would have been certified submissions, audited certificates will be required.
Six-Monthly
All publications published between six and ten times per annum will report on a six-monthly basis, i.e. at the end of June and at the end of December every year.
Annual
Media who publish five or less times a year, will report either for the twelve months ended June, or for the twelve months ended December.
Submission of Circulation Data
Submission of circulation data must be done via the ABC website www.abc.org.za on the prescribed input form.
Timelines
From the end of the reporting period, there will be an embargo on any figures being used or publicised in any way until the release by the Board.
The following timelines are applicable:
20 (twenty) working days after the end of the circulation-reporting period — submission of data to the Company.
21 (twenty-one) working days after the end of the circulation-reporting period – where applicable, proprietors will be advised of non-submission of data.
22 (twenty-two) working days after the end of the circulation-reporting period — all data must have been submitted.
24 (twenty four) working days after the end of the circulation reporting period, the signed certificates and auditors reports (where applicable) must be received by the ABC.
The validation process takes place from the time the reporting period is open for capturing and submission of input data. The validation process entails the ABC personnel reviewing the input form submitted for processing.
Within 30 (thirty) working days after the end of the circulation-reporting period — release of the figures.
If the circulation data or the signed certificates and auditors reports (where applicable) are not submitted by the deadlines indicated above, membership in respect of that particular title/s will be suspended (refer clause REF _Ref112727956 \r \h \* MERGEFORMAT 4.10).
Validation
Should the General Manager, as a result of the validation process, not be satisfied with the correctness of the information on the certificate, and if satisfactory explanations are not forthcoming from the member within 5 (five) working days after direct representation to him, he will refer the matter to a subcommittee of the board. Should the subcommittee determine that the certificate should not be published, the member will face disciplinary action (refer clause 4.10).
Identity of an Issue
An issue of a registered title shall:
Carry the date of issue.
Comprise the main body of the publication.
The name of the publication shall be the predominant title used on the masthead, or a direct translation, and which clearly identifies the publication, and shall be the same for all editions, provided that it can be further identified, for example, as a late edition, or a regional edition.
Where one title is a direct translation of another, in order to qualify for a single circulation certificate, the issue date of all titles must be the same.
The cover price(s) must be registered with the Company.
An issue may have various cover prices per edition, but it must be the same on all publication days,
The All Advertising Rule shall apply (Refer clause REF _Ref110747975 \r \h \* MERGEFORMAT 3.3).
If all these criteria are not met, the titles must be considered different issues and separate certificates must be submitted.
Bundling of titles
Where a publisher promotes or markets two or more titles together, the following circumstances apply:
Where the selling price is 50% or more of the combined cover prices of all the bundles titles, this will be allowed as paid circulation for each title.
Where a publication is bundled together with another as a free issue, this will be allowed as free circulation.
Auditors
An audit report, signed by auditors engaged by the proprietor, for the purpose of auditing the certificates, must form part of the certificates, for the June and December figures (refer clause 6.12.1). No qualified audit reports will be accepted. The auditor must be registered with the Independent Regulatory Board of Auditors (registration number to be specified).
Bad Debts
For the definition refer clause REF _Ref111350388 \r \h \* MERGEFORMAT 3.9
A record of bad debts, including the number of copies represented, must be kept. Such bad debts, which have been previously claimed as circulation, may not represent more than 2½ % (two and a half percent) of total paid circulation for the latest period.
Financial Records
The accounting records kept by the proprietor will include books of account to record all the information required in terms of these Rules. These records include reconciliations between the numbers sold and the equivalent sales value.
Changes to member’s details in the website
All changes to a member’s details or their personnel must be submitted on the prescribed ABC Questionnaire and Contact Form, as soon as the change is made.
Back Issues
Back issues may be included in circulation provided:
- They conform to the requirements for normal circulation;
- They are distributed within the next issue period relevant to the frequency of the publication, i.e.
- Weekly publications – within the next week,
- Weekend publications – within the next week,
- Fortnightly publications – within the next fortnight,
- Monthly publications – within the next month,
- Alternate monthly publications – within the next two month period,
- Quarterly publications – within the next three month period;
- Other publications – with the next issue period;
- Back issues do not apply to daily or bi-weekly publications;
- Back issues must be disclosed separately.
vailable in Appendix F.
