The advertising watchdog‚ the Advertising Regulatory Board, has ruled against the health department despite saying it is “keenly aware” it was an “innocent party” in using a photograph without the photographer’s permission. Nonkazimale Mbanjwa complained after the health department used one of her photographs on some of its billboards on the N1 and N3 without her permission. On the billboard is the photo of a woman and a baby with the claim: “Prevent 6 life-threatening diseases with one vaccine”. Mbanjwa’s legal representative TJ Moraka said the photograph was taken for a modelling assignment years ago. “The photographer has now sold her image to various organisations‚ including the advertiser. The use of her image in this advertisement is not with her consent.” The Advertising Regulatory Board tried to get a comment from the health department without success. The board said in its ruling this case was “complicated”. “The complainant (Mbanjwa) entered into a contract with a third pa...

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