Commercial Advertising and Consumer Rights in Kenyan Fm Radio Stations: an Analysis of Factuality and Truthfulness

Abstract

The study investigated the interaction between commercial advertising and consumer rights in FM radio stations in Kenya. The study was premised on the fact that commercial advertising is supposed to give truthful and factual information to enable consumers to make informed purchase decisions, but due to reliance on finances from advertising, FM stations do not always enforce consumer rights protection laws or regulations. The study examined the interaction between commercial advertising and consumer rights in FM radio stations; the application of the Code of Advertising Practice in commercial FM radio advertising; and consumer awareness of the commercial speech rights. The study was guided by Jürgen Habermas’ Public Sphere theory and the Liberal Theory of Free Markets. The study was conducted through mixed methods approach, where sampling involved a stratified random sampling of announcers, presenters, editors, managers and disc jockeys in 18 FM radio stations in Nairobi, and radio listeners in selected estates within Nairobi County. The study found out that FM radio stations rely almost entirely on advertising finances and advertisers influence editorial decisions on the broadcast of advertising content in those stations. The study further found out that there was very low application of the Code of Advertising Practice as well as consumer protection regulations in FM radio stations; consumers had low awareness of their right to truthful advertising information and were not aware of the organizations they could complain to in instances of false advertising. The study concluded that in FM radio stations, commercial interests were given preference at the expense consumer protection, demonstrating the need to enforce consumer protection laws and regulations in FM radio stations.