UNAPSI
aims to discourage misleading claims with Private Schools Advertising codes
Uganda National Association of
Private Schools and Institutions (UNAPSI) is a representative body of independent
private schools and educational institutions in Uganda. Private schools and educational
institutions are regulated by Ministry of Education and Sports (MOES) through the private
education department. UNAPSI' role among others includes the promotion,
protection, representation and development of professional conduct of members
and fostering ethical practice within the independent private education industry
in Uganda.
Private
schools need to be discouraged from using misleading advertising claims such as
“guaranteed success in life”. “Worldwide accepted qualification” is another
dubious statement that is outlawed under codes proposed by Uganda National
Association of Private Schools and Institutions (UNAPSI). The codes introduce clear
principles that schools have to stick to, and shows them how to properly
attribute sources for statistics or research findings.
While
many of the rules have been in use and implied for a while, they deserved to be
spelt out explicitly in this Way. The main aim is to ensure that students and
prospective students are given accurate information upon which they can make
informed decisions. For example, knowingly publishing false or misleading
adverts deserves punishment under Private Education laws. UNAPSI had noticed
complaints and inquiries about private schools, most of them about
unsubstantiated claims.
UNAPSI
has consulted private schools, institutions and the public on the draft code and
schools and students welcomed the move. Most schools are already complying with
their standards, but the code is still an improvement. Having a clear code of
conduct will enable consumers to make informed choices because far too often,
students are misled by hearsay or incomplete information being presented.
Quality is a key consideration in this decision-making process and it is not a
decision that should be easily swayed by promotional gimmicks. What is in an ad
should reflect what we can expect in a respective school and clear guidelines
are important.
Many
students form their first impression of the school based on the advertisements
and sometimes play a big role in their decision to join schools. Since they
rely a lot on the advertisements, they expect it to be reflecting the truth.
The private schools advertising code will provide him greater certainty about
the education students will be getting.
Advertisements
must stick to Truthful representation, Substantiation,
Integrity and responsibility, Fair competition, Observance of social values.
I.
INTRODUCTION
1.
Definition of ‘Advertisement’
Advertisement; includes any notice, circular, pamphlet, brochure, prospectus,
programme or other document, and any announcement, notification or intimation,
to the public or any section thereof or to any person or persons, made —
(a)
orally or in
writing;
(b)
by means of
any poster, placard, notice or other document affixed, posted or displayed on
any wall,
(c)
billboard or
hoarding or on any other object or thing;
(d)
by means of
sound broadcast, television, the Internet or other media; or
(e)
in any other form or manner whatsoever…”
The law requires specifications on the location or
sources of advertisements:
Advertisement; includes an advertisement that is made vailable —
(i)
in a
newspaper, magazine, journal or other periodical published or circulated in Uganda
or elsewhere;
(ii)
in a sound or
television broadcast transmitted for reception in Uganda or elsewhere; or
(iii)
by any other
means of broadcasting or communication for circulation or reception in Uganda
or elsewhere;
Therefore,
an advertisement may be broadly described as any form of commercial
communication a private school or institution uses to promote itself, its
courses, and its services to students or prospective students, regardless of
the medium and media used. This will include promotional claims made by the private
school or Institution at the point of recruitment or enrolment of students.
2.
The Intent and Scope of the
Advertising Code
The
Law requires the general disclosure requirements for Private Schools and institutions.
An Advertisement issued by a Private School or Institution will be considered
false or misleading if it
•
falsely
describes the Private Education Institution; or
•
contains
any false or misleading information about the Private Education Institution; or
•
contains any false or misleading
information about a course the Private Education Institution offers or
provides; or
•
does not contain the information in
accordance to the requirements prescribed by the MOES in the Private Education
Regulations.
To
assist Private Education Institutions to comply with the Law and Regulations,
the Advertising Code aims to clarify the legislative requirements which Private
Education Institutions have to adhere to, so as not to be found misleading in
their advertising and promotional activities.
This Code is applicable to all advertising efforts
by Private Education Institution registered with the Ministry of Education and
Sports (MOES) Private Education Department, whether the advertisements are
published in Uganda or elsewhere. For the avoidance of doubt, the Code also
applies to advertisements published by a Private Education Institution’
external recruitment agents for the purpose of recruiting students for the Private
Education Institution.
II.
GENERAL PRINCIPLES
1.
A registered Private Education Institutions
to conform to the prevailing standards of advertising and any relevant written
laws in Uganda. When advertising overseas, the Private Education Institution
also has to ensure that its advertisements comply with all the relevant rules
in those countries.
2.
The Advertising Code applies to all
types of advertisements issued by Private Education Institutions. The Code aims
to guide Private Education Institutions from misleading customers (specifically
existing and prospective students) with ambiguous words and graphics and is
drafted in line with the following principles:
a.
Truthful
representation: Advertisements must not contain false
or misleading claims about the following:
i.
the source or recognition of a course it
is providing;
ii.
the obligations of a student enrolling
in the course;
iii.
the research results or statistics
published, such that they appear to have scientific basis or government support
when that is not true.
b.
Substantiation:
The Private Education Institution must be able to provide documentary proof of
the claims it makes in the advertisements when asked to do so (whether by the Private
Education Department or students or members of the public). Minimally, the
source from which the findings or statistics are obtained must be mentioned. To
be credible, a Private Education Institution should also ensure that it quotes
only sources of information that are valid and reputable.
c.
Fair
competition: While comparative advertisements are
allowed, the contents must not discredit, denigrate, imitate, or exploit the
goodwill of competitors, whether local or foreign.
d.
Observance
of social values: Advertisements must not subvert Uganda’s
shared values or exploit conflicts relating to controversial national and
international issues. They should also not contain words or pictures that are
offensive to the standards of decency prevailing among existing and/or
prospective local and international students. For example, advertisements are
not to glorify a lifestyle that is promiscuous or is detrimental to family
values.
e.
Integrity
and responsibility: Advertisements must not exploit
prospective students’ lack of experience, expertise or knowledge. They must
also not attempt to strain the students’ sense of loyalty, nor play on their
fears or superstitions.
III. THE CODE
The
Advertising Code for Private Education Institutions covers nine key aspects of
a Private Education Institution’s advertisement, and complements the general
disclosure requirements specified in the Private Education legislations.
Instead of prescribing the format and content of advertisements, the Code
establishes ground rules to ensure that there is responsible advertising, and
that the contents are factually correct.
1.
Reference to Uganda and the Private for Private
Education
1.1
Usage of the term ‘Uganda’ and any
word that connotes national authority
A
Private Education Institution is prohibited from modifying its registered name
by adding the word “Uganda” to it. If it wishes to denote its location, the Private
Education Institution must state clearly that it is “located in Uganda”.
It cannot claim to be recognized by Uganda
government or any of its ministries or statutory boards unless it is able to
substantiate the claim with proper documentation from the relevant government
agency. It must also not attempt to pass off as the national authority for any
form of training or certification, or as the leading training organization for
any group of professionals, without authorization from the relevant authority.
For
example, sweeping statements like “EL Academy is the national training centre
for English teachers” or “EL Academy certifies English teachers in Uganda”
would be considered false and misleading, unless the Private Education
Institution is able to provide evidence to convince the authorities that it is
indeed so.
1.2
Relationship with the Private Education Department
A
registered Private Education Institution can only use the term “registered” to
describe its relationship with the Private Education Department in its
advertisements or promotional materials.
For clarity, usage of the following (but not limited
to) terms in place of the word ‘registered’ would be construed as misleading:
a.
Approved
b.
Accredited
c.
Endorsed
d.
Authorized, or
e.
Validated.
1.3
Usage of the MOES Logo
A
Private Education Institution is not allowed to use the MOES logo in its
advertisement without first obtaining written permission from the MOES.
As
a good practice, a Private Education Institution should avoid adopting the color
scheme or general design of the MOES logo, as that may create the impression
that it is related to the MOES.
2.
Information about the private
education institution
2.1
Registration and certification status
A registered Private Education
Institution is to include all the following in its advertisements:
a.
Its
registered name;
b.
Its
registration number; and
c.
The period of its registration (as
stated in its registration certificate).
If
the Private Education institution is specifically certified, it must also
adhere to the terms and conditions governing the publication of that
institution award status.
2.2
The Private
Education Institution’s Logo
While
UNAPSI does not specify the dimensions and format of a Private Education
Institution’s logo in its advertisements, as a good practice,
the Private Education Institution should ensure that its logo is:
a.
Clearly and prominently displayed, so
that prospective students would not mistake or confuse the Private Education Institution
with its partners;
b.
Not smaller than the logos of its
partners; and
c.
Not so similar to that of a renowned
local or foreign institution or organization that it misleads prospective
students into thinking that the Private Education institution is related to
that institution or organization when that is not the case.
2.3
The Private
Education Institution’s Achievements
As
the law requires, it is mandatory for a Private Education Institution to
provide truthful information about itself. As such, it has to be able to
substantiate any claim of achievements with relevant and valid documentation.
Unsubstantiated
statements may be construed as false and/or misleading if the Private Education
institution is unable to convince the MOES of the statements’ factual basis.
The following are some examples of unsubstantiated and misleading statements:
“Hi-Flyer
Institute always produces the top
students in higher levels examinations.”
“Hi-Flyer
Institute has the best performance
among all Private Education Institutions since its establishment.”
“Hi-Flyer
Institute has the most number of students
gaining entry into Uganda’s public universities.”
2.4
The Private
Education Institution’s Partners
A
Private Education Institution cannot make reference to, or use the names,
initials, logos and/or trademarks of another organization or institution,
unless it has valid, written permission from that organization or institution
to do so. It must also state clearly and accurately the type of relationship it
has with each of the organization or institution it chooses to highlight in its
advertisements. For example:
“ABC University, UK, is offering the following programmes through
XYZ Academy.”
“XYZ Academy is offering the following programmes awarded by ABC University,
UK.”
“XYZ Academy has an articulation arrangement with
ABC University, UK for students
graduating from its Diploma in Business course.”
When
it is not possible for a Private Education Institution to give full details of
its relationship with a partner in its advertisement due to space constraints,
the Private Education institution is to indicate a source, such as a link to
the relevant page on its website, where interested students or members of the
public can easily access and obtain truthful information. As a responsible
practice, the source should not be one where prospective students can only get
verbal, unrecorded information.
To
strengthen and maintain its credibility, a Private Education Institution should
only link up with institutions and/or accrediting agencies that are recognized
by the relevant authorities in their respective home
countries. A fit and proper Private Education Institution manager should ensure
that the Private Education institution is not associated with degree mills or
dubious organizations.
2.5
Photographs or pictures of Private Education Institution’s premises and facilities
The law requires the Private Education Institution
to show accurate pictures of its premises and facilities. This means that the
images used have to be up to date, as old or modified photographs will not
accurately depict the Private Education Institution.
The Private Education Institution must
also not show pictures of other institutions, either local or foreign, that
would cause prospective students to assume that it has (additional) premises in
Uganda and elsewhere, if it is not true.
In addition, if the Private Education institution
is occupying a unit within a commercial building, it must not represent its
school using the building’s photograph.
2.6
Photographs or pictures of students
As a good practice, a Private Education Institution
should avoid using the photographs of its existing or former students unless it
has obtained written permission from those students and/or their parents (where
applicable).
3.
Use of Information from external sources
3.1
Statistics and Survey Results
The MOES may ask a Private Education Institution
to substantiate its claims and the sources of its published information. Where
the data is gathered or derived by the Private Education Institution, it may be
required to demonstrate the collection method(s) and calculation(s).
It is
thus useful for the Private Education Institution to clearly specify the source
of any statistics, survey or research findings referred to in its
advertisement. For example:
“XYZ
University is ranked Top 10 among National Universities” – ABC News Best Colleges 2010 ranking”
“100%
students obtained at least 5 passes at UCE levels
The
Private Education Institution manager should also exercise due diligence to
ensure that only information from reputable sources are used.
3.2
Testimonials
The Private Education Institution must
not publish any fictitious or false testimonials. As a good practice, any
testimonial from existing or former students and/or students’ parents should be
accompanied by the name of the student/parent, description of how the
individual is related to the Private Education Institution, and the year (if
not exact date) the testimonial was given.
To
ascertain the truthfulness of the advertisement, the UNAPSI may ask the Private
Education Institution to provide the contacts of such students or parents for
verification. The Private Education Institution may also be asked to
substantiate that those testimonials reflect the typical experience of its
students/parents.
3.3
Endorsements
A
Private Education Institution’s advertisements will be considered false and
misleading if it gives the impression that the Private Education Institution
has the support or endorsement of a public figure (i.e. politicians,
celebrities, etc.) when it does not.
4.
Information on course fees and other monies payable
to the Private
Education Institution
A
Private Education Institution must ensure that it clearly specifies the
following information on course fees:
a.
the course to which the fees relate,
including whether the fees are for part-time or full-time versions of the
course;
b.
Whether the fees cover the course in its
entirety, e.g., examination fees, cost of lecture notes, laboratory usage fees,
etc. Otherwise the costs of the additional components must be stated;
c.
the
validity period of the fees quoted;
d.
the terms and conditions to which the
published fees apply; for example, whether the fees quoted are only applicable
to a student who has also signed up for another course or service provided by
the Private Education Institution;
e.
conditions
and quantum of any discount offered, if applicable;
f.
the currency in which the fees are
quoted;
g.
the applicable Goods and Services tax
(“GST”), if applicable; and
h.
Whether any specific payment mode is
required.
The
Private Education Institution needs to provide a prominently displayed link to
the specific page on its website6 explaining the above information,
if it is not feasible to do so in the advertisement due to space constraints.
5.
Use of Superlatives and Exaggerated
Claims
The
following claims may be construed as false and/or misleading unless the Private
Education Institution can provide credible supporting documentation to convince
the authorities of the claims’ accuracy:
a.
“Worldwide accepted qualification”
b.
“Highly demanded graduates”
c.
“World’s best lecturers”
d.
“Best facilities in Uganda”
e.
“Guaranteed success in life”
f.
“Other Private Education Institutions
cannot compare”
g.
“The number one provider in preparatory
courses”
h.
“100%
student satisfaction”
i.
“Highest
graduation rates in the whole of Uganda”
j.
“Most
demanded course in Uganda”
(Note: The above list is not
exhaustive.)
6.
Promises and Guarantees
A
Private Education Institution must disclose the validity period and the terms
and conditions associated to any promises or guarantees it extends to students.
Any limitation to such promises or guarantees must also be spelt out clearly.
Non-disclosure of pertinent information can be construed as intention to
mislead.
6.1
Offer of “free” item or service
The
word ‘free’ must not be used for an item or service which payment is only
deferred.
To
avoid future disputes, whenever an item or service is described as ‘free’, the Private
Education Institution should endeavor to specify clearly, in a font and color
not unlike the general contents of the advertisement, the period during which
the ‘free’ promotion is applicable, any condition that must be met before the
student or prospective student can enjoy the ‘free’ item or service, and any
incidental costs involved.
6.2
Entry to local public schools
While
a Private Education Institution may prepare students for the entrance or
qualifying examinations, no Private Education Institution can guarantee entry
into Uganda’s public institutions or autonomous universities. Private Education
Institutions are strongly encouraged to make clear to students that entry into
those institutions is subject to them meeting those institutions’ entry
requirements.
6.3
Employment opportunities
As
part of its student support services, a Private Education Institution may
provide career guidance or mentor its graduating students in their submission
of resumes to prospective employers. However, the Private Education Institution
is not to provide, or advertise that it can provide, any employment
opportunities or job placement services for a fee.
The
Private Education Institution must also not attempt to entice prospective students with promises of salaries
or allowances for trainees on work attachment. For courses with a work
attachment component, the Private Education Institution is required to clearly
state that job attachment for international students is not guaranteed and will
be subject to approval of relevant passes by the Ministry of Labour.
6.4
Recognition of qualifications
awarded
A
Private Education Institution cannot make the general claim that the
qualification it awards (in its own name) will be recognized by employers
and/or any local or foreign education institutions or associations. It must
specify the employer or institution that accords such recognition to its
awards, and any related terms and conditions imposed for that recognition.
For example, if a Private Education
Institution claims that graduates from Foreign International University’s
Bachelor of Psychology will be recognized by the Foreign National Psychology
Association, it must specify clearly whether that recognition is only
restricted to graduates from that Foreign International University’s home
campus (or will also be extended to graduates from the external degree programme).
6.5
Scholarships and grants
To
enable students to make informed choices and to prevent future disputes, the
eligibility requirements for scholarships and grants, as well as the conditions
for accepting such financial plans from the Private Education Institution,
should be specified clearly. The Private Education Institution should also
state the penalties, if any, of any breach in the conditions for acceptance of
those plans.
In addition, the Private Education Institution should
also make clear to the student the currency and amount of the respective
scholarship or grant prior to him/her accepting that scholarship or grant.
As a good practice, a Private Education Institution should
specify the terms and conditions or the eligibility requirements for a
prospective student to receive any gift or privilege. It should avoid using
“bait and switch” advertising.
If,
for example, a Private Education Institution states that the first 100 students
are entitled to a free computer each, the authorities may require it to provide
the names and personal details of the 100 students who had received the free
computers, in order to ascertain the truthfulness of the Private Education
Institution’s claims.
6.7
Student Passes
A Private Education Institution which is institution-certified
may assist students to apply for student’s passes issued by the Immigration and
Checkpoint Authority. However, it must communicate clearly to students that it
can only provide assistance to submit the applications and that the granting of
student’s passes is subject to Immigration Authority’s approval. The Private
Education Institution is also required under the terms and conditions for the
institution, to disclose any administrative fees it levies for providing this
service in addition to the application fees charged by Immigration authority.
6.8
Deferment of National Service (for male local
students only)
A
Private Education Institution must state clearly that it can only provide
assistance to apply for deferment of National Service, and such application is
subject to approval by the Ministry of Defence. No Private Education
Institution can guarantee deferment.
6.9
Hostel services
A
Private Education Institution that offers hostel services must ensure that the
details of the hostel are de-linked from advertisements about its course
offerings. If the rental of the hostel is a pre-requisite for enrolment at the Private
Education Institution, this information must be made clear to all prospective
students prior to them signing the Student Contract with the Private Education
Institution.
7.
Use of Disclaimers
The
Private Education Institution is to ensure that disclaimers are legible and can
be easily understood by the target audience of its advertisements. Where a Private
Education Institution reserves the right to withhold items a student has paid
for, or defer the commencement of any class under certain circumstances, it
must specify those circumstances under which such withholding or deferment
would occur clearly.
8.
Information on Courses
The
code requires that any advertisement relating to a course must include the
title of the course, the name of the course developer, the organization
conferring the qualification, and the country of origin of the course
developer.
8.1
Title of Course
The
published title of a course must be the same as that permitted by the MOES.
This will also include the qualification level of the course, such as
certificate, diploma, graduate diploma, etc.
8.2
Course Developer or Qualification
Awarding Body
If
the name of the course developer or qualification awarding body is too lengthy
to fit into a limit advertising space, the Private Education Institution is
advised to consult the MOES on suitable abbreviations to use for the purpose of
advertising before doing so. To avoid ambiguity, especially in instances where
the abbreviations are similar to other organizations’, the country of origin of
the course developer or qualification awarding body must be specified.
8.3
Course Details
A
Private Education Institution is required to clearly state the following when
advertising a course it offers, or intends to offer:
a)whether
the course is offered on a part-time and/or full-time basis;
b)
the
total duration of the course;
c)the duration of
each lesson;
d) the
maximum allowed period for a student to complete the course, and whether a
student who fails to complete the course within the maximum allowed period will
be entitled to any recourse or refund;
e)the
entry requirements of the course;
f) the
delivery mode of the course;
g) the
minimum number of students that is required before a class commences, the
backup plan (in the event the class cannot commence due to low take up rate),
and the waiting period (from the time a student signs up until the time a
decision is made by the Private Education Institution whether or not the class
will commence); and
h) The
different types of fees payable by a student wishing to enroll in the course,
and whether the registration/application fees will be refunded fully if the
class does not commence.
8.4
Teachers
A Private Education Institution may
specify that the course would be taught by lecturers from the home campus of
the university if it is indeed so. When providing the profiles of its teachers,
the Private Education Institution may use academic titles, i.e., “Dr” or
“Professor”, to address them only if they are qualified and/or have received
the relevant authorization to hold those titles.
8.5
Examinations and Assessments
A
Private Education Institution is not to claim that passing its examinations or
assessments will enable a student to become “certified’ as a professional in
any field unless it has been duly authorized by the relevant authority
overseeing that specific industry to provide such courses.
8.6
Articulation Pathways
A
Private Education Institution must state clearly the specific articulation
pathway for each course, including the names of the universities the course
articulates into, and whether those universities’ programmes will be conducted
by the Private Education Institution (as external degree programmes) in Uganda,
or will the students need to enroll at the universities’ home campuses if they
proceed on the articulation pathway.
9.
Language
As a good practice, a Private Education Institution’s
advertisements, especially those meant for younger or non-English speaking
students, should be worded in simple (English) language so that it is easily
comprehensible. It should not confuse the students with high sounding words,
exaggerated descriptions, and scientific jargons.
IV. PENALTIES AND
ENFORCEMENT ACTIONS
UNAPSI urges all Private Education
Institution managers to exercise caution and make it a point to check the draft
design and text of an advertisement before giving approval for the
advertisement to be issued.
Issuing false or misleading
advertisements may lead to serious consequences for the Private Education
Institution and/or its managers. For example (but not limited to):
a.
Any person found knowingly or recklessly
issuing or publishing, or causing to issue or publish, any false or misleading
advertisement about a Private Education Institution shall be guilty of an
offence. If convicted, this person will be liable to a financial fine, or to
imprisonment, or both;
b.
The MOES may direct any person who has
been found guilty of issuing any false or misleading advertisement to withdraw
or amend the advertisement accordingly. A person who fails to comply with such
directions from the MOES shall, on conviction, be liable to a fine of up to a
financial fine, or to imprisonments, or to both; and
c.
Any person convicted of using the MOES’
logo in order to deceive or cause confusion shall be liable to a monetary fine,
or to imprisonment, or to both.
Email: unapsi@yahoo.com , unapsidept@gmail.com
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