illustration by mahrukh saleem ansari
Legal outdoor advertising of course takes place in both the public and private sectors, but the size of the public sector dwarfed the private sector. Office-bearers of both the KAA as well as the Outdoor Advertising Association (OOA) estimate the number of workers associated with the six branches of the trade — advertising, fabricating, flex-fitting, electrician, printing and procuring steel — to be between 150,000-200,000. In the words of OAA President Rahat Muhammad Ali, “About 90-95 percent of the sector has been wrecked.” In other words, this is that segment of the industry which was directly tied with the advertisement business that was taking place on public property.
KAA’s Zaidi explains that the majority of this labour is unskilled and illiterate, and does not have any other immediate ways of gainful employment. “We are talking 200,000 families here, not just individuals,” he says. “If you take away one person’s job, you are depriving five to seven members of their family. The total number of affected people should therefore be counted as over one million.”
Indeed, Al-Karam Square, the hub of all kinds of outdoor advertising needs in Karachi, now paints a sorry picture. Situated smack in the middle of a working class locality, vendors and the staff they hire come from around the area. Not too long ago, business was bustling with work coming in from the government, multinational giants, non-profit organisations and even political parties. Today much of the labour force has been laid off, some have already migrated to other parts of the country where outdoor advertising is still booming, while various vendors are selling off their machinery to recoup investments made.
Mohammad Naeem is one such vendor who was running a booming business in Al-Karam Square. “Has outdoor advertising stopped anywhere else in Pakistan?” he asks rhetorically. The answer is no but for this vendor, it has larger ramifications. “I needed money to pay off one of my employees who I had to let go as well as for some personal household expenses,” he narrates. “Last week, I sold off one of my machines to a vendor in Mianwali to meet these costs.”
This is a line of reasoning that echoes with DMC-East Chairman Anwar: “Most of the labour is moving to Punjab because there is an advertising boom in Lahore and other urban centres.” Other sources also list Sindh’s smaller urban centres such as Hyderabad and Larkana attracting the same labour. The inference is clear: why is Karachi being singled out?
Among the claims made by small and medium outdoor advertising vendors is that many of them have been priced out of the market because the kickbacks involved in the industry have suddenly increased.
But there is another element at play: alucobond is expensive and therefore only a few can afford it. The end-clients for these are largely multinationals and big corporations — those who can afford to pay inflated prices quoted by the advertiser. “It is business as usual for them,” claims Naeem, “but there is no business for the little guy.”
Meanwhile, other industry insiders smell a war of competing advertising interests. “Brands tend to divide their advertising budgets into print media, electronic media and outdoor advertising,” explains one advertiser. “So if there is a ban on one kind of advertisement, where is that money being diverted to? The other two heads, of course.”
Imran Khuwaja of the OAA is inclined to agree. “Newspapers and the electronic media have played a major role in knocking down the outdoor advertising industry,” he claims. “They all portrayed throughout that the business is illegal even though the sector is governed by separate laws.”
This conspiracy theory might have few takers outside the industry, however. And yet, the resounding resurgence of wall pastings has dented the argument that all outdoor advertisement has been taken down. It is only the unsafe ones that have been deemed dangerous to public interest.
ACCOUNTABILITY AND REGULATION
Although there is great internal politics in the sector over representation and vested interests, what even rivals agree on is the need for greater transparency and proper regulation in the sector.
“Things ought to be regulated, not banned outright,” asserts OOA President Rahat M Ali. In fact, both the OOA and KAA agree on the fact that advertisers’ positions were misrepresented in court and the tribunal was misled.
“It all started in December, 2012 when an advertiser named Munawwar Younas moved the Sindh High Court against inflated taxes levied by the Cantonment Board Karachi (CBK),” explains Khuwaja. The high court ruled in favour of the advertiser but the CBK headed to the Supreme Court for relief. The Supreme Court upheld the high court’s decision and asked CBK to withdraw their application. Once this chapter was closed, the Supreme Court began enquiring about the relevant laws that allowed outdoor advertising as well as those that allowed tax rates to be jacked up.
“Our government responded that no by-laws existed,” explains Khuwaja, “even though all 17 land agencies collecting taxes from outdoor advertising have their separate laws to govern the sector in their respective jurisdiction. Meanwhile, Munawwar Sahib never recovered the extra money he had been forced to pay.”
In the discussions that followed, KAA officials began arguing that an independent technical committee ought to be constituted which could ensure quality standard checks on billboards and hoardings, and periodically also physically inspect them.
“Currently all you needed for a hoarding site was a certificate issued by a structural engineer registered with the Pakistan Engineering Council,” explains KAA’s Zaidi. “We have proposed that one central authority be constituted for this purpose so that things can stop being run on an ad-hoc basis.”
Zaidi explains that hoardings used to have a certain set of safety guidelines and manufacturing standards. “When you’d put up a skin on a billboard, that skin ought to tear when high-speed wind hits it,” he says. “If the skin doesn’t tear, that means that the billboard has not been placed properly and will cause peril at some stage.”
In an attempt to guarantee safety, the KAA also proposed the need for a central regulator — a suggestion that has gained traction among other small and medium advertisers. Not only would that put to rest safety concerns with respect to hoardings and billboards but it would also ensure some uniformity in advertising by-laws. Where there are multiple sets of laws governing outdoor advertising in the city, there would be one. Where there are arbitrary rates set on site rent, there would be scientific costing. In a nutshell, all murky practices would be mainstreamed and the mafia slowly driven out.
“Selecting sites without prerequisite data and analytics permits opaque pricing,” explains H. Kashan, Team Lead at 24Grey, a Karachi-based outdoor advertising technology and analytics agency. “The buyer has no leverage other than to negotiate the price down on whatever is available. The vendor or the agency has no interest in selling the most efficient site because they want to sell the most profitable sites.”
For the client, this data is crucial: the greater the number of eyeballs gathered, the greater the “awareness” of their brand. More awareness translates (at least in principle) into greater interest, desire and ultimately the act of buying (a product) or consuming (an idea). Not having the right data means that the client has been sold a false promise.
But this was the theory. The outdoor advertising sector was blighted by the curse of shortcuts and a lack of transparency. Only a handful of agencies practiced measuring impact, the others went by crass estimates or made-up numbers. For most, however, it was clear that in order to do business, they had to pay off the mafia rather than make their business practices more transparent.
“The price opacity and structural weaknesses of the outdoor advertising industry not only allow but promote collusion,” argues Kashan. “If a product is sold without discussing any of its merits, purely on the price alone, there is nothing stopping the agency or the vendor to want to sell subpar quality material.”
For labour, though, these are concerns that ought to be ironed out at the top tiers of the industry.
“This was the first season for schools when they couldn’t properly advertise admissions,” says Zaidi. “What used to happen was that they’d budget between 25,000 and 50,000 rupees every year. They would usually get sites that would charge between 15,000-20,000 rupees. And they’d put on a banner or a steamer (small-sized pole-mounted ads), maybe a pole sign proper. All that has stopped after the Supreme Court explicitly banned steamers.”
“The negative press that billboards garnered over the last few years due to safety hazards in the monsoons season turned the public’s opinion against this industry,” argues Kashan. “Unfortunately the outdoor advertising industry never came together to counter or alleviate the public’s concerns.”
“A middle ground is needed and only an independent watchdog can ensure transparency,” says KAA’s Zaidi.
Ahmed Yusuf is a member of staff.
He tweets @ASYusuf
Basil Andrews is a freelance journalist who works on urban spaces and the politics of consumerism. He tweets @_BasilAndrews
THE BAN AND ITS LEGALESE
On May 5, 2016, a Supreme Court tribunal led by Justice Amir Hani Muslim and including Justice Mian Saqib Nisar and Justice Khilji Arif Hussain slapped a ban on billboards or hoardings of any nature to be installed on public property. The order read as follows:
“There is no law which permits KMC, DMCs, cantonment boards or any other agency in Karachi to install billboards or hoardings on a public property. Such an act on the part of [the] permission granting agency is against the civil rights of the citizens. The civil rights of the citizens cannot be hampered with by erecting the billboards or hoardings on the civic amenity meant for the use and benefit of public at large. Besides such an act would endanger the life and property of the common man.”
Public property was also defined by the court in an attempt to “avoid any discrepancy.” The following were classified as public property (see adjacent illustration):
1) Roads
2) Sidewalks
3) Islands in the centre of a road/service lane — including but not limited to “sponsored islands” whereby the entire island is maintained by a private person who displays his name and products on the traffic signs
4) Overhead bridges and underpasses
5) Overhead pedestrian walkways/bridges
6) Roundabouts — including but not limited to, sponsored roundabouts, whereby the entire roundabout is maintained by a private person/or any organisation who displays his or their name and products on the traffic signs
7) Green belts/dividers between a road
8) Pedestrian lanes
9) Nullahs (storm water drains) and the banks of nullahs which abut roads
The court ordered civic agencies to file a compliance report at the next hearing, scheduled for August 2, 2016.
Some 29 days later after the order was issued, civil society groups gathered at Teen Talwar to protest against trees being felled to make space for billboards and hoardings. Although the court had slapped a ban, not many were giving it much shrift. The protest spurred the authorities concerned into action: slowly but surely, hoardings started being taken down.
At the next hearing, on August 2, 2016, the court also banned “billboards or hoardings installed on rooftops or hanging on the walls of commercial markets/malls/plazas, abutting the roads/footpaths, pavements or overshadowing public places in private properties.” The August 2 order warned of holding any authority in contempt who granted permission to install billboards or hoardings thereon. It granted a month for all existing structures to be taken down. The only exemption made was for Independence Day (August 14) that year, where banners, flags and buntings were permitted albeit temporarily.
Published in Dawn, EOS, June 18th, 2017