Post on 23-Oct-2014
Ethics in Advertising
CHAPTER I: INTRODUCTION
Imagine a day in the life of an average urban Indian male living in an
apartment by himself. He wakes up early in the morning to the sound of a hi – tech
alarm (which he has recently bought, thanks to the ad of an alarm clock he seen on
TV). He jumps out of bed and switches on the radio (to hear some good music on
FM punctuated with some news headline). The TV is then switched on (to the
channel on Aerobics while he woks out with those slim women who promise a
sexy physique in just a couple of months). With a brush in his mouth (of course
with ‘Close – Up’ toothpaste ‘for greater confidence’ and so that beautiful girls
may say ‘Talk to me’), he scans the news paper for a quick update while he
prepares some breakfast (the fast and highly nutritious ‘Kellogs’ which once again
he purchased because of the attractive ad). After a warm bath (with ‘Dettol’ soap -
for greater skin protection and ‘Head and Shoulders’ Shampoo so that he is never
embarrassed because of dandruff), and a cool shave (with the very cool ‘Gilette
Shaving foam’ as shaving cream is out and shaving foam is in, and the ‘Mac3’ - for
the closest shave), he bathes his cheeks with an after shave (‘Old Spice’ – for that
macho feeling). He dashes off to work (whizzing past posters, billboards,
hoardings – all bombarding him with different messages, schemes, offers etc.). His
bus and train journey are never boring as he always carries the latest ‘India Today ’
to keep him abreast of the latest happenings. He is on the field working when he
feels thirsty (but he cannot make up his mind whether to have a ‘Thums – up’ – as
he is grown up, or to have a ‘Pepsi’ – because he wants to live young forever; any
way he decides to play safe and have a ‘Bisleri’). His mobile suddenly buzzes. It’s
a programmed call, reminding of his date. He realises he is late. At the shopping
center close by he buys his date a card (an ‘Archies – I’m sorry Card’ of course,
because no one can say it better than Archies). Obviously his date reacts as she is
expected to by giving him a hug (just like the ad). After the great date they return
home. After some TV snacking, he sets the mood with some soft music, spruces
himself (any guesses with what? – yes with the sexiest, irresistible, ‘AXE’ deo
spray). And the lights go out. (Hey wait a second, I forgot to mention the extra
soft…. ‘Kurlon’ mattress he had recently purchased thanks to the special Diwali
offer). That was Media and Advertising’s influence for you.
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Ethics in Advertising
WHAT IS ADVERTISING ?
The word advertising originates from a Latin word advertise which means
to turn to. The dictionary meaning of the term is “to give public notice or to
announce publicity”. Advertising as a term is used by many to cover almost any
topic in the promotional area of marketing. Advertising is a marketing vehicle that
is designed for the masses.
The American Marketing Association defines advertising as “any paid form
of non personal presentation and promotion of Ideas, goods or services by an
identified sponsor.”
This definition can be divided into 4 parts:
1. Paid form: The advertisement is paid for by an advertiser and as result of this,
the advertiser exercises control over advertisement. He would mostly decide
what the advertisement will say and where it is placed. As he invests money, he
would also be interested to know its results.
2. Non – personal presentation: Advertising is non-personal selling. It is
directed towards mass selling by way of mass communication. It makes use of
various media to deliver the message to the customers. At times, advertising
message may try to give the impression of personal appeal but it cannot be
truly personal. Advertising is an inexpensive way to reach the mass market.
The cost of a personal call involves huge money whereas a mass advertising
exposure will cost only a fraction of the investment.
3. Ideas, goods or services: advertising also sells ideas. Some firms may use
advertisements to sell the idea that if an investor puts his money in a certain
plan of public deposits over a given number of years, an individual with small
income can become a rich man. Advertising may also be used to sell the ideas
that they need “your” help e.g. Mumbai Traffic Police advertise asking drivers
and pedestrians to cooperate to help the department to maintain normal traffic
flow, free of bottleneck and accidents. When people think of advertising they
imagine an advertisement is for tangible objects. But these days this perception
is held wrong as many advertisements sell services e.g. Banks, insurance,
restaurants etc.
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4. Identified sponsor: Advertising tries to influence the recipient of the message.
Advertising wants the sponsor of the message be known. Advertisement
without an identified sponsor is a wasteful use of advertising budget. The
advertiser is interested to identify his product with maker and the maker with
the product.
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IMPORTANCE OF ADVERTISING
Back in 1950s, it was said that doing business without advertising is like
winking at a girl in the dark; you know you what you are doing, but nobody else
does. The message was: 'Come on, turn on the light, it pays to advertise'. Today, in
this complex world amidst heavy rush or everything, having a densely crowded
scenario of multiple ads even winking in broad daylight goes unnoticed. Since
everyone is advertising, the idea is to do it with innovation.
Advertising is of immense utility both to large and small business. There
can be no doubt that advertising efforts would result in creation of additional sales.
All forms of promotion of sale of goods is in one way or the other, supported by
extensive advertising campaign. It is not possible to imagine survival of any
business, which is in the business of "make and sell" in the absence of advertising
efforts. Advertising has extended its coverage to include non-business enterprises
also e.g.. Public Water Works advertises the need to preserve precious water and to
cultivate the habit of drinking clean water free from any form of pollution.
Countless illustrations can be provided wherein non-business enterprises have
recognised the importance of advertising and their use it as a tool to promote ideas
and services.
Advertising is an economic activity and it generates employment.
Thousands of men and women are directly or indirectly, employed in professional
advertising. Advertising is an economic proposition. People who invest their
money in advertising anticipate positive results. Hence, advertising must be result-
oriented. Every newspaper or magazine survives on the advertisements that it
receives. Advertisements are definite source of revenue to the publishers. Because
of the advertisements inserted in newspapers and magazines, they are sold at lower
price, which can be afforded by the public. Advertising is of paramount importance
because it creates better-informed public by making available innumerable
publications at an affordable price. Considering the response that advertisements
generate, it can be stated that "advertising does not cost too much".
In older to cut down production cost per unit there is a need to increase the
total sales turnover. When overall sales increase, production cost per unit is
automatically slashed and more people buy the goods. Apart from towering
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production costs, advertising also pays for entertainment and education through use
of media like radio and TV.
Consumer is the king in the market. He cannot be compelled to buy
anything .At the most, he can be persuaded to patronise a certain brand. It is here
that advertising plays a prominent role.
There is no standard format to be followed to make advertising liked by
every person. Advertising is a creative field. Individual likes and dislikes
determine success of advertising or its failure. Advertising scores over personal
selling because it provides freedom of choice to the consumer. Decision to make
purchases is independently arrived at by the consumers. No civilised society can
record constant progress and ensure better standard of living to its people in the
absence of information and education provided by advertising.
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CHAPTERII: SELF-REGULATION IN
ADVERTISING
Inspite of the growing importance of advertising in recent years; as the
quantity of false, misleading and offensive advertising has increased it has resulted
in consumers having an increasing disbelief in advertising, and a growing
resentment of it. Misleading, false advertising also constitutes unfair competition.
It could lead to market-place disaster or even litigation. If this kind of advertising
continues, it won't be long before statutory regulations and procedures are imposed
which make even fair truthful, decent advertising cumbersome if not impossible.
This certainly will affect your ability to compete and grow.
Ethics is a choice between good and bad, between right and wrong. It is
governed by a set of principles of morality at a given time and at a given place.
Ethics is related to group behavior in the ultimate analysis, setting thus the norms
for an individual to follow in consistence with the group norms.
Advertising too, has its ethical values. Advertising communications may be
artfully presented facts but the same are subservient to ethical principles. In order
to be consumer-oriented, an advertisement will have to be truthful and ethical. It
should not mislead the consumers. If it so happens and word does get out, the
credibility is lost and the communication becomes ineffective rather futile.
Advertisements truth should be viewed from the consumer’s point of view,
and not in the narrow legalistic frame in order to find a loophole and to get out
after an irresponsible action.
Many times a clear line of demarcation between truth and lies is difficult to
establish. But the advertisement is as much judged by its impact as by its
acceptance by the consumers.
What it promises must be there in the performance of products.
Advertisements should not be indecent and obscene.
Gambling or to encourage gambling is against ethical code.
Endorsement of products by celebrities who are opinion leaders is also
sometimes criticized for spreading falsehood. Especially if the word gets out
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that the celebrity has endorsed without actual personal experience, it can have a
very detrimental effect on consumers.
As advertising a social process, it must honour the traditional norms of
social behavior, and should not affront the moral senses of a society.
In order to enforce an ethical code throughout the world ‘Self – Regulation’
is followed. There are self-regulation bodies throughout the world for e.g. In UK
the self – regulation body is The Advertising Standards Authority, In Ireland The
Advertising Standards Authority for Ireland (ASAI) and in India we have
Advertising Standards Council of India (ASCI). It is a non-profit organization set
up by 43 founder members who are involved with advertising in one way or the
other. ASCI’s propose is to adjudicate on whether an advertisement is offensive
and its decision will be binding on its members.
The Advertising Standards Council of India (1985) has adopted a Code
for Self-Regulation in Advertising. It is a commitment to honest advertising and to
fair competition in the market place. It stands for the protection of the legitimate
interests of consumers and all concerned with advertising, - advertisers, media,
advertising agencies and others who help in the creation or placement of
advertising. As the Code becomes increasingly accepted and observed pro-actively,
three things will begin to happen.
1. Fewer false, misleading claims
2. Fewer unfair advertisements
3. Increasing respectability
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ASCl ’ s MISSION
ASCI has one overarching goal: to maintain and enhance the public
confidence in advertising.
ASCI seeks to ensure that advertisements conform to its Code for Self –
Regulation which requires advertisements to be
Truthful and fair to consumers and competitors.
Within the bounds of generally accepted standards of public decency and
propriety.
Not used indiscriminately for the promotion of products, hazardous or harmful
to society or to individuals particularly minors, to a degree unacceptable to
society at large
ASCI propagates its code and a sense of responsibility for its observance
amongst advertisers, advertising agencies, and others connected with the creation
of advertising, and the media.
ASCI encourages the public to complain against advertisements with which
they may be unhappy for any reason and ensures that each complaint receives a
prompt and objective consideration by an impartial Committee (CCC) which takes
into account the view point of the advertiser, and an appropriate decision is
communicated to all concerned.
ASCI endeavors to achieve compliance with its decisions through reasoned
persuasion and the power of public opinion.
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CHAPTER III – COMPLETE STUDY OF
SELF –REGULATION IN INDIA
THE CODE FOR SELF-REGULATION IN
ADVERTISING IN INDIA
Adopted by The Advertising Standards Council of India under Article 2 (ii)
of its Articles of Association at the first meeting of the Board of Governors held on
November 20, 1985. The Code was amended in February 1995 and more recently
in June 1999.
The purpose of the Code is to control the content of advertisements, not to
hamper the sale of products which may be found offensive, for whatever reason, by
some people Provided, therefore, that advertisements for such products are not
themselves offensive, there will normally be no ground for objection to them in
terms of this Code.
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DECLARATION OF FUNDAMENTAL PRINCIPLES
This Code for Self-Regulation has been drawn up by people in professions
and industries in or connected with advertising, in consultation with representatives
of people affected by advertising, and has been accepted by individuals, corporate
bodies and associations engaged in or otherwise concerned with the practice of
advertising, with the following as basic guidelines, with a view to achieve the
acceptance of fair advertising practices in the best interest of the ultimate
consumer:
I. To ensure the truthfulness and honesty of representations and claims made
by advertisements and to safeguard against misleading advertisements.
II. To ensure that advertisements are not offensive to generally accepted
standards of public decency.
III. To safeguard against the indiscriminate use of advertising for the
promotion of products which are regarded as hazardous to society or to
individuals to a degree or of a type which is unacceptable to society at
large.
IV. To ensure that advertisements observe fairness in competition so that the
consumer's need to be informed on choices in the market-place and the
canons of generally accepted competitive behaviour in business are both
served.
The Code's rules form the basis for judgement whenever there may be
conflicting views about the acceptability of an advertisement, whether it is
challenged from within or from outside the advertising business. Both the general
public and an advertiser's competitors have an equal right to expect the content of
advertisements to be presented fairly, intelligibly and responsibly. The Code
applies to advertisers, advertising agencies and media.
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RESPONSIBILITY FOR THE OBSERVANCE OF THIS CODE
As the advertiser originates the advertising brief and sanctions its
placement, the advertiser carries full responsibility for the observance of this Code.
This responsibility embraces the advertisement in its entire content and form
(including testimonials and statements or visual presentations originating from
other sources). The fact that the content or form, wholly or in part,
originates from other sources is not an excuse for non-observance of this Code.
As creators and expert advisors, advertising agencies have full
responsibility to ensure the observance of this Code in as much as the facts are
known to them and to advise their clients in accordance with this Code.
This Code applies to advertisements read, heard or viewed in India,
directed to Indian consumers even if they originate or are published abroad.
THE CODE AND THE LAW
The Code's rules are not the only ones to affect advertising.
There are many provisions, both in the common law and in the statutes, which can
determine the form or the content of an advertisement.
The Code is not in competition with law. Its rules and the machinery through
which they are enforced are designed to complement legal controls, not to usurp or
replace them.
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DEFINITIONS
For the purpose of this Code:
~ an advertisement is defined as a paid-for communication, addressed to the Public
or a section of it, the purpose of which is to influence the opinions of behaviour of
those to whom it is addressed. Any communication which in the normal course
would be recognised as an advertisement by the general
public would be included in this definition even if it is carried free-of-charge for
any reason.
~ a product is anything which forms the subject of an advertisement, and includes
goods, services and facilities.
~ a consumer is any person or corporate body who is likely to be reached by an
advertisement whether as an ultimate consumer, in the way of trade or otherwise.
~ an advertiser is anybody, including an individual or partnership or corporate
body or association, on whose brief the advertisement in designed and on whose
account the advertisement is released.
~ an advertising agency includes all individuals, partnerships, corporate bodies or
associations, who or which work for planning, research, creation or placement of
advertisements or the creation of material for advertisements for advertisers or for
other advertising agencies.
~ media owners include individuals in effective control of the management of
media or their agents; media are any means used for the propagation of
advertisements and include press, cinema, radio, television, hoarding, hand bills,
direct mail, posters, internet, etc.
~ minors are defined as persons who are below the age of 18 years.
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~ any written or graphic matter on packaging, whether unitary or bulk, or
contained in it, is subject to this Code in the same manner as any advertisement in
any other medium.
~ to publish is to carry the advertisement in any media whether it be by printing,
exhibiting, broadcasting, displaying, distributing, etc.
STANDARDS OF CONDUCT
Advertising is an important and legitimate means for the seller to awaken
interest in his products. The success of advertising depends on public confidence.
Hence no practice should be permitted which tends to impair this confidence. The
standards that are stated in the next few chapters should be taken as minimum
standards of acceptability, which would be liable to be reviewed from time to time
in relation to the prevailing norm of consumers' susceptibilities.
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CHAPTER - I OF ASCI ’ s CODES
To ensure the Truthfulness and Honesty of Representations and Claims made by
Advertisements and to Safeguard against misleading Advertisements.
1. Advertisements must be truthful. All descriptions, claims and comparisons,
which relate to matters of objectively ascertainable fact, should be capable of
substantiation. Advertisers and advertising agencies are required to produce such
substantiation as and when called upon to do so by The Advertising Standards
Council of India.
2. Where advertising claims are expressly stated to be based on or supported by
independent research or assessment, the source and date of this should be indicated
in the advertisement.
3. Advertisements shall not, without permission from the person, firm or institution
under reference, contain any reference to such person, firm or institution which
confers an unjustified advantage on the product advertised or tends to bring the
person, firm or institution into ridicule or disrepute. If any when required to do so
by the Advertising Standards Council of India, the advertiser and advertising
agency shall produce explicit permission from the person, firm or institution to
which reference is made in the advertisement.
4. Advertisements shall neither distort facts nor mislead the consumer by means of
implications or omissions. Advertisements shall not contain statements or visual
presentation which directly or by implication or by omission or by ambiguity or by
exaggeration are likely to mislead the consumer about the product advertised or the
advertiser or about any other product or advertiser.
5. Advertisements shall not be so framed as to abuse the trust of consumers or
exploit their lack of experience or knowledge. No advertisement shall be permitted
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to contain any claim so exaggerated as to lead to grave or widespread
disappointment in the minds of consumers.
For example:
(a) Products shall not be described as 'free' where there is any direct cost to the
consumer other than the actual cost of any delivery, freight, or postage. Where
such costs are payable by the consumer, a clear statement that this is the case
shall be made in the advertisement.
(b) Where a claim is made that if one product is purchased another product will be
provided 'free', the advertiser is required to show, as and when called upon by
The Advertising Standards Council of India, that the price paid by the
consumer for the product which is offered for purchase with the advertised
incentive is no more than the prevalent price of the product without the
advertised incentive.
(c) Claims which use expressions such as "Up to five years' guarantee" or "Prices
from as low as Rs. Y" are not acceptable if there is likelihood of the consumer
being misled either as to the extent of the availability or as to the applicability
of the benefits offered.
(d) Special care and restraint has to be exercised in advertisements addressed to
those suffering from weakness, any real or perceived inadequacy of any
physical attributes such as height or bust development, obesity, illness,
impotence, infertility, baldness and the like, to ensure that claims or
representations directly or by implication, do not exceed what is considered
prudent by generally accepted standards of medical practice and the actual
efficacy of the product.
(e) Advertisements inviting the public to invest money shall not contain statements
which may mislead the consumer in respect of the security offered, rates of
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return or terms of amortisation; where any of the foregoing elements are
contingent upon the continuance of or change in existing conditions, or any
other assumptions, such conditions or assumptions must be clearly indicated in
the advertisement.
(f) Advertisements inviting the public to take part in lotteries or prize competitions
permitted under law or which hold out the prospect of gifts shall state clearly all
material conditions as to enable the consumer to obtain a true and fair view of
their prospects in such activity. Further, such advertisers shall make adequate
provisions for the judging of such competitions, announcement of the results
and the fair distribution of prizes or gifts according to the advertised terms and
conditions within a reasonable period of time. With regard to the announcement
of results, it is clarified that the advertiser's responsibility under this section of
the Code is discharged adequately if the advertiser publicizes the main results in
the media used to announce the competition as far as is practicable, and advises
the individual winners by post.
6. Obvious untruths or exaggerations intended to amuse or to catch the eye of the
consumer are permissible provided that they are clearly to be seen as humorous or
hyperbolic and not likely to be understood as making literal or misleading claims
for the advertised product.
7. In mass manufacturing and distribution of goods and services it is possible that
there may be an occasional, unintentional lapse in the fulfilment of an advertised
promise or claim. Such occasional, unintentional lapses may not invalidate the
advertisement in terms of this Code.
In judging such issues, due regard shall be given to the following:
(a) Whether the claim or promise is capable of fulfilment by a typical specimen of
the product advertised.
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(b) Whether the proportion of product failures is within generally acceptable limits.
(c) Whether the advertiser has taken prompt action to make good the deficiency to
the consumer.
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CASES THAT WERE UPHELD BY THE CONSUMER
COMPLAINTS COUNCIL
UNDER CHAPTER I FROM
APRIL 2000 TO JUNE 2001
CASE 1:
Brand: Spirulina Pacifica
Company: Herbicure Pvt. Ltd.
Advertising Agency: Mileage Advertising
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Medium: Print
This advertisement appeared in The Times of India dated April 25, 2001.
The advertisement glorifies active and passive smoking, both of which are fatal.
This is augmented by the slogan, “pollution you love”. This sends wrong signals so
as to be accepted by the readers that smoking does not harm, if Spirulina Pacifica
is taken regularly.
Also, the claims in the advertisement –
“Spirulina Pacifica is proven to have more antioxidant properties than most other
Spirulina strains”,
“Only two tablets a day restore your natural power to ward off diseases, keeping
you healthy and strong”,
“It also reduces premenstrual syndrome”,
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“Reduces risk of cancer, checks cholesterol &blood sugar, even helps prevent heart
diseases”
- these require to be substantiated.
Hence this advertisement was upheld under Chapter I.1 since the claims were
not substantiated adequately. The advertisement was discontinued since then.
CASE 2:
Brand: Surf Excel Liquid Detergent
Company: Hindustan Lever Ltd.
Advertising Agency: Lowe Lintas & Partners
Medium: TV Commercial
This advertisement appeared on the product pack and on Zee TV, Sony TV,
and Star Plus.
The following claims of Surf Excel are misleading and untrue:
In TVCs: (in Hindi) – “Naya Surf Excel liquid – daag mitane ki shakti
powderon ke mukable dugna”, (as translated in English) – “New Surf Excel
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Liquid – with stain removing power which is twice as much as in detergent
powders”.
On the product pack label: “It gives you far better results than any detergent
powder”.
The advertiser does not specify, compared to which detergent powder they are
twice as effective, it is reasonable to infer that they claim to be twice as effective as
any detergent powder commonly available in the Indian market.
Technical tests conducted by the Bombay Textile Research Association
(BTRA), an independent organisation, clearly indicates that Ariel Power Compact
delivers significantly better stain removal performance on most of the commonly
encountered stains like clay, betel-nut (“paan”), and body soil stains, and showed
parity performance on stains like spinach, paint, turmeric vs. Surf Excel Liquid.
Hence this advertisement was upheld under Chapter I.1 since the claims were
not substantiated by advertisers test report or in their supporting technical
information. The advertisement was discontinued since then.
CASE 3:
Brand: Philips Matchline TV
Company: Philips (I) Ltd.
Advertising Agency: Euro RSCG Advtg
Medium: Print
This advertisement appeared in The Times of India.
The headline in this advertisement proclaims Philips to be the “No. 1 TV”,
whereas the ad is referring to a particular model only. Moreover there is no proper
substantiation of the No. 1 status. The ad gives a reference to the AV Max
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magazine; but the comparison done by the magazine is based on certain parameters
and does not rate any product as No.1.
The ad shows a particular model but mentions two different model numbers
next to the product shot.
The ad just highlights a single feature (picture quality) which is rated
marginally higher but not the features, which are rated, lower than the competitors.
In terms of overall rating, not only the Philips 100-hertz model is rated four
and half stars but also the Samsung model. However, this is not being mentioned in
the ad.
Hence this advertisement was upheld under Chapter I.4 since the claims were
not supported by any reference in the report published in AV Max magazine or by
any other valid data. The ad was misleading by ambiguity. The advertisement was
modified.
CASE 4:
Brand: Novartis
Company: Novartis India Ltd.
Advertising Agency: Rediffusion DY&R
Medium: Print
This advertisement appeared in The Times of India.
The ad used a photograph of US President – Bill Clinton, AP Chief Minister –
Chandrababu Naidu, and a quote by Mr. Clinton. The photo caption reads, “US
President Bill Clinton administers the last dose eradicating the infliction of TB”.
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The copy states, “At Novartis, we are working towards eradicating illnesses and
creating a world full of wonders, a world free of disease. By developing drugs that
enhance the quality of life. So it makes us proud to say that the tuberculosis
treatment dose that US President Bill Clinton administered to two children at
Hyderabad (A.P.) on March 24, world TB day, was manufactured and marketed by
Novartis. A small step towards creating a better world”, - Novartis – New skills in
the science of life.
This ad is misleading and unfair for the following reasons:
- The ad creates an impression that, Novartis, is the sole manufacturer of Anti-
TB medicines; while the reality is that there are at least 31 major Indian
companies and four other MNCs manufacturing the anti-TB products for
decades with utmost precision, most selling them at lower cost, than Novartis.
- The Ad creates an impression that TB is eradicated and that the two children
were the last to take the last dose at the hands of Mr. Clinton; while the reality
is that India tops the world in TB cases and TB is still on the rise. It also
misleads as implying Mr. Clinton’s endorsement of the product.
- In Directly Observed Treatment Short-course, the anti-TB treatment is directly
provided by the healthcare worker who is specially trained; while Mr. Clinton
is neither a professional doctor nor a trained healthcare worker.
- Did Novartis obtain express permission/ consent of Mr. Clinton and Mr. Naidu
for publishing this picture, for its goal of commercially exploiting the social
event in Hyderabad?
Hence this advertisement was upheld under Chapter I.1 and I.4 since the claims
were misleading by implication. The advertisement was discontinued.
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CASE 5:
Brand: Sunsilk Shampoo
Company: Hindustan Lever Ltd.
Advertising Agency: Hindustan Thompson Associates
Medium: TV Commercial
The advertisement appeared on DD5.
The commercial states that “Sunsilk is made up of natural products”. It means
only natural products are used so people don’t have to worry about any chemicals.
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But the label of the product says that the shampoo is “detergent based”. Facts state
that natural proteins and vitamins cannot survive with a detergent solution.
The ad clearly misleads the consumer to believe that it is made up of natural
products by a visual effect, which shows something being taken from the flower,
using a syringe.
Hence this advertisement was upheld under Chapter I.1 and I.4 since the claims
were false and misleading. The claim made in the TVC was modified.
CASE 6:
Brand: Pepsodent Toothpaste
Company: Hindustan Lever Ltd.
Advertising Agency: Ammirati Puris Lintas
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Medium: Print
The advertisement appeared in the Sunday Times Of India.
The ad states “Q) What do you call 1000 Pepsodent kids with tooth aches? A)
Liars”.
The problem in this case is the word ‘Liars’. No Child is ready to accept that
he is a liar even if he is lying. It is wrong to call any child a liar and more so if he
is using any toothpaste. There is no toothpaste in the world that guarantees against
cavities, and that can prevent a toothache. Hence the ad is false and misleading.
Hence this advertisement was upheld under Chapter I.1 and I.4 since the claims
were false and misleading. The campaign is not on air.
CHAPTER - II OF ASCI ’ s CODES
To ensure that Advertisements are not offensive to generally accepted standards of
Public Decency.
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Advertisements should contain nothing indecent, vulgar or repulsive, which is
likely, in the light of generally prevailing standards of decency and propriety, to
cause grave or widespread offence.
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CASES THAT WERE UPHELD BY THE CONSUMER
COMPLAINTS COUNCIL
UNDER CHAPTER II FROM
APRIL 2000 TO JUNE 2001
CASE 1:
Brand: Samsung Instachill Air Conditioner
Company: Samsung India Electronics Ltd.
Advertising Agency: Triton Communications
Medium: TVC
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This advertisement appeared on Sony Max channel in March 2000. The
advertisement shows a boy stripping in front of a group of girls. The ad was being
aired during the cricket matches. Cricket is watched by the whole family especially
teenaged boys. An Ad with such blatant vulgarity was being aired throughout the
match.
Hence this advertisement was upheld under Chapter II since the ad was likely
to cause wide spread offence. The advertisement was discontinued since then.
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CASE 2:
Brand: Ibaya –“The Complete Shopping Experience”
Company: Indishop Pvt. Ltd.
Advertising Agency: Lowe Lintas & Partners
Medium: Print
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This advertisement appeared in The Times of India. The advertisement
which has been, published has nothing to do with the subject matter of the
advertisement. The picture is of a very low grade and cheap nature. The
advertisement (headline) states, "Think This Is Cheap?". The reference to,
"Alphonso mangoes at Rs.30/-" is suggestive and not in good taste.
Hence this advertisement was upheld under Chapter II as the headline “Think
This is Cheap?”, linked with the visual depiction, and the copy, “looking for the
best products at lowest prices?”, was considered suggestive and an affront to
women, which is likely to cause grave or widespread offence. The advertisement
was withdrawn.
CASE 3:
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Ethics in Advertising
Brand: “MTV – Cut the crap! Let’s talk Farts & Figures”
Company: MTV India Pvt. Ltd.
Advertising Agency: -
Medium: Print
This advertisement appeared in The Economic Times.
The advertisement is vulgar and offensive. The words - "shit", "fart", and
"crap", are not acceptable in the lexicon of the vocabulary – by the Indian society.
It is probably considered very liberal, cool, and modem, by some people, to accept
this in the belief that, "Oh, but it's all in good humour", but it is not.
Hence this advertisement was upheld under Chapter II as the advertisement
was considered to be offensive to generally prevailing standards of public decency
and likely to cause grave or widespread offence. The advertisement was released
only once in selected publications. No repeat insertions.
CASE 4:
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Ethics in Advertising
Brand: Exciter Inner Wear
Company: Body Care International Ltd.
Advertising Agency: Graphisads Pvt. Ltd.
Medium: Print
This advertisement appeared in The Hindustan Times.
The advertisements are most vulgar, derogatory to the women folk and
against the Indian culture and society. The way the man has been shown wearing
the underwear is objectionable, and further to it the presence of six hands of
women are most objectionable. The advertisements are in very bad taste.
Hence this advertisement was upheld under Chapter II as the advertisement
was considered to be offensive to generally prevailing standards of public decency
and likely to cause grave or widespread offence. The advertiser has assured
appropriate modification of the ad.
CASE 5:33
Ethics in Advertising
Brand: Lawman Casuals
Company: Kewal Kiran Enterprises
Advertising Agency: Relationship Marketing Group
Medium: Print
This advertisement appeared in The Outlook.
34
Ethics in Advertising
The advertisement depicts a young man “relieving himself”, and the
caption says, “Pop says water the plants daily”. The advertisement is in very bad
taste, and is disrespectful of the elders.
Hence this advertisement was upheld under Chapter II as the advertisement
was considered to be offensive to generally prevailing standards of public decency
and likely to cause grave or widespread offence. The advertisement has been
withdrawn.
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Ethics in Advertising
CHAPTER - III OF ASCI ’ s CODES
To safeguard against the indiscriminate use of Advertising in situations or of the
Promotion of Products which are regarded as Hazardous or Harmful to society or
to individuals, particularly minors, to a degree or of a type which is Unacceptable
to Society at Large.
1. No advertisement shall be permitted which:
(a) Tends to incite people to crime or to promote disorder and violence or
intolerance.
(b) Derides any race, caste, colour, creed or nationality.
(c) Presents criminality as desirable or directly or indirectly encourages people ~
particularly minors-to emulate it, or conveys the modus operandi of any crime.
(d) Adversely affects friendly relations with a foreign State.
2. Advertisements addressed to minors shall not contain anything, whether in
illustration or otherwise, which might result in their physical, mental or moral
harm or which exploits their vulnerability. For example. Advertisements:
(a) Should not encourage minors to enter strange places or to converse with
strangers in an effort to collect coupons, wrappers, labels or the like.
(b) Should not feature dangerous or hazardous acts, which are likely to encourage
minors to emulate such acts in a manner, which could cause harm or inquiry.
(c) Should not show minors using or playing with matches or any inflammable or
explosive substance; or playing with or using sharp knives guns or mechanical
36
Ethics in Advertising
or electrical appliances, the careless use of which could lead to their suffering
cuts, burns, shocks or other injury.
(d) Should not feature minors for tobacco or alcohol-based products.
(e) Should not feature personalities from the field of sports, music and cinema for
products which, by law, either require a health warning in their advertising or
cannot be purchased by minors.
3. Advertisements shall not, without justifiable reason, show or refer to dangerous
practices or manifest a disregard for safety or encourage negligence.
4 Advertisements should contain nothing, which is in breach of the law, nor omit
anything, which the law requires.
5. Advertisements shall not propagate products, the use of which is banned under
the law.
6. Advertisements for products whose advertising is prohibited or restricted by law
or by this Code must not circumvent such restrictions by purporting to be
advertisements for other products the advertising of which is not prohibited or
restricted by law or by this Code. In judging whether or not any particular
advertisement is an indirect advertisement for a product whose Advertising is
restricted or prohibited, due attention shall be paid to the following:
(a) Whether the unrestricted product which is purportedly sought to be promoted
through the advertisement under complaint is produced and distributed in
reasonable quantities having regard to the scale of the advertising in question,
the media used and the markets targeted.
(b) Whether there exist in the advertisement under complaint any direct or indirect
clues or cues which could suggest to consumers that it is a direct or indirect
37
Ethics in Advertising
advertisement for the product whose Advertising is restricted or prohibited by
law or by this Code.
(c) Where Advertising is necessary, the mere use of a brand name or company
name that may also be applied to a product whose Advertising is restricted or
prohibited, is not reason to find the advertisement objectionable provided the
advertisement is not objectionable in terms of (a) and (b) above.
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Ethics in Advertising
CASES THAT WERE UPHELD BY THE CONSUMER
COMPLAINTS COUNCIL
UNDER CHAPTER III FROM
APRIL 2000 TO JUNE 2001
CASE 1:
Brand: “Happy Christmas. Unhappy Deeds!”
Company: Jindal Aluminium Ltd.
Advertising Agency: Chakra Communications
Medium: Print
This advertisement appeared in The Indian Express. The advertisement states
“Happy Christmas. Unhappy Deeds!”. The advertisement smacks of communal
hatred likely to incite communal disharmony.
Hence this advertisement was upheld under Chapter III.1 (a & b) since the ad
tends to promote intolerance and derides a particular creed. The media was
questioned and the media assured that said advertisement will not be published, in
future.
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Ethics in Advertising
CASE 2:
Brand: Livo Plus Capsules
Company: Ajanta Pharma Ltd.
Advertising Agency: Solutions Advertising
Medium: Print
This advertisement appeared in Bombay Times. The advertisement states
“Protect your liver, without dampening your spirits”.
The advertisement is totally misleading and unethical, as it clearly suggests that
one can continue to take alcohol as long as the liver is protected by such a drug -
Livo Plus capsules.
This statement has no scientific basis, as no such drugs have been shown to
clearly have hepato -protective effects. Also, any encouragement to alcohol
consumption is against the interest of public health.
Also, the following claims need to be substantiated by the advertiser.
“A 100% safe ayurvedic formulation made from plant extracts in a Unique
combination”
“Livo Plus is 18 times more powerful than any existing liver care product”
Hence this advertisement was upheld under Chapter III.3 and I.1 since the
claim (headline) – “protect your liver, without dampening your spirits”, and the
visual depiction could induce excess consumption of alcohol. Claims, “100%
safe”, and “18 times more powerful than any existing liver care product”, were not
substantiated, and the advertisement encouraged negligence without justifiable
reasons. The advertisement was discontinued.
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Ethics in Advertising
CHAPTER - IV OF ASCI ’ s CODES
To ensure that Advertisements observe fairness in competition such that the
Consumer's need to be informed on choice in the Market-Place and the Canons of
generally accepted competitive behaviour in Business are both served.
1. Advertisements containing comparisons with other manufacturers or suppliers or
with other products including those where a competitor is named, are permissible
in the interests of vigorous competition and public enlightenment, provided:
(a) It is clear what aspects of the advertiser's product are being compared with
what aspects of the competitor's product.
(b) The subject matter of comparison is not chosen in such a way as to confer an
artificial advantage upon the advertiser or so as to suggest that a better bargain
is offered than is truly the case.
(c) The comparisons are factual, accurate and capable of substantiation.
(d) There is not likelihood of the consumer being misled as a result of the
comparison, whether about the product advertised or that with which it is
compared.
(e) The advertisement does not unfairly denigrate, attack or discredit other
products, advertisers or advertisements directly or by implication.
2. Advertisements shall not make unjustifiable use of the name or initials of any
other firm, company or institution, nor lake unfair advantage of the goodwill
attached to the trade mark or symbol of another firm or its product or the goodwill
acquired by its advertising campaign.
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Ethics in Advertising
3. Advertisements shall not be similar to any other advertiser's earlier run
advertisements in general layout, copy, slogans, visual presentations, music or
sound effects, so as to suggest plagiarism.
4. As regards matters covered by sections 2 and 3 above, complaints of plagiarism
of advertisements released earlier abroad will lie outside the scope of this Code
except in the under-mentioned circumstances:
(a) The complaint is lodged within 12 months of the first general circulation of the
advertisements / campaign complained against.
(c) The complainant provides substantiation regarding the claim of prior
invention / usage abroad.
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Ethics in Advertising
CASES THAT WERE UPHELD BY THE CONSUMER
COMPLAINTS COUNCIL
UNDER CHAPTER IV FROM
APRIL 2000 TO JUNE 2001
CASE 1:
Brand: Kores Script Pen
Company: Kores (India) Ltd.
Advertising Agency: MX Advertising Pvt. Ltd.
Medium: TVC
This advertisement appeared on Star Plus. The advertisement is a blatant
plagiarism of "Rin Detergent Bar's" Ad in terms of format, copy, visual
presentation as well as the use of the brand's mnemonic and property - the
lightening flash. It is an obvious violation of ASCl's Code for Self-Regulation in
Advertising.
Hence this advertisement was upheld under Chapter IV.2 since the ad makes
unjustifiable use of the goodwill acquired by the advertising campaign of another
firm. The advertising agency has assured appropriate modification of the TVC.
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Ethics in Advertising
CASE 2:
Brand: Iodex Power Cream
Company: SmithKline Beecham Pharmaceuticals Ltd.
Advertising Agency: Enterprise Nexus Communications
Medium: TVC
This advertisement appeared on Zee TV.
The TVC depicts a woman dressed in a saree (purple and white, similar to Moov's
brand colours), used to suggest a Moov user. A male voice tries to
sell 'lodex Power Cream' to her. Irritated by the man's persistence, the woman
says, "Hato, Moov Moov” To this, the male voice says, "Woh? Woh nahin madam
yeh...” The woman is promised a money-back guarantee in case the product fails to
provide instant relief, subject to "conditions apply". The advertisement is unethical
as it openly names the brand - Moov. As per accepted advertising practice and
even otherwise, it is unfair to directly name a competitor in communication. The
words used by the woman to drive the man away are clearly indicative of Moov –
the brand. The male voiceover’s response to the woman's dismissive "Moov
Moov...” is not to physically move away or refuse to move away, which could be
the normal response, but to say, "Woh? Woh nahin madam yeh... ". This is a
deliberate and calculated attempt to prejudicially affect and undermine consumer
confidence in Moov and tarnish its good reputation and brand equity in the market
place. This is absolutely unwarranted, uncalled for, unethical and should be
withdrawn immediately.
In the medicine business, not even Doctors offer a money-back. So how
can a mass, over-the-counter brand, without any prior diagnosis, give a money-
back guarantee? Again, this is misleading and has very likely been used to create
false reassurances. In addition, this is a conditional offer (the conditionally
hides in fine print in the pack sequence). If it is a conditional offer, then the fact
that it is a conditional offer should be clearly communicated, which has not been
done.
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Ethics in Advertising
Hence this advertisement was upheld under Chapter IV.1(e) since the Claim –
voiceover “Hato, Moov Moov” and “Who? Who nahin madam yeh …..” followed
by the mention of Iodex Power Cream, and the money back offer which “was
accepted”, were considered to unfairly and directly discredit a competitive product.
The advertisement has been withdrawn.
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Ethics in Advertising
CASE 3:
Brand: Godrej All Care Soap
Company: Godrej Soaps Ltd.
Advertising Agency: Mudra Communications
Medium: TVC
This advertisement appeared on Sony TV.
The advertisement (in Hindi), contains the line, "kitanu per var, twacha se
pyar” This is very similar to the line used in the advertising of 'Lifebuoy Gold'
"kitanu per kare var, twacha se kare pyar” This line has been used by Lifebuoy
Gold and as such is the key advertising property of the brand Godrej All Care' soap
has copied this line of 'Lifebuoy Gold', which is likely to confuse mislead the
consumers.
Hence this advertisement was upheld under Chapter IV.3 since the ads claim is
similar to that of another advertisers earlier – run ad. The TVC is withdrawn.
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Ethics in Advertising
CASE 4:
Brand: Indiatimes.com
Company: Times Internet Ltd.
Advertising Agency: McCann – Erickson Pvt. Ltd.
Medium: Print
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Ethics in Advertising
This advertisement appeared in The Times of India and Economic Times
The advertisement has used the name of "Digen Verma". The advertisement
depicted a family purported to be "folks of Digen Verma". The advertisement also
stated, "Digen Verma and family are not the registered trademarks of any
Company so beware of cheap imitations”. This advertisement of indiatimes.com is
clearly a contravention of the ASCI Code, and is against the letter and the spirit of
Self-Regulation in Advertising.
In support of the complaint, Frooti has provided ASCI with proof of first and
prior usage in advertisements, of the name "Digen Verma", a character created for
the use of Parle Agro Limited and their range of products, confirmed media
schedules, instructions for appearance and display on Hoardings, proof of their
application for Trade Mark Registration, photographs of their Ads on Hoardings
and a VHS tape of their TV Commercials.
Hence this advertisement was upheld under Chapter IV.2 since the ad made
unjustifiable mention of a character created by another firm, and took unfair
advantage of the goodwill attached to the created character of another firm, and the
goodwill acquired by its advertising campaign . The ad was a one-time insertion.
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Ethics in Advertising
CASE 5:
Brand: Paradigms Advanced Education Programs
Company: Paradigm Infoways
Advertising Agency: Enterprise Nexus
Medium: Print
This advertisement appeared in The Hindustan Times.
The first line of the body copy states that, "Of course, the smart ones who want
to be nothing but the best will join Paradigm". Does this mean that anyone who
does not join Paradigm does not want to be the best? Or that non-Paradigm indents
belong to the 'unsmart' category? The headline also states, “Now that the exams are
over, Tom is joining NIIT, Dick is joining Aptech, And Harry is joining SSI”. The
headline deliberately aims to communicate that those students joining NIIT,
Aptech or SSI fall into the Tom, Dick, Harry' category. This phrase has a
derogatory annotation and implies that NIIT students have not made a mark/name
for themselves.
This is intended to mislead students and create misgivings in their minds.
The word 'best' has also been used thrice and rather loosely at that. On what
basis is the advertiser claiming that its faculty 'employs the best teaching aids and
skills in the industry'?
Even the claim of providing the 'most comprehensive education there is'
is unsubstantiated.
Hence this advertisement was upheld under Chapter IV.1(e) since the ad
unfairly denigrated other advertisers directly. The ad was discontinued.
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PROCEDURE FOR PROCESSING A COMPLAINT
AGAINST AN AD, FOR CONTRAVENTION OF ASCI
CODE
1. On receipt of a complaint (should be complete with relevant particulars
including clipping or copy of print Ad/promotion material provided by
complainant), the Secretariat will acknowledge the complaint and request the
advertiser / agency to provide comments / response in respect of the complaint.
Secretariat will send out these two letters within 5 working days of receipt of the
complaint.
ASCI's letter to the advertiser will carry an annexure, which contains
verbatim the entire complaint of the complainant (with annexures/attachments), but
care will be taken to see that the identity of the complainant is not revealed. In
case, 'if the attachments include laboratory test reports, the identity of the
laboratory or the source of authentication will be concealed.
Complainants, who are advertisers themselves, are required to provide an
additional copy of the complaint and annexures/attachments, if any, on plain paper
so that the additional set may be forwarded to the advertiser for their comments.
2. ASCI will give the advertiser 2 weeks for response, from date of receipt of ASCI
letter. ASCl Secretariat will allow 3 days for receipt of letter by the advertiser.
3. In the first instance, if the complaint appears extremely frivolous and there
seems to be no basis for the complaint, then the Secretary General will not send out
a letter to the advertiser but will refer the complaint to the Vice-Chairman. If the
Vice-Chairman also feels that the complaint is baseless, then the complaint will be
put up at the next CCC meeting without comments from the advertiser. The CCC
will direct further action.
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Ethics in Advertising
4. Complaint with all supporting information provided by the complainant and the
advertiser / agency complained against, will be placed on the agenda of the next
CCC meeting (usually held in the 4 week of each month).
5. If the matter is technical, the CCC may decide to refer the complaint to an
expert, if available, chosen from a list of experts nominated by the Board as
experts in certain areas like soaps and detergents, drugs, lubricant-s, white goods,
etc.
6. Once the CCC has taken a decision on the complaint, (which will be recorded in
the minutes of the CCC meeting), the party complained against will be informed of
the CCC decision, within 5 working days. If the complaint is not upheld, the
complainant and the advertiser will be informed simultaneously.
7. If the complaint is upheld, then the advertiser alone will be informed of the
CCC decision within 5 working days. The advertiser will be given 2 weeks to
assure time bound compliance with the CCC decision. On receipt of this assurance
the complainant will also be informed of the CCC decision.
8. If a positive response is not received or compliance is not assured by the
advertiser, within 2 weeks as above, a letter from the Vice-Chairman, ASCl, will
be dispatched to the advertiser requesting their commitment within 2 weeks, to the
withdrawal of the offending Ad or its appropriate modification so as to avoid
contravening the ASCl Code. Simultaneously the concerned agency and the
concerned media vehicle will be advised that the Ad contravenes the Code. The
Secretariat will then advise the complainant of the CCC decision.
9. If such positive assurance from the advertiser, is still not received, the
offending Ad will be included in the ASCI Chairman's Media Release (on ac All
India basis), which will be issued once in every 3 months, along with the Quarterly
Compilation Report of CCC decisions. This Report will be circulated to all ASCI
members, concerned Associations of Practitioners in Advertising, and select Media
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Ethics in Advertising
all over the country. (Members of ASCI are obliged to comply with the CCC
decisions on complaints, since the Memorandum & Articles of Association
stipulate the observance of the ASCI Code, by all members).
10. Peer Group influence will be extended through respective Associations of
Practitioners in Advertising (AAAI, IAA - India Chapter, ISA, INS, RAPA, etc),
who will be sent requests from the Chairman, ASCI, to influence their own
constituents responsible for such offending Ads, to refrain from indulging in Ads
which lack credibility and erode consumer confidence in advertised goods and
services. Copies of such communications will be sent to the concerned agency 'and
media vehicle.
11. The CCC Procedure provides for a Review of a CCC decision if all of the
following conditions are satisfied:
A written application for & Review is made within 2 weeks of receipt
of a CCC decision.
The application is accompanied by a payment ofRs.l0,000/- as Review
fee.
The advertiser is in a position to provide additional pertinent
information/material not submitted earlier, to ASCI.
The advertiser has confirmed suspension of the offending Ad, pending
review.
The advertiser has given an undertaking in the review application, that
he will accept and comply with the review decision.
12. Complaints of a same or similar nature, on the same or similar Ads, on
which CCC decisions have been notified, will generally not be taken up for
renewed deliberation by the CCC.
13. The Procedure will ensure that the name/identity of the complainant
is not disclosed/revealed to anybody, except at the CCC meetings, which are
attended only by the CCC members who are themselves nominated by the ASCI
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Ethics in Advertising
Board for agreed period (generally 2 years). However, the text of the complaint
along with all annexures will be sent to the party complained against.
14. The CCC meeting protocols do not provide for personal
representation by complainant/advertiser/agency in respect of complaints being
deliberated upon at the CCC meeting.
15. The ASCI and the CCC are not Clearing Houses or Voluntary Censor bodies,
and hence Ads are not cleared or approved. The ASCI Code is well publicized and
made available promptly on request. It is recognized by almost all Practitioners in
Advertising as the universally relevant/applicable Code for Self-Regulation in
respect of Ads in India. It is broad based to cover the entire gamut of Media
vehicles - Print, AV, 0utdoor Promotion/Merchandising vehicles and even
packaging as a vehicle of promotion.
Modifications in Ads, even though carried out in response to CCC
decisions as advised are not cleared or approved by the CCC/ASCI. It is implicit
that such modifications are in observance of the ASCI Code and have been
motivated by the spirit of the Code, not just the letter itself. Such modified
Ads will therefore again be subject to the forces/conventions in the market place
and to the perceptions of the consuming publics.
16, A CCC member who is "interested in the complaint", being an advertiser or an
agency associated with the advertiser, as the complainant or the party complained
against, will not participate in the CCC proceedings and will not be present when
the complaint being discussed. Such interested members will also not be sent
papers relevant to the complaint.
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Ethics in Advertising
CHAPTER IV - COMPARITIVE STUDY OF
‘SELF-REGULATORY CODES IN
ADVERTISING’
IN 5 COUNTRIES
CODES RELATING TO INDIA UNITED
KINGDOM
IRELAN
D
UNITED
STATES
OF
AMERICA
AUSTRALIA
Substantiation
Legality
Decency
Honesty
Truthfulness
Fear & Distress
Safety
Violence & Anti – social Behavior
Protection of Privacy
Testimonials & Endorsements
Prices
Free Offers
Availability of Products
Guarantees
Comparisons
Denigration
Exploitation of Goodwill
Imitation
Identifying advertisers
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Ethics in Advertising
- This sign denotes the presence of the particular point in the code
- This sign denotes the absence of the particular point in the code
Substantiation:
All claims made in the advertisements need to be substantiated by
appropriate evidence, if the self-regulatory body asks evidence.
‘Substantiation’ has been specifically mentioned as a code, in the codes of
India, UK, Ireland and USA. Whereas the codes of Australia doesn’t mention it.
The codes in Australia state that advertising should be truthful honest and
should not mislead or be deceptive. But however they do not state the need of
substantiating your claims with required evidence.
Legality:
An advertisement should not contain anything that breaks the law or incites
anyone to break it, nor omit anything that the law requires.
The ‘legality’ of the advertisement is important according to all countries
and hence all the codes specifically mention the complementary relationship
between the code and the law.
Decency
Advertisements should contain nothing that is likely to cause serious or
widespread offence. Particular care should be taken to avoid causing offence on the
grounds of race, religion, sex, sexual orientation or disability.
All countries except USA, mention ‘Decency’ as a part of their code.
In Australia the codes state that advertisements should treat sex, sexuality
and nudity with sensitivity to the relevant audience and, where appropriate, the
relevant time zone.
Honesty
Advertisers should not exploit the credulity, lack of knowledge or
inexperience of consumers.
All countries mention ‘Honesty’ as a part of their code.
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Truthfulness
No advertisement should mislead by inaccuracy, ambiguity, exaggeration,
omission or otherwise.
All countries mention ‘Truthfulness’ as a part of their code.
Fear and distress
No advertisement should cause fear or distress. Advertisers should not use
shocking claims or images merely to attract attention.
UK and Ireland mention ‘Fear and distress’ as a part of their code.
Safety
Advertisements should not show or encourage unsafe practices except in
the context of promoting safety. Particular care should be taken with
advertisements addressed to or depicting children and young people.
All countries except USA, mention ‘Safety’ as a part of their code.
Violence and anti-social behaviour
Advertisements should contain nothing that condones or is likely to
provoke violence or anti-social behaviour.
All countries except USA, mention ‘Violence’ as a part of their code.
Protection of privacy
Advertisers should not unfairly portray or refer to people in an adverse or
offensive way. Advertisers are urged to obtain written permission before: a
referring to or portraying members of the public or their identifiable possessions.
UK and Ireland mention ‘Protection of privacy’ as a part of their code.
Testimonials and endorsements
Advertisers should hold signed and dated proof, including a contact
address, for any testimonial they use.
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Ethics in Advertising
All countries except Australia, mention ‘Testimonials and endorsements’ as
a part of their codes.
In the Indian codes it is not mentioned directly as a chapter but it states
‘responsibility embraces the advertisement in its entire content and form (including
testimonials and statements or visual presentations originating from other sources)’
Prices
Any stated price should be clear and should relate to the product
advertised. Advertisers should ensure that price match the products illustrated.
UK, Ireland and USA mention ‘Prices’ as a part of their codes.
Free offers
There is no objection to making a free offer conditional on the purchase of
other items. Consumers’ liability for any costs should be made clear in all material
featuring the offer.
All countries except Australia, mention ‘Free offers’ as a part of their code.
Availability of products
Advertisers must make it clear if stocks are limited. Products must not be
advertised unless advertisers can demonstrate that they have reasonable grounds
for believing that they can satisfy demand.
UK and Ireland mention ‘Availability of products’ as a part of their code.
Guarantees
The word ‘ guarantee’ should not be used in a way that could cause
confusion about consumers’ legal rights.
All countries except Australia, mention ‘Guarantees’ as a part of their code.
Comparisons
Comparisons can be explicit or implied and can relate to advertisers’ own
products or to those of their competitors; they are permitted in the interests of
vigorous competition and public information.
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Ethics in Advertising
All countries except Australia, mention ‘Comparisons’ as a part of their
code.
Denigration
Advertisers should not unfairly attack or discredit other businesses or their
products.
UK Ireland and India mention ‘Denigration’ as a part of their code.
Exploitation of goodwill
Advertisers should not make unfair use of the goodwill attached to the trade
mark, name, brand, or the advertising campaign of any other organisation .
All countries except USA, mention ‘Exploitation’ as a part of their code.
Imitation
No advertisement should so closely resemble any other that it misleads or
causes confusion.
All countries except Australia, mention ‘Imitation’ as a part of their code.
Identifying advertisers and recognising advertisements
Advertisers, publishers and owners of other media should ensure that
advertisements are designed and presented in such a way that it is clear that they
are advertisements.
UK and Ireland mention ‘Identifying advertisers and recognising
advertisements’ as a part of their code.
The codes of UK and Ireland are the same except for the sections. UK has
got the most comprehensive code and covers nearly every thing relating ethics in
advertising. The codes of UK are over 65 years old and the codes of most countries
including India are inspired by these codes.
But the codes of USA stress more on Price and how things should be
presented e.g. Asterisk etc. it mainly stresses on honesty and truthfulness and goes
in details stating how to be honest.
However Australia’s codes is just a one page code and misses out on a lot
of factors.
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Ethics in Advertising
CHAPTER V – SUBLIMINAL ADVERTISING –
A VIOLATION OF ETHICS
Ever since advertising existed the debate regarding ethics existed.
Within ethics the most debatable topic is subliminal advertising.
The Advertising industry prides itself on its ability to attract attention to
itself and the products it represents. Its principal purpose, of course, is to sell things
for its clients. But, strangely, it hasn’t been able to shake the murky legend that it’s
burying a lot of disagreeable things, mostly of a sexual nature, in its advertising
campaigns. The advertising business has ridiculed this practice, better known as
subliminal advertising, for decades. Nevertheless, at least three-fourths of the
general adult American population believe that subliminal advertising is purposely
created and used to sell products. Subliminals is also a part of the codes of self
regulation of many European countries.
We all know that the human mind is made up of the conscious,
subconscious and the unconscious. Explained very simply, the subconscious acts
as a recorder, recording all information that comes through our senses, without
actually sifting and choosing, or separating the right from wrong. Often advertising
is intentionally targeted to this subconscious mind through stimuli to weak to be
consciously seen or heard by the conscious mind. It the invades the human
subconsciousness altering our taste, moods, behavioral patterns, morality ….
Changing our entire identity. This advertising is called subliminal advertising.
The word "subliminal" comes from the fusion of two Latin words: "sub"
and "limen." "Sub" meaning "lower than," "beneath," or "under", and "limen"
meaning "threshold". Thus, subliminal advertising is advertising beneath the
threshold of conscious perception. We cannot see it, hear it, or perceive it in any
fashion. Thus, it is believed that one can influence behavior by secretly appealing
to the subconscious mind with words, images, or sounds. If this were true, then
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advertisers could manipulate consumer behavior by hiding subliminal messages in
their ads.
Subliminal communication can be visual or audio:
i) Visually it could be words or pictures flashed across so quickly in a
film or ad film that we don’t consciously remember what we have
seen, or at least think we don’t. For e.g. when we watch a film we
see movement in real time(i.e. as it happens in real life) when 25
frames go past in a single second. In 1956 James Vicary created a
device that would flash the message “Hungry? Eat Popcorn” and
“Thirsty? Drink Coca – Cola” once after every 125 frames, which
is once every 5 seconds during the film. In this theatre in New –
Jersey where this device was used for a period of 6 weeks the
sales of popcorn went up by 57.5 % and that of coke by 18%.
Although people thought they dint see anything it did affect their
behavior.
ii) It could also be pictures, words or symbols placed within
something so that we don’t consciously remember them. For
example each of these sentences has the name of a country hidden
within, which in a single reading and without any clue, people
wouldn’t really detect: Fighting against the strong wind I advanced.
Interpol and FBI have now began working together. There is no
catch in any of these sentences.
iii) It could be words masked by electronic tricks in a manner that we
don’t consciously hear them, or at least we think we don’t. for
example, a medical electronic researcher from Louisiana created a
device called a ‘Little Black Box’ which played a cassette on an
endless loop. This machine was also capable of broadcasting two
messages simultaneously such that one would be clearly audible,
while the other would be at a much lower decibel that it is
perceivable only subliminally. It was used in 37 US Departmental
stores to communicate a message of honesty, where the losses
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incurred from shoplifting were on the rise. The message “Be
Honest – do not steal, I am honest – I will not steal” were repeated
9000 times each day at a lower decibel, audible to the
subconscious. This system saved one company more than
6,00,000$ by reducing its thefts losses by 37% over just a 9 month
period.
A significant percentage (75 to 80 percent) of the U.S. population believes
that advertising agencies and the companies they represent purposely use
subliminal advertising. That is, despite industry claims to the contrary, most people
believe that advertisers engage in the practice of embedding images, words, or
sounds in print, audio, or video advertising media, so that they are not consciously
seen or heard, to help sell their products. These same consumers also believe that
subliminal advertising actually "works”. In fact, consumers spend about 50 million
dollars a year on subliminal self-help products.
Subliminal advertising first came to the public’s attention in 1957, when
Jim Vicary conducted a subliminal advertising strategy i.e. "drink Coca-Cola" and
"eat popcorn" messages. This study was the focus of much public attention.
Consumers were concerned that advertisers could now "trick" them into buying
products with out their knowledge and/or conscious opposition since the
advertising was being conducted at a "subconscious"
Belief in subliminal messaging reached a surreal apex in 1980 with the
publication of The Clam-Plate Orgy and Other Subliminals the Media use to
Manipulate Your Behavior by Dr. Wilson Bryan Key. Key claimed that advertisers
were using subliminal messaging of a very serious sexual nature in order to
manipulate behavior. In a chapter titled "Sex is Alive and Embedded in Practically
Everything", Key says, "Sex is the most frequently embedded word in the
American advertising industry". He claims the one-word cue for lust is hidden in
everything from liquor ads to Ritz crackers, the holes of which he says are
arranged during baking to form several depictions of the letters S, E, X. "Words
such as fuck, cunt, ass, whore, prick, and death are also used frequently as
subliminal triggers to motivate purchasing behaviors", Key explains.
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The book also announced more subliminal sex findings. Key claims that
while carefully examining a Howard Johnson’s menu, he saw that a plate of clams
pictured on the menu was actually the portrayal of a sexual orgy, which included
various people and a donkey. Key suggested that this is only the tip of the iceberg
of a subliminal conspiracy of major proportions. Subliminal stimuli "have been
regularly used in North American media for over twenty-five years without anyone
getting wise to what was going on," he wrote. Commenting on the $20 billion then
spent annually on advertising, he claimed that "an enormous proportion of this
expenditure today is devoted to the research, development, and application of
subliminal stimuli with strong sales or manipulative potentialities".
However critics say it is not possible to advertise to the subconscious mind.
So there are two categories of people i.e. people who think subliminals exist and
people who think it doesn’t exist. But if subliminals does exist and is used by
advertisers, it is a threat to consumers, who would not have control over their
buying habits which is a violation of basic principles of Advertising.
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‘Ethics’ is very subjective topic, what is ethical for one person may not be
ethical for another. The same subjectivity also applies to countries. Factors like
culture taste habits etc influences our perception of ethics.
Ethics in advertising is very important in order to protect the consumers. In
order to safeguard this ethics in advertising through out the world self – regulation
is followed. In India as we have seen the self-regulation authority is Advertising
Standards Council of India (ASCI).
Self – regulation bodies complement the legal framework of the country.
Unlike the censor board the self - regulation body cannot first see the ad and then
give it clearance to be aired. In fact the self – regulation body cannot take any
concrete action against the violators of the code, but the self – regulation bodies
ask the media to stop airing the advertisement. In India some of the members of
ASCI are from the media. When any ad is upheld by ASCI, ASCI informs the
advertiser as well as the media and the media stops the ad from being aired.
In India when an ad is upheld, 80% of the advertisers clarify their claims or
withdraw their advertisements. ASCI as an organisation is very reactive i.e. only if
there is a complaint action will be taken. When there is a complaint against a
certain ad the company is informed and the company makes presentations to the
general secretary of ASCI and then he decides whether the ad is upheld or not.
I have studied cases upheld by ASCI in the last 15 months and I have found
out that most of the complaints were intra – industry complaints and very few were
actually complaints by consumers.
The reason behind this could be:
the typical Indian mentality ‘There are other people who should complaint’ or
‘If I don’t like something I shouldn’t watch it’. or
people aren’t aware that there is an organisation they can report to in case they
find an ad offensive.
ASCI is now working on the fact that people need to be informed. And
ASCI has started advertising both in print and on TV. This should make
advertising more safe.
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More over the awareness should increase, telling people what are the
various aspects that constitute ethics in India. People think ethics in advertising is
all about having decent ads. In India most advertisers follow this; it can be seen
from the fact that there have been only 5 ads upheld under chapter 2 which deals
with decency in content of ad in the last 15 months. The only ad that made a great
deal of news in terms of decency is the very famous “TUFFS”, its still a question
to me whether they purposefully did the ad for publicity i.e. they will make news
after they are caught any way it worked for them. I guess that’s the worst we’ve
had where as abroad there are companies like candies shoes, opium perfume
actually have nudity in their ads and fcuk which is pronounced as fuck got away as
they justified their name as french connection united kingdom. We are doing
extremely well on these fronts with advertisers understanding the Indian culture.
United Kingdom is the oldest in terms of self-regulation and most of the
self regulation codes are inspired by their codes. In my comparison of the codes we
have seen the codes of ASCI are very comprehensive. Only we should improve our
implementation. ASCI should try and be more proactive and first scan the ads and
then give the advertiser the rights to air the ad.
Any way we have got a lot of ethics in advertising as compared to a lot of
countries in the world, where people actually talk of advertising to the
subconscious and no code of decency. As I watched the ads that were said to be the
best ads in the world that is ads from Cannes there were ads that were very
disturbing there was an airline ad which should very disturbing picture of killings
rape etc. and had a head blocking some part of the screen and it said if you were
flying on that airline you wouldn’t miss anything because of a head of the person
sitting ahead of you as you had your own TV on the seat ahead. Looking at these
my conclusion would be ‘Self - regulation in India is working really well’.
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