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Transcript of Unethical Advertisement
Page 1
Title: Unethical Advertisement.
Name of Author: Chaitanya Songirkar.
ABSTRACT
Once the product has been manufactured, price rightly and is distributed, the next task of
the marketer is to inform potential customers about the product and persuade them to buy
the same. There are thousands of products that may satisfy our wants but are not ever
considered by us while making purchase decisions. This happen primarily because of
failure of promotion function.
The promotion efforts are directed at informing potential customers that the right product
is available at the right place and at the right price. The core of promotion is
communication. The promotional communication aims at informing and persuading the
actual or potential customers about the merits of a product with an intention that it gets
their continued patronage or customers try it out when the product is new.
Many companies have ethical advertising policies. Furthermore, the media (i.e. TV,
Radio, Magazines and Newspapers) have governmental and non-governmental
organizations that are suppose to monitor the ethical content of advertisements. In this
paper I want to study (a) whether this control is really maintaining a high level of ethics
in advertising executions; (b) what are the main issues in advertising ethics that should
be dealt with in order to ensure this high ethical level, and (c) if ethics impacts
consumers attitudes and behaviors towards firms that maintain high levels of ethics in
their business and advertisings, which may be reflected in the company's society and
environment.
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Acknowledgement
It a very wonderful moment when we get a chance to show our gratefulness towards
those who have helped us directly or indirectly.
I would like to thank ______________ for giving me the opportunity and guidance to
complete this project. She by her regular academic and guidance lectures always inspires
us to go for new, creative projects; so that we can gain knowledge & can develop our
skills.
Further I thank all my friends who helped me and given me moral support and the
respondents without whom it was impossible for me to complete this project.
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ADVERTISING
Advertising pulls the product by directly appealing to potential customers forms the
channels. Therefore, it is said to build „pull effect‟ in the market.
The following are the important featured of advertising:
1. Reach:
Advertising can reach a large market. As a communication tool it enjoys the benefit of
mass reach. For instance, one commercial aired through All India Radio or Doordarshan
has a potential to reach a very large customer base residing in different parts of the
country. Similarly, one can reach a bigger English reading population by placing an
advertisement in any of the English dailies like The Hindustan times or, The Times of
India.
2. Choice:
Advertising can reach a large market. As a communication tool it enjoys the benefit of
mass reach.. For instance, if one chooses print media, one can choose magazines or
newspapers. Further within each media type its target message more pointedly to a
specific customer group and thereby minimize wastage involved in the communication
process.
3. Legitimacy:
When the products or services are promoted through advertising, the message is
presented publicly to the audience. A publicly advertised product gets legitimacy in the
eyes of the prospects as something, which is standardized. This in some way enhances the
value of the product in the eyes of buying public. We all feel comfortable with products,
which are widely advertised than the products, which do not fall within the knowledge
domain of the market.
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4. Expressiveness:
Advertising provides enough opportunities to dramatize message with the help of
drawings, color, illustrations, sound, pictures, music, etc. this helps the advertiser
achieve enhanced communication effectiveness.
5. Economy:
Since advertising is capable of delivering message to a large audience, its use works out
to be economical. That is the cost of reaching a prospect tends to be much less than other
forms of communication. For instance, the cost of a ten seconds television commercial
during the prime time may be as high as ten lac, but the reach of television the per
prospect exposure would be very low. It is very effective in delivering standardized
message to a large audience.
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BENEFITS OF ADVERTISING
Enormous human and material resources are devoted to advertising. Advertising is
everywhere in today‟s world, so that, as Pope Paul VI remarked, “No one can escape the
influence of advertising”. Even people who are not themselves exposed to particular
forms of advertising confront a society, a culture-other people-affected for good or ill by
advertising messages and techniques of every sort. Some critics view this state of affairs
in unrelieved negative terms. They condemn advertising as a waste of time, talent and
money- an essentially parasitic activity. In this view, not only does advertising have no
value of its own, but also its influence is entirely harmful and corrupting for individuals
and society. We do not agree. The is truth to the criticism, and we shall make criticisms
of our own. But advertising also has magnificent potential for good, and sometimes it is
realized. Here are some of the ways that happens.
1. Economic Benefits of Advertising:
Advertising can play an important role in the process by which an economic system
guided by morals norms and responsive to the common good contributes to human
development. It is a necessary part of the functioning of modern market economies, which
today either exist or are emerging in many parts of the world and which currently seem
to be “the most efficient instrument for utilizing resources and effectively responding to
needs of a socio-economic kind. In such a system, advertising can be useful tool for
sustaining honest and ethically responsible competition that contributes to economic
growth in the service of authentic human development. “The Church looks with favor on
the growth of man‟s productive capacity, and also on the ever widening network of
relationships and exchanges between persons and social groups…From this point of view
she encourages advertising, which can become a wholesome and efficacious instrument
for reciprocal help among men”. Advertising does this, among other ways, by informing
people about the availability of rationally desirable products and services and
improvements in existing ones, helping them to make informed, prudent consumer
decisions, contributing to efficiency and the lowering of prices, and stimulating economic
progress through the expansion of business and trade. All of this can contribute to the
creation of new jobs, higher incomes and a more decent and humane way of life for all. It
also helps pay for the publications, programming and productions.
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2. Benefits of Political Advertising:
Political advertising can make a contribution to democracy analogous to its contribution
to economic well being in a market system guided by moral norms. As free and
responsible media in a democratic system help to counteract tendencies toward the
monopolization of power on the part of oligarchies and special interests, so political
advertising can make its contribution by informing people about the ideas and policy
proposals of parties and candidates, including new candidates not previously known to
public.
3. Cultural Benefits of Advertising:
Because of the impact advertising has on media that depend on it for revenue, advertisers
have an opportunity to extent a positive influence on decisions about media content. This
they do by supporting material of excellent in view, and particularly by encouraging and
making possible media presentations, which are oriented to minorities whose needs,
might otherwise go unserved. Moreover, advertising can itself contribute to the
betterment of society by uplifting and inspiring people and motivating them to act in ways
that benefit themselves and others. Advertising can brighten lives simply being witty,
tasteful and entertaining. Some advertisers are instances of popular art, with a vivacity
and élan all their own.
4. Moral and Religious Benefits of Advertising:
In many cases, benevolent social institutions, including those of a religious nature, use
advertising to communicate their messages-messages of faith, of patriotism, of tolerance,
compassion and neighborly service, of charity toward the needy, messages concerning
health and education, constructive and helpful messages that educate and motivate
people in variety of beneficial ways.
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OBJECTIONS TO ADVERTISING
Is advertising a Social Waste? Advertising is often criticized as a wasteful activity and an
unnecessary evil. Its critics offer the following arguments to prove their contention:
1. Multiplication Of Needs:
Advertising multiplies the needs of the people by inducing them to buy even those things,
which are not required by them. Since an advertisement is continuously repeated, it
creates a desire in the mind of people to buy the advertised product. Some critics have
also pointed out that advertising promotes materialistic values when it creates a desire
among people to produce luxurious goods.
2. Burden On The Buyers:
the amount of money spent by an advertiser on his product‟s advertisement is added to
the distribution cost of the product. Thus, the customers have to pay more for the product
advertised.
3. Creation Of Confusion:
The confused when they are exposed to excessive advertising of certain products. For
instance, different models of TVs of a large number of brands are advertised which
makes it difficult for a buyer to make a choice of the right T.V. Similarly, there are so
many brands of beauty soaps, detergents, tooth- pastes etc.
4. Creation Of Monopoly:
Advertising may lead to monopoly of a brand. It is argued that the big manufacturers
who can afford large amount of money on advertising can create brand monopoly and
eliminate the small producers. Advertising may lead to other malpractices such as sale of
inferior and dubious products. Innocent people act on advertisement thinking them to be
true, but the reality is different.
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5. Wasteful Expenditure:
Advertising does not always increase the demand of the product. When the demand is
inelastic, advertising shifts demand from one product to another. That means a large
amount of money spend on advertising by the manufacturers goes waste. It has also been
observed that a large number of advertisements either escape the attention of the people
or are ignored by them.
6. Socially Undesirable:
Sometimes, advertising undermines ethical and aesthetic values. It may make the people
start bothering for appearance and design of the product rather than the physical utility.
Some advertisers also use indecent language and photographs to advertise their products
which are highly objectionable from the society‟s point of view.
DYING TO BE NOTICED
Thus advertisers and admen are increasingly under the fire for upsetting the socio-
religious and sensibilities of the consumers. Unfortunately, things are looking only worse
day by day. With slashing down of the ad budget and with the business slumping,
everyone is even more desperate to stand out in a hurry, to boost short term sales or to
win the awards. Their slogan is „Love it or Hate it or think it offensive, but you have to
notice it.‟ Advertising is criticized because selling carries a stigma. Centuries ago,
Anacharis had said, “The market is the place set aside where men may deceive each
other.” Even to the date, despite the risk in consumerism and efforts to counter market
deception, buyers are still gullible and are not particularly on guard against deception.
To create and impact, the advertisers pit creative message-makers against blasé
sophisticates, hardened by thousands of commercials. The objective is to cut through the
clutter, to grip ones attention and to create an impression that lingers on in the memory
of the prospective buyers. While doing so, they create desires, shape attitudes, mould
temperaments, after social values and raise many ethical questions, to which there is no
answer. The measure of the advertisings‟ success is the extent to which it increases
demand. Competitions or the declining profits can blow good intention out of the
boardroom. Under such circumstances, the perceptive shifts from what is the best in the
long-run for the society to what is best in the short-run for the company. Ethics, the
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advertisers say, is fine for the secure, but a greater market share is all the slipping
company needs!
VARIOUS ACTS HAVING CONTROL ON ADVERTISEMENTS
All those engaged in advertising are strongly recommended to familiarize themselves
with the legislation affecting advertising in this country, particularly the following Acts
and the Rules framed under them:
1. Drugs and Cosmetics Act, 1940
2. Drugs Control Act, 1950
3. Drugs and Magic remedies (Objectionable Advertisement) Act, 1954.
4. Copyright act, 1957.
5. Trade and Merchandise marks Act, 1958
6. Prevention of food Adulteration Act, 1954.
7. Pharmacy Act, 1948
8. Prize competition Act, 1955.
9. Emblems and names (Prevention of Improper Use) Act, 1950.
10. Consumer Protection Act, 1986.
11. Indecent Representation of women (Prohibition) Act 1986
12. AIR/Doordarshan Code.
13. Code of Ethics for Advertisement in India issued by the Advertising Council of India.
14. Code of Standards in relation to the advertising of medicines and treatments.
15. Standards of practice for Advertising Agencies.
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ADD AREAS UNDER SCRUTINY OF ETHICS
Advertising ethics affects the practice of our lives and also the practice of business, in
subtle and prominent ways. Indeed, ethics in ads concern us all in one way or the other.
The areas under scrutiny of the critics are as follows:
TYPES OF ADS
Ads for sex related products
Instead of making people aware of the necessity of safe sex and the benefits of birth
control, condom ads continue to intrigue the youngsters with the unique feel it has to
offer.
Ads for health care and professional services
The slimming centers that promise miraculous weight reduction, the cosmetic surgery
clinics that assure permanent solution to beauty problems.
Ads for vices with fatal effects
Tobacco chewing ads, commercials of alcoholic beverages are there that tempt the non-
alcoholics to have a sip.
TYPES OF APPEALS
Use of questionable appeals
The ads that bank on the fear and negative appeal like neighbors‟ envy, jealousy, feud
between daughter-in-law and mother-in-law etc.
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Stereotypical appeals
Sexual or racial stereotyping is there. There are the Ads that imply that a woman,
whether in kitchen or in the boardroom, ought to look sensuous and inviting under any
circumstances. That fairness creams stereotype the dusky women as socially less desired
for marriage.
LARGER EFFECTS ON THE SOCIETY
Value formation
Advertisements responsible for molding society, material wants. The ads displaying
scantily clad female models commoditize women. The deluge of the ads increase ones
propensity of consumption makes one feel that possessing a certain commodity is
essential to show that one belongs to the higher echelon of the society.
Media content. Information content of the ads that suggest the use of the preserved food
items do that without the slightest mention of the face that many of these preservations
have been proved to have carcinogenic effect.
Use of deception
The ads of brands that conceal their negative aspects are there in large numbers. The ads
of cosmetics that say nothing about the long-term effects of regular usage of their
products, the ads of the educational institution that wrongly claim to give 100%
placements to its students are found in abundance.
Advertising targeting children and adolescents
The ads that target the vulnerability of the children and adolescents create role models
whom the kids are expected to emulate and thus, they shape their dreams and aspirations
in an unbecoming way.
ADVERTISERS CONCERN
Voice/Tone of the ad
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Comparative ads that thrive on inflicting vitriolic attacks on their rivals; copying the idea
in the ad world is another such menace.
Impediments to research: The impediments to research on advertising ethics are
identified as follows:
Lack of practitioner interest
Research is impeded by the inapplicability of published findings to business operations,
the disinterest of the corporations in sponsoring research on ad ethics and the funding
constraints that cause researchers to rely on a convenience sample.
Lack of sound measures and framework
Research is impeded by the lack of psychometrically-sound measurement scales and the
theoretical frameworks in advertising/marketing.
Lack of relevant theories in related disciplines
Research is impeded by theoretical shortcomings in anthropology, management,
philosophy, psychology, sociology and advertising/marketing.
Lack of academic interest
Research is impeded by lack of a journal editor and the difficulty researchers‟ face when
they try to relate ethical issues to traditional advertising issues. Unethical ads are often
found to have negative consequences, ranging from adverse publicity to diminished
corporate reputation to consumer boycotts and even legal sanctions.
Page 13
WHY BE ETHICAL?
At the 83rd Annual management Conference of the American Association of Advertising
Agencies, Keith Reinhard, the 64 yrs old chairman and the chief executive of the US $15-
bollion DDB worldwide Communications Group, stood up to quote the legendary co-
founder of DDB, Bill bernback: “ All of us who professionally use the mass media are the
shapers of the society. We can vulgarize that society. We can also brutalize it or we can
help lift it onto a higher level.” No, Reinhard is not against the edgy and the
unconventional rather he is against prurient sex, filthy humor and the violence.
By making a success story out of the ads that are offensive to the public decency, the
message is disturbingly clear: more rude and shocking you can be, more successful you
can and you will be in the advertising. Moreover, such ads send out faulty signal to the
youngsters who represent the future of our society. The young creative directors who take
pride in their eccentric thought process ought to be blamed for this. The ad award
machineries from Cannes to Clios are the ones that place such creations on the pedestal.
Passion is the most important ingredient in creative achievement. But, its flames need not
to be necessarily leaped out for obscenity, bullets and falsehoods alone. It is essential to
reinforce the virtue of positive passion in today‟s ad world. The need of ethics in
advertising is essential as we have a duty to live a good moral life. This duty is as much
applicable to our business lives as to our private lives. The marketing professionals also
know that the ethics brings good business. Unethical ads are often found to have negative
consequences ranging from adverse publicity to diminished corporate reputation and to
the consumer boycotts and even the legal sanctions. Conversely, an ethical ad can
contribute to a good corporate reputation, heighten morale and thus can increase
repeated business.
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THE CODE
GENERAL RULES OF CONDUCT IN ADVERTISING
• Advertising shall be designed as to confirm to the laws of the country and should not
offend against morality, decency and religious susceptibilities of the people.
• No advertisement shall be permitted which:-
i. Derides any race, caste, color, creed and nationality.
ii. Is against any of the directive principles or any provision of the constitution of
India.
iii. Tends to incite people to crime, cause disorder or violence, or breach of law or
glorifies violence or obscenity in any way.
iv. Presents criminality as desirable.
v. Adversely affects friendly relations with foreign states.
vi. Exploits the national emblem, or any part of the constitution or the person or
personality of a national leader or state Dignitary.
vii. Relates to or promotes cigarettes and tobacco products, liquor, wines and other
intoxicants.
• No advertisements message shall in any way be presented as NEWS.
• No advertisements shall be permitted the objects whereof are wholly or mainly of
religious or political natures; advertisement must not be directed towards any religious
or political end or have relation to any industrial dispute.
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• Advertisements for services concerned with the following shall not be accepted:-
i. Money lenders.
ii. Chit funds.
iii. Saving schemes and lotteries other than those conducted by Central and State
Government organizations, nationalized or recognized banks and public sector
undertakings.
iv. Unlicensed employment services.
v. Matrimonial Agencies.
vi. Fortune tellers or sooth-sayers etc. and those with claims of hypnotism.
vii. Foreign goods and foreign banks.
viii. Betting tips and guide books etc. related to horse-racing or the other games of
chance.
• The items advertised shall not suffer from any defect or deficiency as mentioned in
Consumer Protection Act 1986.
• No advertisement shall contain references which are likely to lead the public to infer the
product advertised or any advertised or any of its ingredients has some special
miraculous or super-natural property or quality, which is difficult of being proved, e.g.
cure for baldness, skin whitener, etc.
• No advertisement shall contain the words „Guarantee‟ or „Guaranteed‟ etc., unless the
full terms of the guarantee are available for inspection by the Directorate General. All
India radio, are clearly set out in the advertisement and are made available to the
purchaser in the writer at the point of the sale or with the goods; in all cases , terms must
include details of the remedial action available to the purchaser. No advertisement shall
contain a direct or implied reference to any guarantee which purports to take away or
diminish the legal rights of the purchaser.
• Advertisers or the agents must be prepared to produce evidence to substantiate any
claims or illustrations. The Director General reserves the right to ask for such proofs and
Page 16
get them examined to his full satisfaction. In case of goods covered by mandatory quality
control orders, the advertiser shall produce quality certificate from the institutions
recognized by the Government for this purpose.
1. Advertisements shall not contain disparaging or derogatory references to another
product or service.
2. Testimonials must be genuine and used in a manner not to mislead the listeners.
Advertisers or Advertising Agencies must be prepared to produce evidence in
support of their claims.
3. No advertisement of any kind of jewelry (except artificial jewelry) or precious
stones shall be accepted.
4. Information to consumers on matters to weight, quality or prices of the products
were given shall be accurate.
5. Advertisements indicating price comparisons or reductions must comply with
relevant laws.
6. No advertisements shall be accepted with violates AIR Broadcast Code. Any such
effects which might startle the listening public must not be incorporated the
advertisements. For example, and without limiting the scope, the use of the
following sound effects will not be permitted:
Rapid gunfire or rifle shots.
Sirens.
Bombardments.
Screams.
Raucous laughter and the like.
• Any pretence in advertising copy must be avoided and such copy shall not be accepted
by All India radio. The „simulation‟ of voices of a personality in connection with
advertisements for commercial products is also prohibited unless bonafide evidence is
available that such personality has given permission for the simulation and it is clearly
understood that station broadcasting such announcements are indemnified by the
advertiser or advertising agency against any possible legal action.
• No advertising for a product or service shall be accepted if it suggests in any way that
unless the children themselves buy or encourage other people to buy the products or
services, they will be failing in their duty or lacking in loyalty to any person or
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organization.
• No advertisements shall be accepted which leads children to believe that if they do not
own or use the product advertised they will be inferior in some way to the other children
or that they are liable to the condemned or ridiculed for not owing or using it.
• No advertisement likely to bring advertising into contempt or disrepute shall be
permitted. Advertising shall not take advantage of the superstition or ignorance of the
general public.
• No advertising of talismans, charms and character-reading from photographs or such
other matter as well as those which trade on superstition of general public shall be
permitted.
• Advertisement shall be truthful, avoid distorting facts and misleading the public by
means of implications by false statements, as to:
1. The character to merchandise, i.e. its utility, materials, ingredients, origin etc.
2. The price of the merchandise, its value, its suitability or terms of the purchase.
3. The services accompanying purchase, including delivery, exchange, return,
repair, upkeep etc.
4. Personal recommendations of the article or the service.
5. The quality or the value of the competing goods or trustworthiness of statement
made by the others.
• Testimonials from any kind from experts etc. other than Government recognized
standardization agencies shall not be permitted.
• No advertisement shall be permitted to contain any claim so exaggerated as to lead
inevitably to disappointment in the minds of the public.
Methods of advertising designated to create confusion in the mind of the consumer as
between goods by one maker and another maker are unfair and shall not be used. Such
methods may consist in:
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i) The imitation of the trademark of the name of the competition or packaging of labeling
of goods or;
ii) The imitation of advertising devices, copy, layout or slogans.
• Indecent, vulgar, suggestive, repulsive or offensive themes or treatment shall be avoided
in all advertisements. This also supplies to such advertisements which themselves are not
objectionable as defined above, but which advertise objectionable books, photographs or
other matter and thereby lead to their sale and circulation.
• No advertisement in respect of medicines and treatments shall be accepted which is in
contravention of the code relating to standards of advertising medicines and treatments.
Note 1: In all other respect, The Director general will be guided for purposes of
commercial broadcasting in All India radio by code of Ethics for Advertising in India as
modified from time to time.
Note 2: Notwithstanding anything contained herein, this code is subject to such
modification/ directions as may be made/issued by the Director General from time to
time.
Note 3: All advertising agencies shall adhere to the standards of practice as prescribed
by Advertising Agencies Association of India, Bombay.
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PROCEDURE FOR THE ENFORCEMENT OF THE CODE
1. Complaints or reports of contraventions of the code, received by All India Radio may
in the first instant be referred by Director General to Advertiser‟s Association concerned
with request for suitable action.
2. If complaints under the code can‟t be satisfactory resolved at Association-(s)‟s level,
they shall be reported to Director General who will then consider suitable action.
3. For any complaints under the Code received by All India Radio concerning a party
outside the preview of various member Association(s), the director General will draw
attention of such party to the complaint and where necessary, take suitable action on his
own.
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CODE OF STANDARDS IN RELATION TO THE ADVERTISING OF
MEDICINES AND TREATMENT
This code has been drafted for the guidance of advertisers, manufacturers, distributors,
advertising agents, publishers and suppliers or various advertising media. The harm to
the individual that may result from exaggerated, misleading or unguaranteed claims
justified the adoption of a very high standard and the inclusion of considerable detail on
a code to guide those who are concerned with this form of advertising. Newspaper and
other advertising media are urged not to accept advertisements in respect of any other
product or treatment from any advertiser or advertising or publicity relating to that
product or treatment. The provisions of this code do not apply to an advertisement
published by or under the authority of a Government, ministry or Department, not to an
advertisement published in journals circulated to registered Medical Practitioners,
registered Dentists, Registered Pharmacists or Registered Nurses.
GENRAL PRINCIPLES:
1. Cure: No advertisement should contain a claim to cure any ailment or symptoms of ill-
health, not should any advertisement contain a word or expression used in such a form or
context as to mean in the positive sense the extirpation of any ailment, illness or disease.
2. Illness, properly requiring medical attention: No advertisement should contain any
matter which can be regarded as offer of medicine or product for, or advice relating to
treatment of serious diseases, complaints, conditions, indications or symptoms which
should rightly receive the attention of a Registered Medical practitioner.
3. Misleading or exaggerated Claim: No advertisement should contain any matter
which directly or by implication misleads or departs from the truth as to the composition,
character or action of the medicine or treatment advertised or as to its suitably for the
purpose which it is recommended for.
4. Appeals for fear: No advertisement should be calculated to induce fear on the part of
the reader that he is suffering, or may without treatment suffer from an ailment, illness or
disease.
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5. Diagnosis or treatment by correspondence: No advertisement should offer diagnose
by correspondence diseases, conditions or any symptoms of ill-health in a human being
or request from any person or a statement of his or any other person‟s symptoms of ill-
health with a view to advertising as to or providing for treatment of such conditions of ill-
health by correspondence, nor should any advertisement offer to treat by correspondence
any ailment, illness, disease or symptoms thereof in an human being.
6. Disparaging reference: No advertisement should directly or by implication disparage
the products, medicines or treatments of another advertiser or manufacturer or
registered medical practitioner or the medical professionals.
7. College, clinic, institute, and laboratory: No advertisement should contain these or
similar terms unless an establishment corresponding with the description used does in
fact exists.
8. Doctors, hospitals etc.: No advertisement should contain any reference to doctors or
hospitals, whether Indian or foreign unless such reference can be sustained by
independent evidence and can properly be used in the manner proposed.
9. Products offered particularly to women: No advertisement of products, medicines,
and treatments of disorders or irregularities peculiar to women should contain
expression which may imply that product, medicine or treatment advertised can be
effective in inducing miscarriage.
10. Family Planning: Advertisements for measures of or apparatus concerning family
planning would be permissible in so far as they conform to the generally accepted
national policy in this behalf.
11. Illustrations: No advertisement should contain illustration which by itself or in
combination with words used in connection there with is likely to convey a misleading
impression, or if the reasonable reference to be drawn from such advertisement infringes
any of the provisions of the code.
12. Exaggerated copy: No advertisement should contain copy which is exaggerated by
reason of improper use of words, phrases or methods of presentation e.g., the use of
word‟s magic, magical, miracle and miraculous etc.
13. Natural remedies: No advertisement should claim or suggest contrary to the fact
that the article advertised is in the form in which it occurs in nature or that its value lies
in its being a natural product.
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14. Special claim: No advertisement should contain any reference which is calculated to
lead the public to assume that the article, product, medicine or treatment advertised has
special property or quality which is in fact unknown or unrecognized.
15. Sexual weakness, premature ageing, and loss of virility: No advertisement should
claim that the product, medicine or treatment advertised will promote sexual virility or be
effective in treating sexual weakness or habits associated with sexual excess or
indulgence or any ailment, illness or disease associated with those habits. In particular
such terms as „Premature ageing‟, „loss of virility‟ will be regarded as conditions for
which medicines, products, appliances or treatment may not be advertised.
16. Slimming, weight reduction or limitation or figure control: No advertisement
should offer any medical product for the purpose of slimming, weight reduction or
limitation or figure control. Medical products intended to reduce appetite will usually be
regarded as being for slimming purposes.
17. Tonics: The use of this expression in advertisements should not imply that the
product or medicine can be used in the treatment of sexual weakness.
18. Hypnosis: No advertisement should contain any offer to diagnose or treat complaints
or conditions by hypnosis.
19. Materials for students: Materials meant for distribution in educational institutions
must not carry advertisement of anything other than those of value to students.
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RESEARCH METHODOLOGY
Research can be defined as a systemized effort to gain new knowledge. A research is
carried out by different methodologies which have their own pros and cons. Research
methodology is a way to solve research in study and solving research problems along
with logic behind them are defined through research methodology. Thus while talking
about research methodologies we are not only talking of research methods but also
consider the logic behind the methods. We are in context of our research studies and
explain why it is being used a particular method or technique and why the others are not
used. So that research result is capable of being evaluated either by researcher himself
or by others.
ASSUMPTIONS:
1. It has been assumed that sample of 30 ad viewers represents the whole population.
2. The information given by the ad viewers is unbiased.
COLLECTION OF DATA:
This research is based on
(a) primary research done by means of questionnaires targeted to ad viewers. The sample
size is 30. Survey has been conducted in Dombivli.
(b) Case studies related to unethical advertisements.
(c) Referred Various Books & links
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CASE STUDIES
(a) NIMBUS CASE
On Februrary14, 2007, the Information and Broadcasting Ministry of India issues a
showcase notice to Nimbus Communication (Nimbus), a private broadcaster, for showing
ads that were alleged to be racist during the India-West Indies cricket series that were
held between January 21 and January31,2007. the Ministry alleged showed West-Indies
in poor light. Nimbus‟ Neo Sports (NEO) had the telecast rights for India-West Indies
and the India-Srilanka series in India. In January 2007, Nimbus launched an ad
campaign with the pay-off line 'Its tough being a West Indian in India'. One of these ads
showed a West Indian, desperately searching for some water to drink as he is unable to
handle the spicy Indian food, but the Indians put their fingers and dentures into the water
to deny him from having a drink. Another ad showed a boatman taking a West Indian
couple on a boat-ride. Upon reaching the middle of the lake, the boatman throws off the
oars into the lake and disrobes (giving the impression that there would be an assault on
the girl), then, jumps into the lake leaving the couple stuck in the center of the lake.
Media experts opined that what Nimbus thought was a creative way of showing the
competitive spirit in India, and create hype around its new channel, had actually trod a
fine line between creative advertising and respecting ethical sensibilities. Some critics
felt that the two ads shown in the campaign were in bad taste and offensive as it showed
people being mistreated on the basis of nationality/color. The ads were also criticized for
showing Indians in bad light as India was known for its hospitality.
Atithi Devo Bhava or 'The Guest is God' is ingrained in the Indian culture and the Indian
Tourism Ministry had adopted this slogan as part of their 'Incredible India campaign'.
The ads that showed Indians putting tourists in trouble was clearly not in sync with this
communication.
A public interest litigation (PIL) was filed against Neo, which demanded that Neo pay Rs
2 billion as 'damages' to the Union Government for hurting the "Indian pride and
sentiments". The Advertising Standards Council of India's (ASCI) too received
complaints against the ads. Nimbus had defended its ads and denied the allegations of
racism.
Page 25
It said the idea behind the ads was 'light hearted'. Some ad experts too supported this
view and said that the ads was designed to make the audience laugh by showing the
competitive spirit and passion for cricket in India in a creative way. In fact, the ad
agency that created these ads, Ogilvy & Mather (O&M), was highly regarded for its
creative advertising and had consistently won awards for creative excellence in
advertising. For instance, in March 2007, it had won the 'Creative Agency of the year'
award in the coveted 40th Annual Abby Awards, with a tally of 20 Golds, 47 Silvers and
2 Special Gold. O&M too defended the ads and pointed out that though ASCI had asked
Neo to stop airing the first ad, it had cleared its other ads including ads in another
similar campaign with pay-off line 'Now, even Sri Lankans will have a tough time in
India'. There was also no mention of racism by ASCI at that time.
The government had deferred any action till the outcome of the PIL on the related issue.
If the charges were proved, Neo could face a minimum 30-day ban and even risked losing
its uplinking-downlinking license. By and large, analysts felt that ad campaign was
misconceived and badly executed. Some felt that for a newly established channel like
Neo, which was trying to widen its viewer base, taking such risks was unwarranted.
However, some analysts felt that the government should stay away from this issue and
allow audience reactions and self-regulation to act as control mechanisms.
Page 26
(b) CONDOMS RELATED CASE
It is common knowledge that advertisements related to sex sell. But who is going to sell
safe sex and how? That remains a complicated and tricky question. Unfortunately,
contraceptive advertisements generate controversies and they are removed from the
airwaves for one reason or another. Recently, an advertisement of flavored condoms
indirectly urged couples to have fruit-flavored oral sex. The ad showed a woman biting
into a strawberry and licking chocolate off her fingers. The Censor Board balked at the
advertisement and registered a complaint with the Advertising Standards Council of
India (ASCI). The ASCI got the ad removed claiming that it was "vulgar". While many of
those who were interviewed at the time agreed that condom advertisements needed to be
aired on TV, there was no consensus on how the ad should feature the product and when
it should be aired. Media reports quoted the condom manufacturer's clarification that
flavored condoms were not a promotion for oral sex; that they were being projected as
an alternative choice for couples who dislike the smell of latex. In the meantime, the
world's second most populated country is on the verge of an AIDS epidemic. Can Indians
afford to be shy about sex and contraception? In urban settings, people seem to know that
condoms, if used properly, can deter the spread of HIV/AIDS and prevent pregnancy. Yet,
condoms are bought (if at all) with a blush that spreads across the shop. They are bought
under cover of night, anonymity or, maybe, even disguise.
Advertisements are seen as an effective means of mass communication; but when it comes
to condoms, they seem to be failing in their basic function. It becomes a dangerous
failing in a situation where information marks the difference between safety and fatality.
Page 27
QUESTIONNAIRE
Dear Sir/Madam,
I‟m conducting some research concerning the public's opinion about the level of ethics. In order
to answer these questions, I need your help. Following to this is a short questionnaire. I would
really appreciate your help in completing and returning it. Your responses are extremely
valuable and will help me gain a better understanding of the issues of advertising ethics.
I assure you that the information you provide will be kept strictly confidential and combined with
all other responses so that no individuals can be identified. In addition, your name and/or
e-mail address will remain in the highest levels of anonymity and privacy, and will not be given,
sold or otherwise distributed to anyone, being destroyed from our records immediately after your
questionnaire is gathered.
Please take a few minutes now to complete and return the questionnaire.
Thank you very much for your help.
-----------------------------------------------------------------------------
Please complete the following fields:
Name :_________________________________________________
Age :___
City of residence :_________________
Gender (M/F) :___
Education Level (Elementary / High School / University / Post-Graduate):____________
Email Address :________________________________________
Please answer the following questions by placing an "x" in the appropriate space:
"Businesses have responsibilities with society that go beyond job creation."
1. Strongly agree (__) 2. Agree (__) 3. No Opinion (__)
4. Disagree (__) 5. Strongly Disagree (__)
"It is possible for a business to be both ethical and profitable."
1. Strongly agree (__) 2. Agree (__) 3. No Opinion (__)
4. Disagree (__) 5. Strongly Disagree (__)
"Advertising shows an accurate view of reality."
1. Strongly agree (__) 2. Agree (__) 3. No Opinion (__)
4. Disagree (__) 5. Strongly Disagree (__)
"Advertising helps to shape society's views of the world and itself."
1. Strongly agree (__) 2. Agree (__) 3. No Opinion (__)
4. Disagree (__) 5. Strongly Disagree (__)
Page 28
How do you view the level of ethics in general advertising?
1. Very High (__) 2. High (__) 3. Average (__)
4. Low (__) 5. Very Low (__)
Whose responsibility is it to deal with the unethical ads?
(please mark with an "x", as appropriate)
01. Businesses (__)
02. Non-Profit Organizations (__)
03. Government (__)
04. Non-Government Organizations (NGOs) (__)
05. Schools and Universities (__)
06. General Public (__)
07. Other - Please cite:___
Which of the following issues in general advertising would you consider being unethical?
(please mark by placing an "x" in the appropriate place(s))
1) 03. Ads for medical products and services (__)
2) 05. Ads for professional services (lawyers, doctors, etc.) (__)
3) 06. Ads for workers to replace striking workers (__)
4) 09. AIDS-awareness ads (__)
5) 10. Alcoholic beverage, Cigarette and tobacco ads (__)
6) 17. Comparative advertising (__)
7) 18. Condom ads (__)
8) 29. Lack of truth (__)
9) 32. Negative political ads (__)
10) 46. Use of sexual themes in ads (__)
Page 29
Please answer the following questions by placing an "x" on the appropriate space:
Have you ever decided not to buy a product/service due to an advertisement that you
perceived as unethical?
Yes (__)
No (__)
In the future, would you refrain from buying a product/service because you perceive its
advertisements as unethical?
Yes (__)
No (__)
Would you invest in a fund/company with high ethical standards if it presented slightly
lower returns than a fund/company with low ethical standards?
Yes (__)
No (__)
Thank you very much for your cooperation!!
Page 30
CONCLUSION
While looking at advertisements with different perspective and interacting with people I
observed that, despite of various laws and control agencies, every day we encounter with
unethical advertisements, ex. many news paper promotes ads for slimming pills etc. but
we are too used to these ads that we hardly notice it. Many people think that only sexual
overtness is unethical. Few of them don‟t even know that advertising of medical products
and services is not allowed.
Most of the people think that Government & business houses are responsible for ethics in
advertisement. Very few of them consider their role in controlling unethical
advertisements.
There is nothing intrinsically good or intrinsically evil about advertising. It is a tool, an
instrument. It can be used well and can be used badly as well. It‟s up to us, how we use
this tool !
“It‟s truly said that judicious use of advertising can stimulate the developing countries to
improve their standard of living. But the serious harm can be done if advertising and the
commercial pressure become so irresponsible that communities seeking to rise from
poverty to a reasonable standard of living are persuaded to seek this progress by
satisfying wants that have been artificially created. The result of this is that they waste
their resources and neglect their real needs and genuine development falls behind.”
Page 31
BIBLIOGRAPHY
Chhabra. T.N.-- “Business Studies” p.p.323-326. Arya publications.
Gupta. Sen. Subruto-- “Brand Positioning”. Tata Mc Graw-hill Publishing Company
Limited.
Kotler. Philip-- “Marketing Management”. Prentice-Hall of India Private Limited.
McCarthy. E. Jerome-- “Essentials of Marketing”. Irwin Publications.
Moriary. Burnet. Wells-- “Advertising”. Pears on Education Pte. Ltd.
Hindustan times, “Balancing creativity and ethics in advertising”, February 14,2007
www.Advertising.about.com
www.Aef.com
www.Icmrindia.org
www.Rubak.com