MxMIndia

Tag: ASCI

  • To help endorsers avoid making misleading claims in advertisements

    ASCI launches Endorser Due Diligence service

    By Our Staff

     

    The Advertising Standards Council of India (ASCI) has launched an Endorser Due Diligence service to help endorsers avoid making misleading claims in advertisements. Service will provide guidance from highly-qualified specialists from over 20 disciplines.

     

    ASCI has established a panel of experts, from over 20 disciplines, ranging from advertising regulation and legal, ayurveda, microbiology, electronics, market research, nutrition, dentistry, product formulations, financial services, and so on. The panel will assess the representations, statements, and claims in the advertisement from a consumer and technical perspective, examine the evidence in support of the claim where necessary, and thereby help the endorser conduct their due diligence. The advertisements can be sent to ASCI at any stage, including pre-production. This ensures that the endorser can do their independent due diligence before the advertisement is produced.

     

    Said Subhash Kamath, Chairman, ASCI: “Endorsers, particularly celebrities have a huge fan following and they enjoy the trust of millions of consumers. There is therefore a direct moral and now, legal responsibility that they bear to ensure that they do not make representations in ads that could be considered misleading. ASCI has always required celebrities to be mindful of what they endorse in advertisements, and now the law too, requires them to do due diligence in this regard.”

     

    Adds a communique: “Similar to the Advertising Advice service offered by ASCI, Endorser Due Diligence will be confidential and non-binding and will be issued in the name of the endorser.”

     

    Added Manisha Kapoor, Secretary-General ASCI: “Endorsers may not always be experts when it comes to the products they push and the claims they make. The law makes endorsers liable for the advertisements they appear in, hence Endorser Due Diligence becomes a critical need. ASCI’s service that is speedy, confidential, and based on the assessment of a multi-disciplinary panel can help endorsers do their due diligence in a timely and comprehensive manner, ensuring that consumers are not misled and that the endorser too, fulfills their legal obligations.

     

     

  • These will be applicable to all virtual digital asset-related ads released on or after April 1, 2022

    ASCI frames guidelines for virtual digital assets & services

     

     

    By Our Staff

     

    The Advertising Standards Council of India (ASCI) has announced guidelines for virtual digital asset advertising.

     

    The guidelines will be applicable to all advertisements released or published on or after the April 1, 2022. Advertisers and media owners must also ensure that all earlier advertisements must not appear in the public domain unless they comply with the guidelines, post the April 15.

     

    Subhash Kamath
    Subhash Kamath

    Said Subhash Kamath, Chairman of ASCI: “We had several rounds of discussion with the government, finance sector regulators, and industry stakeholders before framing these guidelines. Advertising of virtual digital assets and services needs specific guidance, considering that this is a new and as yet an emerging way of investing. Hence, there is a need to make consumers aware of the risks and ask them to proceed with caution”.

     

    These guidelines interpret, for virtual digital assets, Chapter 1 of the ASCI code, particularly clauses 1.1, 1.4 and 1.5. that require ads to be truthful, and not mislead consumers by implication, ambiguity, exaggeration or omission, and are not framed in a way that abuses their trust or exploits their lack of knowledge.

     

    It is important to note that these guidelines do not amount to any legal recognition or endorsement of the industry or the sector, as that is a matter of government policy. ASCI only provides self-regulation for content of ads that are permitted by law.

     

    Manisha Kapoor
    Manisha Kapoor

    Added Manisha Kapoor, Secretary General, ASCI: “We have seen a spate of advertising for virtual digital assets which could compromise consumer interest in the absence of some guardrails. Use of celebrities and high decibel advertising would attract consumers to these offerings, without full disclosure of the risks. Given that this is, as of now, an unregulated space, it is even more important for advertising to be upfront regarding the risks associated with these products. Globally, this is an emerging technology and products in the virtual digital asset industry have seen significant volatility.  We believe with these guidelines, advertisements would be fairer and more transparent.

     

    All advertising for virtual digital assets and services needs to follow the following guidelines:

    (1.1) All ads for VDA products and VDA exchanges, or featuring VDAs, must carry the following disclaimer.

    “Crypto products and NFTs are unregulated and can be highly risky. There may be no regulatory recourse for any loss from such transactions.”

    Such a disclaimer must be made in the following manner so that it is PROMINENT and UNMISSABLE by an average consumer:

     

    (a) In print or static, equal to at least 1/5th of the advertising space at the bottom of the advertisement in an easy-to-read font, against a plain background, and to the maximum font size afforded by the space.

    (b) In video, the disclaimer should be placed at the end of the advertisement against a plain background.  A voice over must accompany the disclaimer in text. The voiceover should be at a normal speaking pace and must not be hurried. In the case of long format video of over two minutes, the said disclaimer should be repeated at the beginning and at the end of the video. The disclaimer must remain on screen for a minimum of five seconds.

    (c) In audio, the disclaimer must be spoken at the end of the advertisement. The voiceover should be at a normal speaking pace and must not be hurried.  In the case of long format audio of over 90 seconds, the said disclaimer should be repeated at the beginning and at the end of the audio.

    (d) In social media posts, such a disclaimer must be carried in both-  the caption as well as any picture or video attachments. The disclaimer within the caption must be placed upfront at the beginning of the post. Where social media posts. or advertisements  have restrictions on text in the static picture, the disclaimer must be carried upfront in the caption before the fold.

    (e) In disappearing stories or posts unaccompanied by text, the said disclaimer will need to be voiced at the end of the story in the manner laid out in points (a) or (b) above. If the video is 15 seconds or lesser, then the disclaimer may be carried in a prominent and visible manner as an overlay.

    (f) In formats where there is a limit on characters, the following shortened disclaimer must be used “Crypto products and NFTs are unregulated and risky” followed by a link to the full disclaimer.

    (g) The disclaimer must be made in the dominant language of the advertisement

    (h) In addition to the above, all disclaimers must meet the minimum requirements laid down in the ASCI guidelines for disclaimers.

     

    (2) The words “currency”, “securities”, “custodian” and “depositories” may not be used in advertisements of VDA products or services as consumers associate these terms with regulated products.

     

    (3) The information contained in advertisements shall not contradict the information or warnings that the regulated entities provide to customers in the marketing of VDA products from time to time.

     

    (4) Advertisements that provide information on the cost or profitability of VDA products shall contain clear, accurate, sufficient and updated information. For example, “zero cost” will need to include all costs that the consumer might reasonably associate with the offer or transaction.

     

    (5) Information on past performance shall not be provided in any partial or biased manner. Returns for periods of less than 12 months shall not be included.

     

    (6) Every advertisement for VDA products must clearly give out the name of the advertiser and provide an easy way to contact them (phone number or email). This information should be presented in a manner that is easily understood by the average consumer.

     

    (7) No advertisement for VDA products or exchanges may show a minor, or someone who appears to be a minor, directly dealing with the product, or talking about the product

     

    (8) No advertisement may show that VDA products or VDA trading could be a solution to money problems, personality problems or other such drawbacks.

     

    (9) No advertisement shall contain statements that promise or guarantee future increase in profits.

     

    (10) No advertisement may show that understanding VDA products is so easy that consumers do not have to think twice about investing.  Nothing in the ad should downplay the risks associated with the category.

     

    (11) VDA products may not be compared to any other asset class which is regulated.

     

    (12) Since this is a risky category, celebrities or prominent personalities who appear in VDA advertisements must take special care to ensure that they have done their due diligence about the statements and claims made in the advertisement, so as not to mislead consumers.

     

  • Paid partnership tag on Instagram now accepted

    ASCI releases guidelines for influencer advertising, paid partnership tag on Instagram is fine

    By Our Staff

     

    The Advertising Standards Council of India (ASCI) has released guidelines for influencer advertising. After extensive feedback from all stakeholders – advertisers, agencies, influencers, and consumers, the guidelines were framed which are applicable to commercial messages or advertisements published on or after June 14, 2021. The guidelines make it mandatory for influencers to label the promotional content they post and ensure that it is identified as paid promotion. Post releasing the guidelines, ASCI saw a compliance of around 97% on the digital front, with a majority of the influencers following the ASCI code and marking the adverts as paid posts.

     

    In a recent development, ASCI shared that the paid partnership tag that influencers carry in their advertorial posts on Instagram meets the principles of the ASCI guidelines for influencer advertising on digital media. ASCI agrees to this as an acceptable alternative to its disclosure labels. This decision will go a long way in reducing the burden on brands and influencers and will encourage greater compliance from all parties.

     

  • In a report, ASCI highlights the advertisements get the country worked up

    6 key patterns in ads that India finds offensive

     

     

    The Advertising Standards Council of India, the self-regulator body set up advertisers, advertising agencies, media companies and others in media ecosystem, has come up with a report titled ‘What India Takes Offence To’.

     

    Based on 1,759 complaints against 488 advertisements over the past three years, ASCI undertook a deep dive to identify trends in such complaints in order to deconstruct not only the messaging that was found objectionable, but also the articulation of the complaint along with desired action asked for.

     

    There are six broad patterns of triggers:

    Socially undesirable depictions for commercial gains: Some ads were seen to reinforce depictions of society that perpetuated unhealthy practices or beliefs for the sole purpose of commercial gains. For example, ads that promote stereotypes such as fair skin, certain body shapes or ads that create undue pressure on parents and kids in the field of education.

     

    Inappropriate for children: This category had ads, mostly viewed at prime-time, that seemingly provoked children’s interest in ‘adult life’, particularly in the idea of sexuality and physical intimacy. The complainants were largely embarrassed or concerned parents.

     

    Ads where people seemingly crossed cultural boundaries: Depiction in these ads seemed to cross boundaries set by society or to make fun of what was considered sacred in our culture. Individualist depictions, particularly of youth and women, were key triggers. Many ads that showed intergenerational dynamics in non-traditional ways were also considered problematic by some people.

     

    Advertising mocking men: Ads where men were depicted in a negative or poor light, even in humorous or introspective ways, were considered offensive by some.

     

    Hurting religious sentiments: Ads portraying mixed religious narratives, depictions of new interpretations of traditions or the use of religious and cultural motifs in a humorous manner became a trigger point. Complainants questioned the intent of the ads and felt the need to guard against ‘conspiracies’.

     

    Depicting unpleasant realities: Everyday realities, when depicted in an in-your-face manner, triggered complaints from consumers who preferred a more sheltered and ‘civilised’ version of realities. Showcasing death, raw meat or blood tended to raise the hackles of these complainants.

     

    Said Manisha Kapoor, Secretary General, ASCI: “Being in direct touch with the complainants gives ASCI a unique vantage point to understand what people find offensive in advertising. We are sharing these insights with our stakeholders to help advertisers plan campaigns better and be more cognizant of  consumer sentiment.”

     

    Added Subhash Kamath, Chairman ASCI said “At ASCI, we believe our role is not just to police the narrative but to also constantly add value to the industry by guiding our members towards more responsible advertising. These kinds of reports, along with initiatives like our ‘Advertising Advice’ service will help the industry a lot in that direction.”

     

    The report can be accessed at https://ascionline.in/.

     

     

  • To inject fresh perspectives, new members on advertising self-regulator's Board

    Subhash Kamath re-elected ASCI chairman

    By Our Staff

     

    The Advertising Standards Council of India’s (ASCI’s) Board has elected Subhash Kamath for a second consecutive term as Chairman. NS Rajan, Director, August One Partners LLP, was re-elected Vice Chairman of the Board.

     

    Said Kamath: “I thank the Board for its support and trust. We have flagged off important initiatives in the digital space, such as the influencer guidelines and the monitoring of promotional content. We are becoming future-ready in this ever-changing marketing and media landscape. The second term will allow me to push further with these initiatives, which are showing immense promise. As we expand our presence, we are engaging more with consumers as well to increase awareness of their rights.”

     

  • An ASCI-Futurebrands GenderNext Report throws up some interesting findings

    So, what’s the view on Depiction of Women in Advertising

     

    By A Correspondent

     

    The Advertising Standards Council of India (ASCI) and Futurebrands, have unveiled the GenderNext study to study the representation of women in advertising. GenderNext, notes a communique, covers patterns of portrayals across multiple categories, such as personal care, fashion, beauty, home and hearth, gadgets and wheels, money and education. The study also touches upon how advertising portrays women versus how they see themselves and want to be seen.

     

    According to Lipika Kumaran, the lead author of GenderNext, the study reveals that while there are some positive moves, mainstream advertising still heavily borrows from an inventory of overused, and sometimes harmful stereotypical tropes. A detailed study of over six hundred advertisements revealed several problematic tropes- such as sensualising the act of eating by women, showing women as spenders in financial advertising, women running around the house while others lounge around, male gaze acceptance in beauty ads,, showing women as lower down in tech-hierarchy in gadget ads, male celebrities challenging and instructing women,among others. A detailed list of such depictions across categories are captured in Annexure A.

     

    Women interviewed across different life stages and town classes pointed out that it is not them but others in their sphere who lag behind them, and they are the ones in need of empowerment. They feel that advertising can be their ally in this journey. The study found that for young unmarried women, common stereotypes used in advertising such as women joyfully undertaking the drudgery of work was not aspirational at all. Typical women’s day ads that show women emerge victorious after significant struggle were not considered particularly empowering. Women are tired of ads showing young women being bestowed with freedoms only after putting up a fight.

     

    The study proposes a category agnostic framework “The SEA (Self-esteemed – Empowered – Allied) Framework” that aims to guide stakeholders in imagining as well as evaluating portrayals of women in their advertising by building empathy and aiding evaluation

     

    The study also proposes a 3S screener for scripts/storyboards, casting, styling to identify stereotype red flags. The screener looks at aspects of a) Subordination b) Service and c) Standardisation (. More details of the SEA framework and 3S screener can be found in Annexure B

     

    Said Subhash Kamath, Chairman, ASCI: “GenderNext acts as a guide for stakeholders – brand owners, marketers, advertising professionals – to aid the creation of more progressive depictions of women in advertising. The deep insights on women, and what they feel about advertising is a fantastic input into advertising creation, and we hope that brands and advertisers will be motivated by the findings to depict women in more progressive ways. We also intend to set up a task force to evaluate advertising guidelines on harmful stereotypes”

     

    Added Santosh Desai, MD, Futurebrands Consulting: “As an influential form of popular culture, advertising has historically been a significant source for the propagation of gender stereotypes. While things are changing, what this study, initiated by ASCI and carried out by Futurebrands uncovers, is that gender continues to be represented in a skewed and discriminatory manner. Some obvious ways of stereotypes are less visible, but there are many other ways, both subtle and not-so- subtle, in which gender portrayals continue to be skewed. The GenderNext study has identified some common patterns of discrimination and has also created a framework that enables marketers to identify and eliminate such undesirable representations.”

     

    The report, said Manisha Kapoor, Secretary-General, ASCI: “ is only the first of the many initiatives ASCI will put together in this space. This is a continuing conversation.”

     

    For the study, the primary research involved ad clinics with 160 respondents and 20 focus group discussions across 10 centres, in addition to tapping into Futurebrand’s proprietary study Bharat Darshan. More than 300 people were spoken to via social media. All stakeholders such as national and regional advertisers, agency and creative heads. Gender domain experts, policy makers and advocacy groups were consulted as part of the study enquiry.

     

  • We now have a third entity that is policing advertising and that is the consumer, writes Prabhakar Mundkur

    The Advertising Police

    Image : pexels.com

     

    By Prabhakar Mundkur

     

    Prabhakar MundkurNever has marketing communication been under the scrutiny of so many, ever before in its history.

     

    First, there are the regulatory bodies who look over your shoulder. While working in China in the late 1990s, and when censorship was much stricter perhaps than it is today, I remember having a tough time. In a commercial of mine, a student acts cheeky with his teacher. It was intended to be tongue-in-cheek, but the humour of the situation was lost on the powers that be. We were told that it went against the norms of the teacher-student relationship which went back to none other than Confucius who had articulated with great lucidity on the subject. I even remember, Close-up toothpaste, which was then running the ‘Kisses’ campaign in the US my version of the campaign for China, had two toothpaste tubes of Close-up coming together to suggest they were kissing. At the time, it was a big hit in countries like Indonesia, which again had strict censorship rules in place.

     

    Coming back to the present moment, with the addition of the Department of Consumer Affairs being added in the last few years, means there are two watchdogs, a government watchdog and the Advertising Standards Council of India (ASCI) which is the self-regulatory industry watchdog. One is not quite sure what the government watchdog has been up to since they don’t publish their achievements, but the ASCI publishes every quarter the cases disposed of by them which run into a few thousand. In addition to the regular cases which come under the Advertising Code, we now have a third entity that is policing advertising and that is the consumer.

     

    The Culture Police

     

    The Tanishq ad that got shot down by social media last year would have had no objections from either the ASCI or the Department of Consumer Affairs. But the social media police is quite another story. These are typically the cultural watchdogs if one may call them that. They scan the environment for cultural misdoings like the Tanishq ad which was innocently launched during Diwali last year to promote its Ekvatam collection. The YouTube description for the ad said: “She is married into a family that loves her like their own child. Only for her, they go out of their way to celebrate an occasion that they usually don’t. A beautiful confluence of two different religions, traditions, cultures.”

     

    It was story of a Muslim family, with a Hindu daughter-in-law which was helping her to celebrate her own festivals. But the social media immediately jumped on to a conspiracy theory called ‘love-jihad’ which which accuses Muslims of converting Hindu girls to increase their own population.

     

    A lot of people were shocked with the objections but nothing doing, Tanishq was forced to take the ad off the air to appease the social media groups especially when the danger manifested itself in crowds wanting to damage their Tanishq showrooms.

     

    This is not just an Indian phenomenon but the culture police also exist in other countries. This is very familiar to the Ganesha ad that got shot down in Australia. Meat and Livestock Australia put our favourite Lord Ganesha in an ad which showed meat-eating.

     

    This enraged the local Hindu groups who of course besides staging protests to Ad Standards, in Australia

     

    The ad showed Lord Ganesha sitting and enjoying the meat with Jesus Christ, Moses, Aphrodite, lord Buddha, Zeus, Obi Wan Kenobi from Star Wars franchise along with Ron Hubbard, the founder of Scientology. Ad Standards Australia upheld the complaint from local Hindu organisations and the ad went off air.

     

     

    The latest ad questioned by the Culture Police is Manyavar Mohey ad (Mohey is the brand for women) featuring Alia Bhatt which was received with mixed feelings. While the ad was trying to break away from the age-old practice associated with marriage, where the daughter like a commodity, ( kanyadaan), the ad proposed greater respect for women (kanyamaan ). Unfortunately, when celebrities like Kangana Ranaut join the culture police, the attack on ads become stronger. She is known to have said: “Don’t use religion to sell products.”

     

     

    Again, not very different from the Pepsi ad which showed supermodel Kendall Jenner leading a Black Lives Matter movement with a fizzy can of Pepsi.

     

     

    It provoked Martin Luther King’s daughter to make a blistering remark on Twitter, that read: “If only Daddy would have known about the power of #Pepsi.” Bernice King’s tweet was accompanied alongside a photo of her father being pushed back by police.

     

    Another ad that was forced to bite the dust. 

     

    The Human Rights Police

     

    Here the human rights police objected to the extreme conditions that Zomato delivery men are put through when they don’t even get a moment to themselves between orders. In the commercial, Hrithik Roshan goes in to get his mobile to get a selfie with the Zomato delivery man. But the delivery man is so busy that he forgoes the opportunity of a pic with Hrithik because he is getting late for his next order. Zomato was quick to appease the trollers with their tweet which read, “We have been listening intently to the chatter about gig workers and the problems associated with this part of the economy. We understand you expect more and better from us”.

     

    Advertising uses Figures of Speech

    A few advertising regulators coupled with public groups on social media who keep a watch, means that advertising will have to be more careful than before. Diversity and inclusion is no longer an option, it is an imperative. In 2021, it will need to become a habit for most advertisers.

     

    For the last 100 years or so, advertising has used figures of speech to communicate. So parody (humour), hyperbole (exaggeration ) to make a point, and metaphor (where a word or phrase is applied to an object or action to which it is not literally applicable ) are some of the main figures of speech that advertising uses to make an impact.  Advertising can continue to use them but now will have to keep away from sensitive subjects.

     

    A long time ago, Jerry Della Femina said: “I honestly believe that advertising is the most fun you can have with your clothes on”.

     

    I am not so sure it is any longer for more than one reason. The times they are a changing!

     

    Prabhakar Mundkur is a former advertising agency captain and has spent over four decades in marketing services across geographies. He is a prolific writer and was a few years back rated as among the top voices by LinkedIn. Other than advertising and writing, Prabs, as he is known to friends, is a very active musician and a self-taught producer of music. In the pandemic, he has performed and produced nearly 50 songs, including one with the very accomplished Usha Uthup. Mundkur’s views here are personal.

     

  • While the service is expected to mitigate the risk of advertising being misleading, offensive, unsafe or unfair. ASCI will process any complaints they receive against such ads as per its normal process

    ASCI launches ‘Advertising Advice’ service to help brands determine if ads violate ASCI code

    By Our Staff

     

    The Advertising Standards Council of India (ASCI) has launched a paid ‘Advertising Advice’ service. This service is open to all members and non-members of ASCI and will point out to advertisers and marketers, at the campaign planning stage, if their claims could potentially violate any ASCI code or guideline. This will help them to take corrective action at the pre-production phase and will guide them to substantiate the claim and align the creative basis the ASCI code.

     

    While the service existed in a smaller form earlier, now the Advertising Advice panel also includes technical experts in different specialties who can examine the claim and evidence for technical claim support.

     

    ASCI has clarified that it will process any complaints they receive against such ads as per its normal process. The advisory panel for Advertising Advice service is completely different from the complaints process to avoid any potential conflicts.

     

    Said Subhash Kamath, Chairman, ASCI: “As ASCI steps into its next phase, the Advertising Advice service will be a crucial element in the cause of self-regulation. The service gives brands a chance to better prepare their campaigns and mitigate reputational risks. While there is no guarantee that consumers will not raise a claim against a brand, the advisory does help brands take steps to ensure that their campaigns don’t violate any norms formulated to protect consumer interest. We believe that this advisory service will provide the necessary support to the advertising ecosystem to create more responsible ads without affecting creativity.”

     

    Added Manisha Kapoor, Secretary-General, ASCI: “The advisory can be used by brands to great effect while planning their campaigns. Brands wish to be competitive and push the boundaries of claims. With this service, we can support advertisers to make strong claims while not crossing the all-important lines of honesty, decency, fairness and safety. An external scrutiny by experts at the pre-production stage can add tremendous value to campaign development. Post release of the campaign, any stoppage can cause significant disruption and cost for an organisation. But by making this a part of the way advertisers think of campaigns at an early stage, such risks can be mitigated. We see this as a win-win for advertisers and consumers, who then get exposed to fewer problematic ads.”

     

  • And why doesn't ASCI treat media brands apply influencer guidelines to them, asks Sanjeev Kotnala

    Shouldn’t Media Brands be also Considered Influencers

     

    By Sanjeev Kotnala

     

    Sanjeev KotnalaAs part of the fraternity, I respect the Advertising Standards Council of India (ASCI) as an industry body trying to rein in the irritants indulging in misleading advertising. In the past, I had questioned AAAI and AdClub for inviting senior leadership of the Babajee Brand as speakers at Goafest. It was when Babajee and his team were blatantly flouting every ASCI guideline. At another time, I have called ASCI a toothless tiger that no one is afraid of. I have raised questions as well as appreciated influencer guidelines in digital when we have not been successful with the traditional media doing the needful. And questioned why celebrity endorsement should be an advertiser issue than an ASCI issue. And, my love-hate relationship with ASCI continues- as I know- if self-regulation fails, regulations will be imposed.

     

    Recently, I complained to ASCI about something that was a clear violation of ASCI guidelines. In one case, the verdict was in my favour. In two cases, the complaint was rejected or summarily dismissed. That’s ASCI way, and there is nothing wrong with it. However, it gave rise to some questions, which I plan to raise here.

     

    The aim is not to only find fault with ASCI. It has done a decent job of what it is expected to deliver on and continuously expands its scope. But, then, at times, there is an expectation-experience, promise-delivery gap.

     

    Some Advertisers Are More Equal Than Others?

    Recently, someone complained about advertisements by the government. And ASCI asked the person to better speak to the I&B ministry. As a policy, ASCI does not interfere with political and non-commercial advertisements by the government.

     

    In this nation of democratic and secular values, ASCI, an industry body, the watchdog of Indian advertising standards, binds itself with the mandate and policies constraints and ends up differentiating between advertisers.

     

    Quote from ASCI:

    ‘ASCI recommends that anyone who has complaints against any political advertisements should write to the Election Commission of India. And send complaints against non-commercial government-released TV advertisements to the Ministry of Information and Broadcasting, New Delhi, which is the regulator for TV content and for press advertisements to the Press Council of India, New Delhi, which is the regulator for print content.’

     

    Quote over.

    As per ASCI, ‘It is a “self-regulatory” body created by advertisers to keep a tab on advertising created by the commercial industry. That is ASCI’s mandate.

    In some countries, the government gives self-regulatory organisations a mandate to regulate governmental and political ads, but that is not the case in India.

    Now, we can continue to have this policy and use the mandate as an excuse or work towards changing with time.

    After all, such ads can influence the composition of a government. They are far more harmful than any other brand or service. Someone needs to re-evaluate. Hopefully, ASCI will take action.

     

    Media as a Responsible Influencer

    We all know that media is a big influencer. And when it comes to print that enjoys the highest trust- people still take the written (News) as gospel truth. Paper may chappa hai. It is printed in the newspaper. So, should the guidelines that impact and apply to digital influencers not apply to older traditional media with a potentially larger audience susceptible to its charm. More so, when a lot of misleading advertisements are being released as Advertorial- native advertising.

     

    Does ASCI have no role in the media prominently flagging such work as Advertorial? Remember, most readers may not differentiate between news – Advertorial- feature or impact feature.

     

    Does ASCI have no role in defining the size and placement of such a disclaimer?

     

    Can ASCI guidelines not prevent such disclaimers from being tucked at the end bottom in small point size? And should this not use the language of the newspaper? Otherwise, it should be acceptable for an influencer tweeting in English to put the disclaimer of material gain in Russian.

     

    ASCI – Scope Ends at Advertisers & Agencies

    In the last case, ASCI first rejected the complaint against an ‘Impact Feature’ of a leading Hindi newspaper of Uttar Pradesh, as beyond its purview as it saw it as news. It was pointed out that it says Impact Fature at the bottom of the page in small print. The whole page with some 14 news items on a single educational institute is an ad. It can’t be news. At least the body governing advertising should understand this much. ASCI finally accepted the complaint.

     

    Why is ASCI so myopic?

     

    Why must someone have to point out and explain this simple thing?

     

    ASCI sent a clarification notice to the advertiser! Who conveniently decided to ignore and not reply.

     

    Can ASCI use its clout with media to stop the educational institute from running new or similar advertisements or advertorials until it answers ASCI?

     

    ASCI says they have no say on the content of a newspaper. It may not be fake news, but it is curated news. It is drafted and crafted to look-and-feel and be consumed like news. Thus, it is no longer mere content but an advertisement with financial considerations.

     

    I am not sure if the media house was contacted or prevailed upon. That’s where the story ends.

     

    Meanwhile, the media brand – the newspaper – continues to publish such advertorials. There seems to be no advertising-media body willing to call this clear misleading and highly influencing act. There is no doubt that the advertiser and the media partner in crime and laugh at ASCI’s inability to act on such complaints. Is ASCI willing to continuously be laughed at?

     

    ASCI agrees that the media can be more responsible in matters pertaining to advertorials and promises to try and work on a stronger resolution to address that.

     

    The question is, what are we waiting for?

     

    Net-Net

    One would want to know.

    1. Why does ASCI not treat media brands as an influencer and apply influencer guidelines to them?

    2. Why does ASCI not question media when any large media house is (should) be aware of what they are doing?

    3. Does ASCI fail to understand how damaging Advertorials are to the gullible audience?

    4. Does ASCI seriously believe that such advertorials fulfil its Honesty, Decency, Non-harmful and Fair criteria in competition?

    5. As a voluntary self-regulatory organisation comprising members from India’s marketing, creative, media, and allied companies, does it have no role to ensure media acts responsibly? And if yes, does such an act is not against its construct?

    6. And who should the public complain to if ASCI fails to deliver on its promise?

     

    Maybe there are well-known guidelines, but recent reactions of ASCI in treating such instances clearly tells that media, advertisers, and ASCI don’t seem to care.

     

    Sanjeev Kotnala is a senior brand strategist and educator. He writes on MxMIndia on most Wednesdays. His views here are personal

     

  • New appointments will add digital expertise as part of ASCI’s vision for the future

    Google, Facebook to strengthen ASCI board

    By Our Staff

     

    The Advertising Standards Council of India (ASCI) has announced two new appointments to add to its digital expertise as part of its vision for the future. Aditya Swamy, Director of Google India, has been appointed to the board of governors of ASCI, while Sandeep Bhushan, Head of India Global Marketing Solutions at Facebook has been appointed as special invitee to the board. The appointments also mark ASCI’s fast-widening focus on digital advertising and platforms, which began last year with a partnership with TAM to monitor 3,000 digital platforms for misleading marketing claims, as well as the launch of the Influencer guidelines and influencer monitoring through an AI platform.

     

    Said Subhash Kamath, Chairman, ASCI: “‘I’m delighted to welcome both Aditya and Sandeep to the board, this is a landmark moment. As we strengthen our roots in the digital space and streamline its functioning, it is extremely important that we collaborate with and learn from the leaders. Google and Facebook are the biggest digital players. We look forward to them helping us become a better conscience keeper of the industry.”

     

    Added Manisha Kapoor, Secretary-General, ASCI: “Having Google and Facebook on our board is a great start to the new journey ASCI is embarking upon. It is vital for us to have a keen understanding of digital operations. We will benefit greatly from the expertise that both these companies bring with them.”

     

  • ASCI to identify advertisements which violate provisions of Food Safety and Standards

    ASCI, FSSAI join hands to curb misleading claims in F&B ads

    By Our Staff

     

    The Advertising Standards Council of India (ASCI) has signed an agreement with the Food Safety and Standards Authority of India (FSSAI) to safeguard consumers against misleading claims in food and beverage (F&B) advertisements. The agreement was signed in the presence of Arun Singhal, CEO, FSSAI, and Bejon Misra, Adviser, Public Affairs, ASCI, on July 1.

     

    As per the agreement, ASCI will identify advertisements which prima facie violate provisions of Food Safety And Standards (Advertising And Claims) Regulations, 2018, and FSSAI would further investigate these. Under the agreement, ASCI will set up a three-member expert panel to evaluate F&B advertising identified by the ASCI monitoring team.

     

    Said Manisha Kapoor, Secretary-General, ASCI: “With this agreement, ASCI will intensify its scrutiny of the F&B sector. We will tap our National Advertising Monitoring Service, which monitors over 900 TV channels and publications, and over 3,000 websites. Besides national brands, we will examine regional and local ones. Our experts, with decades of experience in the F&B sector, will shortlist those advertisements that require further scrutiny by FSSAI.”
    Added Subhash Kamath, Chairman, ASCI: “This is a significant collaboration. The common goal of consumer protection drives us all to share skills, expertise and resources in the most effective way to curb the menace of misleading advertising.”

     

  • On the future of influencer marketing, challenges and what lies ahead.

    ASCI marks World Social Media Day with webinar

    By Our Staff

     

    The Advertising Standards Council of India (ASCI) marked June 30, World Social Media Day, with a webinar that comprised two panel discussions involving stalwarts from the Indian and global advertising industries as well as stakeholders from the influencer marketing space and the government.

     

    Fresh from the launch of its influencer marketing guidelines, ASCI aimed to expand the discussion to what lies ahead for the sector, the impact created with the introduction of the guidelines, the challenges that have surfaced, how they can be overcome as well as regulatory necessities like monitoring and the plan that takes-off from here.

     

    The first panel presented the content creator’s perspective. It focused on the need to balance creativity in influencer marketing with responsibility and the need to protect consumer interest. It showcased what influencers thought of the evolution of this new branch of marketing, why creative engagement works despite the labelling of content that is promoted and what brands think of it.

     

    Karan Tacker
    Karan Tacker

    The panel comprised actor-influencer Karan Tacker, ASCI Secretary-General Manisha Kapoor and Founding Partner of the Collective Artists Network and CEO of BigBang.Social Dhruv Chitgopekar.

     

    Key takeaways:

    ● We are observing various crossovers coming live in various formats with respect to finance, cryptocurrency, etc
    ● We will see the commercialisation of content creators with the evolution of technology
    ● We are in the midst of a major transformation. There is a tectonic shift in advertising with the COVID-19 intensifying the momentum of audiences’ and brands’ preference for digital
    ● Advertising is shifting decisively to digital platforms because the lockdown has accelerated digital consumption
    ● People are spending a lot of time on social media, so brands must recognise their responsibility to be transparent about promotional content
    ● ASCI has found strong allies in brands and content creators since the launch of the guidelines. Not only are they embracing labelling norms, they are seeing the benefits of it

     

    Supporting the new normal in influencer marketing, Tacker said: “It is a myth that creative engagement and responsibility can’t go hand in hand. As we celebrate World Social Media Day, it is important that we educate new influencers, who are joining the space and contributing to our growth, to employ fair practices. In terms of importance, it is nice to have discipline and everybody should be aware of the guidelines”

     

    Manisha Kapoor
    Manisha Kapoor

    Added Kapoor: Many companies, brands, influencers and agencies continue to engage with us for clarifications. Since the launch of the guidelines, we have observed a significant interest and belief from all stakeholders. Complaints against influencers and brands for misleading ads in the digital space have also started coming in. The good part is, that as soon as ASCI reaches out to those influencers, the ads are either taken down or corrected within hours.”

     

    Dhruv Chitgopekar
    Dhruv Chitgopekar

    Said Chitgopekar: “The power of Influence, as we call it, is totally a new era. The market will have its own push and pull as we evolve together. The new labelling framework has given birth to an active dialogue and we believe that to be the best part because it symbolises success and acceptance. This is just the beginning; the nuances will change as we move ahead in the journey and so will the whole system.”

     

    The second panel centred on social media and governance. The panellists were a unique mix of Indian and global advertising veterans as well as a representative of the government. While ASCI Chairman Subhash Kamath provided the Indian perspective, Guy Parker, President of ICAS and Chief Executive of ASA, UK, offered the global experience. Guillaume Doki-Thonon, Founder-CEO of Reech, spoke about why monitoring for violations of influencer marketing norms was critical and how his organisation is helping ASCI do that in India. The government point of view came from Abhishek Singh, CEO of MyGov, President and CEO of the National e-Governance Division, and MD and CEO of the Digital India Corporation.

     

    Key takeaways:
    ● Influencer marketing norms exist in many countries without any adverse impact on the engagement or creativity of content creators
    ● The common thread across all the guidance is to remain upfront and transparent with the content you create

    ● Technology now has the power to sort sponsored content from un-sponsored
    ● With the help of a machine learning algorithm, it can be detected whether brand-influencer partnership has been disclosed or not
    ● Influencers are becoming more creative with their ads, which underscores the need to constantly improve the algorithm
    ● Many brands and agencies have reached out to ASCI for advice or course correction before the campaign is executed
    ● This ASCI advisory isn’t pre-approval of campaigns but to see whether they violate any norms
    ● The government is very keen on tapping into the expertise of influencers to raise creativity levels and engagement around its messages
    ● The government has collaborated with many well-known influencers to achieve more impact
    ● Social media in India should be used extensively to reach a larger audience and in different languages to establish stronger connections
    ● Awareness and communication have always been part of the government’s outreach but, so far as social media is concerned, the government can target people better and bust myths of fake news
    ● A great example is the awareness campaign for COVID-19, which was very impactful because of the power of social media
    ● Here on, the use of social media will be more video- and audio-driven with regional languages at the forefront

     

    Abhishek Singh
    Abhishek Singh

    Asserting that the government is very keen on associating with influencers to raise creativity levels and engagement, Singh said: “We are very happy to work with influencers because of the impact and the power they wield. We collaborate with several influencers to work on social media. In addition, the government promotes the use of regional languages and Indian social media apps to increase engagement.”

     

    Guy Parker
    Guy Parker

    Applauding the strides India has made, Parker said that influencer marketing norms exist in many countries and that there has been no impact on engagement or creativity. He added: “Influencer advertising has exploded in the past 10 years. Consumers shouldn’t have to play detective to deduce the authenticity and status of the content. The need to keep the principles of advertising intact called for guidance across influencer markets. ASCI’s guideline is a good example of high-quality guidance because it’s easily understandable, practical and pragmatic. Globally, the same principle runs through all the guidance as a common thread, which is to be upfront with people about the content you are putting out.”

     

    Doki-Thonon
    Doki Thonon

    Doki-Thonon, explaining the monitoring system Reech is setting up for Indian influencer marketing, said: “At the end of the day, the consumer will gain from transparency – that is now the norm of the influencer market, thus boosting the confidence of consumers. With the help of a machine learning algorithm, we can detect whether a partnership between an influencer and a brand has been disclosed or not. Influencers are becoming more creative with their ads, but the good thing is that the algorithm also learns and adapts constantly.”

     

    The codification of the declaration of promotional content and labelling requirements are not only indicators of the maturity of Indian influencer marketing but also why self-regulation is critical for industries like advertising. Other stakeholders like brands are also modifying their marketing approach to build in greater safeguards for consumers.

     

    ASCI.Social, a repository for everything about the influencer marketing guidelines as well as the home for a community of stakeholders, has taken off well. Not only are influencers visiting it for guidance, they are also taking the online pledge to employ only ethical practices. The platform is also a great forum for the exchange of ideas.

     

    Subhash Kamath
    Subhash Kamath

    Kamath had the last word: “We have been focusing on bringing in more clarity in the digital space. We don’t want to just police the narrative, but help shape a more responsible one. There is a lot more that is coming up. We want to thank everyone who supported us. Ask questions, discuss, debate and join us on ASCI.Social.”

     

    Later that evening, ASCI also participated in a Clubhouse discussion with nearly 200 creators, moderated by noted influencers Scherezade Shroff and Janice Sequeira, on how to be creative while also being responsible.