Tag: D Shivakumar

  • Ad Club Madras & MMA to host R K Swamy Memorial Lecture on Dec 11

    By A Correspondent

     

    The Madras Management Association and Advertising Club, Madras have jointly supported the Annual R K Swamy Memorial Lecture beginning last year. To be held on December 11, it will serve as a tribute to the veteran adperson who played a pioneering role in the growth of the advertising industry in South India.

     

    The inaugural edition saw D Shivakumar, Executive Group President, Aditya Birla Group deliver a talk on “The Future of Consumer Engagement”.  The second edition will have R Seshasayee, Vice Chairman, Hinduja Group talk on ‘Values for the 21st Century’.  Two senior media industry leaders will participate as Guests of Honour.  Gulab Kothari, Chief Editor, Rajasthan Patrika and Ram Sehgal, Past President, AAAI will provide some additional insights on Mr R K Swamy.

     

    Said Shree Prakash P, the President of the Advertising Club Madras: “Mr R K Swamy was the first recipient of the Distinguished Service Award instituted by the club and we think that there is no better way in immortalising a man who redefined advertising in this part of the world and who was synonymous with the industry.”

     

    Added Group Captain Vijaykumar, Executive Director of MMA: “The MMA is indeed privileged to organize the Lecture in memory of R K Swamy who was an outstanding leader and provided bold Pioneering Leadership in the field of Advertising in India. He was the past President of MMA during 1972 – 74 and significantly contributed to the growth of MMA to propagate management movement in this part of the country.

     

    The event will be held at the Management Centre, Madras Management Association at 6 pm on December 11, 2020.

     

     

  • Rohit Gupta elected Chairman of ASCI

    By A Correspondent

     

    Rohit Gupta, President, Sony Pictures Networks was unanimously elected the Chairman of the Board of Governors of the Advertising Standards Counciil of India (ASCI) at the Board meeting following the 33rd Annual General Meeting of ASCI. Subhash Kamath, Managing Partner, BBH Communications India Pvt Ltd was elected the Vice-Chairman and Shashi Sinha, CEO, IPG Mediabrands was re-appointed Honorary Treasurer.

     

    Recalling his year at ASCI, the outgoing Chairman D Shivakumar, said: “ASCI is a voluntary job and a board led organisation. When I set out last year as the Chairman I had three objectives laid out. The first was to increase our membership base, the second to go digital and third to create awareness among consumers. Now thanks to the MIB directive our awareness has increased immensely, our WhatsApp number has seen a 3X increase in daily messages. We have increased our member base by 10%, our new members representing e-commerce, food & beverage, automotive sectors joining ASCI. ASCIs digital marketing campaigns would further boost awareness as well as compliance. I wish Rohit and the board the best for the year ahead.

     

    Added Gupta: “I am honoured to accept this role and look forward to the year ahead. With the inclusion of the internet into our everyday life and the constant evolution in the digital space, I feel that synchronizing ASCIs efforts in the Digital space will be our key focus for the year. The Council has covered a lot of ground in addressing the need for self-regulation in the digital medium and work is progressing rapidly to address that need. Additionally, we will continue our efforts to strengthen relationships with stakeholders in the year ahead.

     

     

  • ASCI rules now binding on non-members too

    By A Correspondent

     

    On the back of the Consumer Protection Act passed in Parliament recently comes a District Magistrate Court’s order that the decisions of the Advertising Standards Council of India (ASCI) are applicable to members as well as non-members. Until now a large number of advertisers avoided becoming members of ASCI under the notion that they would then not have to abide by ASCI decisions.

     

    In a judgment by the Tis Hazari district court in Delhi, in the case of Primordial Systems P. Ltd. versus The Advertising Standards Council Of India, the court has given a verdict in the favour of ASCI.

     

    The complainant advertiser (Primordial Systems), argued that being a non-member of ASCI, the self-regulation code laid down by ASCI is not applicable to it and ASCI has no jurisdiction over the advertiser. The court affirmed that ASCI, has the power to, after following due process, provide recommendations to the advertiser to modify or remove the advertisement containing claims that are considered as misleading by the ASCI’s independent Consumer Complaints Council (CCC) .

     

    The court clearly stated that though the complainant is not a member of ASCI but is indulging in activity, viz. of advertising, for which ASCI has made a Self-Regulation Code and for breach of that, ASCI entertains complaints. Thus, if ASCI makes a recommendation and in pursuance thereto the advertising agency or the television channel refuse to air the advertisement of the complainant, they would be entitled to do so. No merit is thus found in the argument of the counsel of complainant being a non-member of ASCI and ASCI thus having no jurisdiction over the complainant.

     

    The court further reiterated that ASCI has been constituted as a Self-Regulatory body for the purpose of advertisements and the Code drafted and changed from time to time by ASCI has been given a statutory flavour. It is already held by Hon’ble Supreme Court of India that ASCI looks into specific complaints regarding violation of programme code hence prima facie it cannot be said that entertainment of a complaint is without due process.

     

    In such view of the matter, the Court settled that ASCI has the power to regulate the advertisements as per guidelines laid down.

     

    Said D Shivakumar Chairman, ASCI:“It is a very significant judgment passed by (the) Delhi court as it clarifies that all advertisers come under the purview of ASCI’s guidelines. It also sends a clear message to the entire industry that investing in honest advertising is effective as dishonest advertising is not going to work. Clearly, for the consumers it is a big win as all the industry members whether they are part of ASCI or not, can no longer deceive them with misleading advertising.”

     

     

  • ASCI investigates and acts against erring ads for May 2019

    By A Correspondent

     

    During the month of May 2019, ASCI investigated complaints against 231 advertisements, of which 67 advertisements were promptly withdrawn by the advertisers as soon as they received the ASCI communication. ASCI’s independent Consumer Complaints Council (CCC) upheld complaints against 132 advertisements, out of 164 advertisements evaluated by them. Of  these 132 advertisements, 69 belonged to the education sector, 41 belonged to the healthcare sector, four to the food & beverages sector, two to personal care, and 16 were from the ‘others’ category.

     

    According to a communique, amongst the various advertisements that were examined, CCC pulled up an advertisement where a renowned cricketer was seen endorsing a mobile gaming app making a superlative claim without conclusive evidence of its market leadership. Another advertisement featured a celebrity endorsing the product as organic, whereas this claim was not substantiated.  Added the communique: “A large number of complaints were pertaining to the education sector wherein the advertisers were making unsubstantiated claims of being No. 1 and this was also true for a very well-known private university. The CCC also came across a significant number of advertisement of hospitals and clinics which were misleading and exploited consumers lack of knowledge. “

     

    D Shivakumar

    Said D Shivakumar, Chairman, ASCI: “ASCI is a self-regulatory body that helps advertisers and consumer recognise and implement relevant and honest communication of brand messages. ASCI works with the Department of Consumer affairs and the Ministry of information and Broadcasting in ensuring that consumer awareness of their rights is fulfilled. ASCI is also working with celebrities and influencers to help educate them on what they should watch out for before endorsing brands. The CCPA is a welcome step after 34 years of the last consumer legislation and provides autonomy and authority at a district level.”

     

     

  • ASCI welcomes the passing of new Consumer Protection Bill

    By A Correspondent

     

    The passage of the new Consumer Protection Bill has received an overwhelming thumbs-up from advertising self-regulator Advertising Standards Council of India (ASCI).

     

    D Shivakumar

    Commenting on the development, D Shivakumar, Chairman, Advertising Standards Council of India (ASCI) said: “This is a great development in favour of consumers and ASCI welcomes the passing of the new Consumer Protection Bill. Protection of consumers’ interest is also ASCI’s core mission. As an expert body dealing with complaints pertaining to misleading advertisements, ASCI has been working closely with the Department of Consumer Affairs. Complaints being received on the GAMA portal are being examined by ASCI since the launch of the GAMA portal. We expect this co-regulation model to be strengthened further as per recommendations of the Parliamentary Standing Committee.”

     

     

  • ASCI takes corrective action against 125 erring ads

    By A Correspondent

     

    In December 2018 and January 2019, ASCI investigated complaints against 415 advertisements, of which the advertisers ensured corrective action for 125 advertisements. ASCI’s Consumer Complaints Council (CCC) upheld complaints against 230 advertisements from a total of 290 advertisements evaluated by them. Of these 230 advertisements, 106 belonged to the education sector, 61 to the healthcare sector, 32 to the food & beverages sector, nine to personal care, and 22 were from the ‘others’ category.

     

    Among several advertisements that were examined, the CCC observed that in two separate cases, renowned cricketers were endorsing liquor brands that did not meet the ASCI Guidelines for Qualification of Brand Extension of Product or Service. Additionally, a famous Bollywood celebrity was seen endorsing two face cream product variants of the same brand, both made absolute claims of removal of skin marks which were unsubstantiated and hence misleading. Advertisements for two hair oil brands featuring celebrities were also considered misleading. Claims regarding mosquito repellent product by a famous Bollywood celebrity and claims regarding an online pharmacy endorsed by a cricketer were considered to be unsubstantiated.

     

    A significant number of complaints looked into by the CCC pertained to Education sector arising out of suo motu surveillance activity by ASCI followed by Healthcare products and services. The most common reason for upholding complaints were unsubstantiated and exaggerated claims that exploit consumers’ lack of knowledge.

     

    Said D Shivakumar, Chairman, ASCI: “Being a self-regulatory organisation in advertising, ASCI’s efforts have always been towards protecting the interest of consumers. In order to create mass consumer awareness about objectionable advertisements, Ministry of Information and Broadcasting (MIB) issued an advisory for a scroller to be carried by all TV broadcasters in support of self-regulation for grievance against objectionable advertisements that refers to ASCI. With more and more TV channels carrying the ASCI WhatsApp number 77100 12345 in a scroller, there has been over a tenfold increase in consumers reaching out to ASCI.”

     

     

  • ASCI urges consumers to take action against misleading ads

    By A Correspondent

     

    It’s World Consumer Rights Day today (March 15) and on the occasion, the Advertising Standards Council of India (ASCI) is urging consumers to not just be vigilant but also take action against misleading advertisements by informing ASCI via a WhatsApp message on +91 77100 12345.

     

    Said D Shivakumar, Chairman, ASCI: “Consumer is the king or queen and has a voice today, thanks to the digital medium. ASCI encourages consumers to reach out to ASCI using our WhatsApp number, it’s as simple as that.”

     

     

  • ASCI processes complaints against misleading ads

    By A Correspondent

     

    In October and November 2018, Advertising Standards Council of India (ASCI) investigated complaints against 389 advertisements of which the advertisers ensured corrective action for 112 advertisements. ASCI’s Consumer Complaints Council (CCC) upheld complaints against 232 advertisements from a total of 277 advertisements evaluated by them. Of these 232 advertisements, 95 belonged to the education sector, 53 to the healthcare sector, 36 to the food and beverages sector, 23 to personal care, and 20 were from the others category.

     

    Amongst various advertisements that were examined, the CCC observed that, a cricketer endorsing a bike brand shown driving rashly and violating traffic rules amounted to manifesting a disregard for safety. In addition to this, a celebrity was found to endorse a shampoo claiming to keep hair non-stop fresh for up to 72 hours. In another advertisement a celebrity was endorsing a well-known brand of glasses promising that the product blocks harmful blue rays from digital media unlike other glasses.

     

    A significant number of complaints looked into by the CCC pertained to F&B sector. The most common reason for upholding complaints were unsubstantiated and exaggerated claims that exploit consumers’ lack of knowledge. It was also observed that the advertisements had unsubstantiated leadership claims, improper use of FSSAI logo in contravention of the FSSAI advisory, organic claims, disparagement of healthy eating habits as well as surrogate advertisements.

     

    D Shivakumar

    Said D Shivakumar, Chairman, ASCI: “ASCI and FSSAI recently concluded their second year of collaboration via an MOU. FSSAI had given ASCI a mandate for comprehensive Suo Moto surveillance of potentially misleading advertisements in the F&B sector. Over 200 misleading advertisements have been looked into by the CCC and their compliance status was updated to FSSAI. This co-regulation model has been quite effective in ensuring compliance and was recently also referred in a Rajya Sabha question.”

     

    The following advertisements were in violation of ASCI’s Guidelines for Celebrities in Advertising. The advertisers did not provide any evidence to show that the celebrities did due diligence prior to lending their name for the endorsements, to ensure that all description, claims and comparisons made in the advertisement are capable of substantiation:

     

    Hero MotoCorp Ltd (Hero Xtreme 200r): In the advertisement, cricketer Virat Kohli is seen driving rashly in normal traffic conditions. The advertisement portrays violation of traffic rules, shows dangerous practices and manifests disregard for safety. The advertisement showed speed manoeuvrability in a manner which encourages unsafe or reckless driving which could harm the driver and general public.  The TVC contravened Chapter III.3 of the ASCI Code and Clauses (a) (b) and (c) of the ASCI Guidelines for Advertisements depicting Automotive Vehicles.

     

    L’Oreal India Pvt Ltd. (L’Oreal Extraordinary Clay Shampoo): The advertisement’s claim, “The power of pure clay in shampoo” is inadequately substantiated as it lacked specific scientific evaluation showing the effectiveness of clay and is misleading by ambiguity and implication. For the claim “keeps hair non-stop fresh for up to 72 hours” the advertiser did not provide appropriate scientific evaluation to substantiate the claim, hence is misleading by ambiguity and exaggeration and is likely to lead to grave or widespread disappointment in the minds of consumers.

     

    L’Oreal India P. Ltd. (Garnier Micellar Cleansing Water): The advertisement with celebrity Alia Bhat claimed, “Makeup off in just one swipe,” which was not substantiated. The claim is misleading by exaggeration, and is likely to lead to grave or widespread disappointment in the minds of consumers. The advertiser did not provide any testimonials, or any evidence of the consent of the celebrity for the product efficacy claims.

     

     

  • Thumbs up for Congress in Kochi

     

     

    By A Correspondent

     

    The weather was typical of what one can expect from Kochi in February: warm and sweaty. But all that was left behind as one entered the Lulu Bolgatty Convention Centre which played host to the 44th IAA World Congress.

     

    Around 2000-odd attendees from 25 countries were present, set to witness the 40-odd speakers and partake in the entertainment cultural nights.

     

    The inauguration was marked by the lighting of the ceremonial lamp, albeit digitally. Reliance Industries CMD and Chairperson of the World Congress Mukesh Ambani couldn’t make it due to some other pressing engagement, but ensuring a packed house was the presence of actor Amitabh Bachchan and spiritual guru Sri Sri Ravi Shankar. Bachchan spoke at length and Sri Sri got the audience to meditate. Also present at the inaug were:. Srinivasan Swamy Chairman & World President, International Advertising Association, Punit Goenka , MD & CEO, Zee Entertainment Enterprises Limited, IAA India President and Kaushik Roy , Vice President/Area Director, Asia Pacific, IAA Global and MV Shreyams Kumar, Joint MD of the Mathrubhumi group and Global VP of IAA were present for the inauguration ceremony.

     

    In his opening address, Goenka stressed on the ‘Brand Dharma’ theme of the World Congress, as the basic principle a brand should follow, to connect with its customers and society at large. “what matters at the end of the day is the deep connect a brand establishes with the audience and the language, dialects in which the brand speaks with the audience,” he said, adding: “Also, how purely and honestly does the brand believe in the culture and value system of the audience.”

     

    Bachchan spoke passionately on the topic of Brand Dharma. He mentioned that “Customer’s hard-earned money is Dharma, and a brand should sell their products accordingly, that should become brand’s Dharma.  He internalised the theme and said that “My face is present on over 24 product’s packaging. Not endorsing tobacco and alcohol products, that’s my Dharma.”

     

    Sri Sr Ravi Shankar said that If you believe in your product’s quality, it is Dharma. He spoke about the dangers of the virtual world that had resulted in personality disorders in young children. “Video games per say encourages violence in children. Too much of screen exposure to kids impacts their central nervous system and hence the screen usage shall be controlled,” Shankar said.

     

    One of the star sessions was that of Nandan Nilekeni, former Chairman, UIDAI and co-founder and Non-executive chairman Infosys. In the session titled “How India uses Digital Technology”, Nilekani spoke about how Aadhar has been essential to provide everyone a digital ID.  He also asserted Aadhar was not a data gathering instrument and rather uses minimal data to fulfil two key requirements of providing a basic and unique identity document as well as to ensure welfare benefits reach the right person.

     

    In other sessions, Hans Paul Burkner, Chairman BCG spoke on the topic ‘Tech for Good’ and how personalisation is possible and doable and is absolute must for most companies as new consumers are really expecting personalisation of information and now companies have the tech to make it work. He indicated the fact that in today’s society, privacy is dead but security is a big issue and both these are interlinked as there is need of respecting privacy and security needs of the customers. “There is an issue of collecting data stealthily and utilising for the benefit of select enterprise,” he said.

     

    Penny Baldwin, Senior VP and CMO, Qualcomm Technologies spoke about how Mobile is the world’s largest tech platform in the history of mankind and how Brand Dharma of Qualcomm is innovation.   According to Baldwin, mobile is the largest technology platform with 8 BN connections all over world and There’s a huge opportunity for marketers and advertisers to reach their audience even in remotest areas with the rise in data consumption.

     

    D Shivakumar, Group Executive President-Strategy & Business Development, Aditya Birla Group, introduced the audience to the DUCA (Digitally Unacceptable Content and Attitude) World. He mentioned that digital has become mainstream and in the digital world, consumers are more aware and more cynical and more distrusting. “In a digital world it is society not your stakeholder and not your board that matters. If you need to build trust you need to build that trust in society,” he said.

     

    Jonas Kjellberg, Lecturer, author, venture investor who was also associated with Skype, talked about three key gears building game changing companies and deploying capital. He spoke about customer acquisition, customer delight and zero cost innovation. Said Kjellberg: “what a customer loved before, today it has become commodity so there is need to spend time and energy on tomorrow ‘s delight through innovation and not only about today’s efficiency and functionality. Innovation in business model should be zero/ no cost innovation like Airbnb, Uber and Alibaba  as these businesses gained from innovating and not imitating.”

     

    Also part of the Congress Day 1 was a chat that PayTM’s Madhur Deora had with journalist-anchor Mini Menon and Boris Eremin, President, IAA Russia Chapter welcomed delegates to St Petersburg, Russia for the 45th IAA World Congress in 2020.

     

    The highlight of the second half was a fireside chat with media strongman, yet-again-entrepreneur with S4 Capital and former WPP CEO Martin Sorrell conducted by journalist Anant Rangaswami. “Transparency in data is important in India,” Sorrell said, adding: “

     

    The position of the media industry is much better than what it was 10 years back and it’s a good business to get into. Our biggest clients are tech. Our recruits are really excited about technology. We are more attractive to population than ever before.”

     

    The evening ended with a window to the local culture and cuisine curated and sponsored by the Mathrubhumi Group.

     

     

  • ASCI welcomes Consumer Protection Bill: D Shivakumar

    By A Correspondent

     

    On Thursday, the Lok Sabha passed the Consumer Protection Bill, 2018. The Bill will now go to the Rajya Sabha for consideration and action. If it is adopted, it will replace the Consumer Protection Act 1986.

     

    D Shivakumar

    Commenting on the development, D Shivakumar, Chairman, Advertising Standards Council of India (ASCI) said: “ASCI welcomes the new Consumer Protection Bill which replaces the old 1986 bill. ASCI has been actively involved in addressing consumer grievances on behalf of the Department of Consumer Affairs. With the new bill brand owners need to think sharper about claims they make and product quality as product liability will be an issue if not delivered on promise. celebrities will have to pick the right quality brands. ASCI will help in ensuring that consumers rights are protected”.

     

    The Bill provides for protecting consumer rights and setting up a redressal mechanism at the national, state and district levels. Consumer Affairs Minister Ram Vilas Paswani sought help of members to help with the passage of the Bill to protect the interest of consumers.

     

     

  • ASCI upholds complaints against 89 erring ads

    By A Correspondent

     

    In June 2018, ASCI investigated complaints against 208 advertisements. For 63 advertisements, the advertisers promptly ensured corrective action as soon as the complaints were received. ASCI’s Consumer Complaints Council (CCC) upheld complaints against 89 advertisements from a total of 145 advertisements evaluated by them.

     

    Of the 89 advertisements wherein the complaints were upheld, 27 belonged to the education sector, 25 to the healthcare sector, 15 to the food & beverages category, five to personal care and 17 were from the ‘others’ category.

     

    Amongst various advertisements that were examined, the CCC observed that, a popular chef was found endorsing an oats product from a popular foods & beverage company, stating it to have twice as much protein and fibre whereas this comparison was not versus other oats but was versus cornflakes as per disclaimers. The disclaimer in the advertisement was illegible and not as per the ASCI Guidelines on Disclaimers.  Furthermore, a famous celebrity was seen endorsing a juice powder brand, claiming it to have natural fruit energy which was not substantiated and was misleading by ambiguity and implication about the fruit content in the product. In another advertisement a popular celebrity was shown driving a car without seat belt showing an unsafe practice. These advertisements violated ASCI’s Guidelines for Celebrities in Advertising.

     

    D Shivakumar

    Said D Shivakumar, Chairman, ASCI: “ASCI’s evolving self-regulatory framework continues to be responsible and responsive to the needs of the consumers, the advertising industry and the regulators. Our focussed efforts towards building awareness and establishing better compliance in the industry, will continue to make a positive contribution to the advertising ecosystem,”

     

     

  • D Shivakumar elected Chairman of ASCI

    By A Correspondent

     

    D Shivakumar

    It’s the time when Board meetings are held as was the case with the Advertising Standards Council of India (ASCI) held on Wednesday where  D Shivakumar, Group Executive President, Corporate Strategy at Aditya Birla Group was unanimously elected as the Chairman of the Board of ASCI. As the member of the Board of Governors for three years, supporting self-regulation, Shivakumar is an accomplished business leader having spent over 19 years in sales, marketing and general management positions across consumer products and the luxury industry.

     

    Rohit Gupta, President – Network Sales & International Business, Sony Pictures Networks India Pvt Ltd, was elected Vice-Chairman and Shashidhar Sinha, CEO, IPG Mediabrands, was re-appointed Honorary Treasurer.

     

    Members of the Board of Governors include; Harish Bhat (Director, Tata Global Beverages Ltd.), Subhash Kamath (Managing Partner, BBH Communications India Pvt Ltd), Sandeep Kohli (Executive Director & Vice President for Personal Care Hindustan Unilever Ltd), Prof SK Palekar (Adjunct Professor & Advisor – Executive Education Institute of Management Technology), NS Rajan (Managing Director, Ketchum Sampark Pvt Ltd), KV Sridhar (Founder & Chief Creative Officer (Director), Hyper Collective Creative Technologies Pvt Ltd), Abanti Sankaranarayanan (Former Vice Chairperson, CIABC), Girish Agarwal (Director, Dainik Bhaskar Group), Madhusudan Gopalan (CEO, Procter & Gamble Hygiene and Health Care Ltd.), Prasun Basu (President – South Asia – Nielsen (India) Pvt. Ltd.), Sivakumar Sundaram (President- Revenue Bennett, Coleman & Co. Ltd), Vikas Agnihotri (Director Sales, Google India Pvt. Ltd.), Umesh Shrikhande (CEO, Taproot India Comm. P. Ltd.).

     

    Said Sankaranarayanan, the outgoing Chairman, ASCI: “2017-18 has been another strong year for ASCI as we have made significant advancements towards building our organisational muscle, external credibility and strong collaborations. Our stringent guidelines, seamless processes and the dedication and hardwork of our Consumer Complaints Council have contributed to restricting the use of misleading advertisements and enhance self regulation. ASCI’s momentous achievements for the year include successful completion of three year-long collaboration with Department of Consumer Affairs, renewal of Memorandum of Understanding (MoU) with Food Safety Standards Authority of India, introduction of ‘Guidelines for Celebrities in Advertising’ and inclusion in Ayush’s Empowered Committee to control misleading ads of AYUSH drugs. As the Chairman for ASCI for the year 2017-18, I am extremely proud to be a part of this journey and I am confident that under Shivakumar’s Chairmanship. ASCI will continue to grow swiftly and steadily.”

     

    Added Shivakumar: “I want to thank Abanti for her stewardship. We live in changing times with respect to information, media and trust of society. ASCI has been built on the foundation of self-regulation and the wisdom of the previous chairmen and the board. It’s my privilege to do the role now.”