MxMIndia

Tag: Manisha Kapoor

  • The Supreme Court has issued an advice for self-declaration of all advertisements

    ASCI presents view on SCàMIB requirement self-declaration

    The Supreme Court has issued an advice for self-declaration of all advertisements – for television and print. Manisha Kapoor, CEO and Secretary General, ASCI, has issued a statement on the same: “The Ministry of Information and Broadcasting has established new features to their portals to enable advertisers to obtain the self-declaration certificate to comply with the Supreme Court directives. Given the vast number of creatives that now need certification, this is a challenge that advertisers, agencies and media owners will need to gear up for.

    “ASCI’s Advertising Advice service can support advertisers be compliant with the ASCI Code, which forms a key part of the Advertising Code under the Cable TV Network (Regulation) Act. This would help advertisers be more confident of their self-declarations which are now mandated for print. TV and Internet ads.  Whether it is small or big advertisers, no ads would now be permitted on any media and channel without such a certification.

    “To avoid any disruptions in their campaigns, advertisers and agencies are advised to familiarise themselves with the portals and the requirements during the buffer period provided until the June 17, 2024.”

  • These will be effective February 15, 2024

    ASCI guidelines on environmental claims in ads

    By Our Staff

     

    The Advertising Standards Council of India (ASCI) has issued guidelines to prevent false pro-environment claims, also known as greenwashing, that has been seen across sectors.

     

    The “Guidelines for Advertisements Making Environmental/ Green Claims”, have been in the public domain for consultation since November 16, 2023, and were approved in the recent Board of Governors meeting.

     

    Said Manisha Kapoor, CEO and Secretary-General, ASCI : “Consumers today are exercising their preferences for green products, and in many cases, pay a premium for them. It is necessary that consumers have the correct information to make informed choices to support green products. It is also important that organizations that genuinely provide greener products are able to communicate this clearly to consumers. The Government too has expressed their concern on greenwashing or false green claims, and we believe that these guidelines are a significant step towards promoting transparency and accountability in environmental/ green claims made in advertising.”

     

    Notes a communique: “Effective February 15, 2024, these guidelines aim to ensure that environmental claims made by advertisers are reliable, verifiable, and transparent. Consumers are increasingly demanding products and services which minimise harm to, or have a positive effect on, the environment. As a result of a proliferation of products, services and businesses which claim to meet that demand it is imperative for such claims to be reliable and verifiable.”

     

    Greenwashing, as per the communique, violates Chapter I of the ASCI Code on misleading advertisements. In order not to breach Chapter I of the ASCI code, advertisements must adhere to the following guidelines.

     

    GUIDELINES:

    1. Absolute claims such as but not limited to “environment friendly”, “eco-friendly”, “sustainable”, “planet friendly” that imply that the entire product advertised has no impact or only a positive impact or reduces adverse impact must be capable of being substantiated by robust data and/ or well-recognised and credible accreditations. Such absolute claims cannot be diluted by means of a disclaimer or any other clarificatory mechanism such as a QR code or website link etc.

    2. Comparative claims such as “greener” or “friendlier” would need evidence that the advertised product or service provides an environmental benefit over that of the advertiser’s previous product or service or competitor products or services and the basis of such comparison is made clear.

    3. A general environmental claim must be based on the full life cycle of the advertised product or service, unless the advertisement states otherwise, and must make clear the limits of the life cycle. If a general environmental claim cannot be justified, a more limited claim about specific aspects of a product or service might be justifiable. Claims that are based on only part of an advertised product or service’s life cycle must not mislead consumers about the product or service’s total environmental impact.

    4. Unless it is clear from the context, an environmental claim should specify whether it refers to the product, the product’s packaging, a service, or just to a portion of the product, package, or service.

    5. Advertisements must not mislead consumers about the environmental benefit that a product or service offers by highlighting the absence of an environmentally damaging ingredient if that ingredient is not usually found in competing products or services. Similarly, advertisements must not claim an environmental benefit that results from a legal obligation if competing products are subject to the same requirements.

    Where such ‘free-of’ claim is necessary to equip the consumers with relevant information, an appropriate disclaimer should be added to indicate the purpose e.g. “XX-Free: (Names of regulation) prohibit the use of (name of prohibited substance/ingredient) in (category of products)”. It would be deceptive to claim that a product is “free-of” a substance if it is free of one substance but includes another that is known to pose a similar or higher environmental risk.

    6. Where the use of Certifications or Seals of Approval create the impression of an environmental claim to consumers, then the advertiser should make clear what attributes of the product or service have been evaluated by the certifier.  The advertiser should ensure that the certifying agency is nationally/internationally accredited by a certifying authority for e.g. agency accredited by the UN council/committee, BIS etc.

    7. An advertiser shall not use visual elements in an advertisement which results in the advertisement conveying a false impression that the product is less harmful or more beneficial to the environment, when seen as a whole, unless required under law. For example, logos representing a recycling process on packaging and/or in advertising material can significantly influence a consumer’s impression of the environmental impact of a product or service.

    Visual elements for the above purpose shall not include the colour scheme related to nature or environment or images of natural ingredients or natural elements used on the products / packaging / services as a part of its creative brand identity or trademark/tradename unless such elements used are connected directly to any Environmental Claim made on such products / packaging / services to influence a consumer’s impression of the environmental impact of a product, packaging or service. For example, a green coloured packaging with natural ingredients contained in the product will not be considered as contributing to a green claim unless it refers to an environmental claim

    8. Advertisers should refrain from making aspirational claims on the products/ packaging/services about future environmental objectives unless they have developed clear and actionable plans detailing how those objectives will be achieved.

    9. For carbon offset claims where the offset does not occur within the next two years, advertisers should clearly and prominently disclose the same. Advertisements should not claim directly or by implication that a carbon offset represents an emission reduction if the reduction, or the activity that caused the reduction, was required by law.

    10. For claims pertaining to the product being compostable, biodegradable, recyclable, non-toxic, free-of etc. advertisers should qualify the aspects to which such claims are being attributed, and the extent of the same. All such claims should have competent and reliable scientific evidence to show that:

    11. a) The product or the qualified component where applicable will break down within a reasonably short period of time after customary disposal.

    12. b) The product is free of elements that can lead to environmental hazards.

     

    Link to Guidelines for Advertisements Making Environmental/ Green Claims

     

  • Released jointly with the Unstereotype Alliance with research partner Kantar

    ASCI unveils study on diversity & inclusion in advertising

    By Our Staff

     

    The Advertising Standards Council of India (ASCI) and the UN Women convened Unstereotype Alliance (UA), launched their collaborative study on Diversity and Inclusion (D&I) in Indian advertising. The report, prepared by Kantar, focused on ESG (environmental, social and governance) goals of corporates. The study was unveiled at the DEI Edge Summit, co-hosted by ASCI and UA on Thursday.

     

    Here are highlights of the report, courtesy a communique

     

    The joint report provides new insights on Indian advertising’s D&I representation versus global practice (leveraging data from the 2023 Global MONITOR survey) and a wealth of original findings on Indian advertising trends accommodating D&I. Some of the key dimensions of D&I representation mapped in the report were age, gender, sexual orientation, race, physical appearance, social class, disability, and religion, across 28 markets around the world.

     

    The global dimension

    Compared to 33 percent of consumers across the world, 48 percent of Indians expressed the need for more inclusive representation by brands. India’s socially aware consumers are an encouragement for brands on the way to inclusiveness and a wake-up call for those yet to embrace D&I.

    The research scoured through all the new ads that aired in October 2023. Coupled with Kantar’s extensive analysis of advertisements over the past few years, the study provides a snapshot of the patterns, progress, and scope for improvement in DEI in India.

     

    Key findings of the Indian study: There was a near absence of representation diversity in Indian advertising.   The study found a dismal less-than-1 % representation of the LGBTQ+ community, people with disabilities featured in less than 1% of the ads and only 4% of Indian ads depicted people aged above 65 years.

     

    Women representation: While the presence of women in ads was comparable to men, sticky stereotypes still prevail. More women are portrayed with fair skin tone (58% of women vs 25% of men on-screen), with less diverse physical appearance (39% of women were shown as slender vs 16% men on-screen) and low non-traditional roles (17.5% of women were depicted as the sole caregiver vs 3.5% men characters) and less authoritative (with male characters three times more authoritative than their female counterparts).

     

    Women tended to be shown as younger with 86% of them between 20 and 39 years of age compared to 62% of men.

     

    Said Manisha Kapoor, CEO and Secretary-General, ASCI: “There is no doubt that advertising shapes society. Indian advertising is missing the Diverse and inclusive narratives that can provide a real edge to brands, as can be seen in the study. Along with The Unstereotype Alliance and other partners, ASCI would like to nudge and support the advertising industry in getting its DEI representation right. The opportunity to include diverse perspectives and stories is a powerful one, and the event showcases the immense benefits both brands and society can derive from such progressive inclusions.”

     

    Added Susan, Fergusan, Country Representative, UN Women: “We, as the conveners of the Unstereotype Alliance India National Chapter, are pleased to host the DEI EDGE SUMMIT in collaboration with the ASCI Academy. Over the past two years, the Unstereotype Alliance in India has united brands, organizations, and individuals who believe in the transformative influence of advertising and media in fostering an inclusive society. Our efforts transcend campaigns; we strive to dismantle stereotypes, fostering a cultural shift that champions diversity and inclusion in advertising industry”.

     

  • The draft guidelines are open for public feedback until December 31, 2023, post which they will be finalised

    ASCI proposes draft guidelines for environmental claims in advertising

    By Our Staff

     

    The Advertising Standards Council of India (ASCI) takes a pivotal stride towards enhancing transparency and accountability in environmental advertising through the unveiling of comprehensive draft guidelines on “Environmental/Green Claims.” The draft guidelines are open for public feedback until December 31, 2023, post which they will be finalised. Developed by a multi-stakeholder taskforce, including environmental experts, these guidelines aim to ensure that advertisements are free from greenwashing practices. The draft guidelines establish a clear framework for advertisers to present truthful and evidence-based environmental claims.

     

    Said Manisha Kapoor, CEO and Secretary-General, ASCI, “ASCI’s draft guidelines on Environmental/Green Claims are a crucial step to ensure that consumers who wish to support green brands have the correct information to make an informed decision. These guidelines set a standard for advertisers, and aim to foster a culture of transparency and authenticity in advertising in the best interest of the consumers. We encourage all stakeholders, including consumers, industry, civil society members, and experts, to provide their feedback on the draft guidelines to enable us to sharpen and strengthen them.”

     

    Proposed Guidelines:

    1. Absolute claims such as but not limited to “environment friendly”, “eco-friendly”, “sustainable”, “planet friendly” that imply that the product advertised has no impact or only a positive impact must be supported by a high level of substantiation. Comparative claims such as “greener” or “friendlier” can be justified, for example, if the advertised product or service provides a total environmental benefit over that of the advertiser’s previous product or service or competitor products or services and the basis of such comparison is made clear.

    2. Environmental claims must be based on the full life cycle of the advertised product or service, unless the advertisement states otherwise, and must make clear the limits of the life cycle. If a general claim cannot be justified, a more limited claim about specific aspects of a product or service might be justifiable. Claims that are based on only part of an advertised product or service’s life cycle must not mislead consumers about the product or service’s total environmental impact.

    3. Unless it is clear from the context, an environmental claim should specify whether it refers to the product, the product’s packaging, a service, or just to a portion of the product, package, or service.

    4. Advertisements must not mislead consumers about the environmental benefit that a product or service offers by highlighting the absence of an environmentally damaging ingredient if that ingredient is not usually found in competing products or services by highlighting an environmental benefit that results from a legal obligation if competing products are subject to the same requirements.

    5. Certifications and Seals of Approval should make clear which attributes of the product or service have been evaluated by the certifier, and the basis of such certification provided. Certifications and Seals used in an advertisement should be from a Nationally/Internationally recognised certifying authority.

    6. Visual elements in an ad should not give a false impression about the product/service being advertised. For example, logos representing a recycling process on packaging and/or in advertising material can significantly influence a consumer’s impression of the environmental impact of a product or service.

    7. Advertisers should refrain from making aspirational claims about future environmental objectives unless they have developed clear and actionable plans detailing how those objectives will be achieved.

    8. For carbon offset claims advertisers should clearly and prominently disclose if the carbon offset represents emission reductions that will not occur for two years or longer. Ads should not claim directly or by implication that a carbon offset represents an emission reduction if the reduction, or the activity that caused the reduction, was required by law.

    9. For claims pertaining to the product being compostable, biodegradable, recyclable, non-toxic, free-of etc. advertisers should qualify the aspects to which such claims are being attributed, and the extent of the same. All such claims should have competent and reliable scientific evidence to show that:

     

    The product or the qualified component where applicable will break down within a reasonably short period of time after customary disposal.

     

    The product is free of elements that can lead to environmental hazards.

     

  • Must avoid using images that cause distress to consumers

    ASCI introduces guidelines for ads for charitable causes

    By Our Staff

     

    The Advertising Standards Council of India (ASCI) has introduced guidelines for advertisements for charitable causes.

     

    Talking about the new guidelines, Manisha Kapoor, CEO and Secretary General, ASCI, said: ASCI recognises that charities can have a challenging job explaining the nature of the important, and often sensitive work they do, and raise funds for beneficiaries in need. However, they must take care not to overstep the mark by misleading consumers or causing unjustified distress to those who may be merely surfing online. The guidelines strike a balance between allowing charities to do their important work, and at the same time, be fair to consumers who are viewers of such advertisements”.

     

    Adds a communique: “In recent years, charities have been active advertisers, particularly on digital media, and especially for the purpose of seeking funds and crowdfunding on behalf of their beneficiaries who may not have an active social network to reach and tap donors. Charities, including crowdfunding platforms, provide this reach through sponsored ads and organic posts, which tap potential donors. However, there have been some concerns about ads that create donor distress through the use of images that may be too graphic. While the intent of such posts is undoubtedly to nudge donors to contribute, such posts may cause undue distress to ordinary consumers who may be surfing through their news feeds. In addition, with crowdsourcing platforms, consumers may not know what amount, from their donation, goes to the beneficiary and what may be kept by the platforms for their administrative fees or charges.”

    de clear what such amounts are in the advertisement itself.

     

  • ASCI releases guidelines on ‘Online Deceptive Design Patterns’ in ads

    By Our Staff

     

    The Advertising Standards Council of India (ASCI) has published  comprehensive guidelines for ‘Online Deceptive Design Patterns in Advertising’, to “empower businesses, designers, and stakeholders to create user-centric experiences while promoting transparency, trust, and ethical standards in the digital landscape”.

     

    The following are the areas that the new guidelines address:

    1. Drip Pricing: Drip pricing refers to a practice in which elements of the costs are not revealed up front, and the total price is only revealed at the very end of the buying process or after confirmation of purchase. This creates ambiguity around the final price as well as prevents easy cost comparisons. The guidelines require quoted prices in advertisements and e-commerce sites to include non-optional taxes, duties, fees and charges that apply to all buyers. Incomplete price representations upfront would be considered misleading.

    2. Bait and Switch: When an ad or an element in an ad directly or indirectly implies one outcome of the consumer’s action but instead serves up another, it is misleading.

    3. False Urgency: Stating or implying that quantities of a product or service are more limited than they are is considered misleading. In case of a complaint, the advertiser would be required to demonstrate that the stock position at the time of the appearance of the limited quantity message was of a level where the urgency communicated could not be considered misleading.

    4. Disguised Ads: An advertisement that is of a similar format as editorial or organic content must clearly disclose that it is an ad. Examples could be influencer posts, paid reviews, and ads placed in a manner to appear like editorial content.

    Said Manisha Kapoor, CEO and Secretary General, ASCI: “With the government and the industry echoing their belief in self-regulation, we believe that the guidelines we have issued today will play a crucial role in fostering a more ethical and trustworthy advertising ecosystem and protecting consumer trust. These guidelines will require businesses to create communication and systems that respect user autonomy, improve transparency, and encourage well-informed choices.”

     

    Added Rohit Kumar Singh, Secretary Department of Consumer Affairs: “We welcome the new ASCI guidelines related to advertising. Deceptive online patterns are also a violation of the Consumer Protection Act. We look forward to working with ASCI and the industry to support a robust self-regulatory mechanism for the larger framework on online deceptive patterns”.

     

    The guidelines will be applicable from September 1, 2023.  To read the detailed guidelines, please visit link: https://www.ascionline.in/wp-content/uploads/2023/05/Guidelines-for-Online-Deceptive-Design-Patterns-in-Advertising.pdf

     

  • The Advertising Standards Council of India boss in a freewheeling conversation with MxMIndia editor-in-chief Pradyuman Maheshwari

    MxMLive with Manisha Kapoor, CEO & Secretary General, ASCI

     

     

    Readers of MxMIndia and folks in the advertising, marketing and media ecosystem know all about the Advertising Standards Council of India (ASCI, in short). Over the last few years, the self-regulatory body has reinvented itself with a slew of guidelines issued (including one on celebrity endorsement), tightened its guidelines on surrogate advertising, and embraced the ever-growing world of influencer-led advertising.

     

    Pradyuman Maheshwari, Editor-in-chief and Founder, MxMIndia caught up with Manisha Kapoor, Chief Executive Officer and Secretary General of ASCI, via an interview conducted over Zoom a few days after the conclusion of the 2023 edition of the Indian Premier League, which typically sees a large number of surrogate advertisements surfacing.

     

     

    Watch. Like. Enjoy.

     

  • ASCI received the Inspiration Award – for the best charter commitment initiative of SROs with limited resources

    ASCI shines at the Global ICAS Awards, Manisha Kapoor re-elected VP

    By Our Staff

     

    The Advertising Standards Council of India (ASCI) has been awarded at the International Council for Advertising Self-Regulation (ICAS) Awards 2023 . The award highlights the successful initiatives by the self-regulatory organisation (SRO) and its contribution towards ensuring higher ethical standards in Indian advertising. The award ASCI won is:

    The Inspiration Award – for the best charter commitment initiative of SROs with limited resources.

     

    Manisha Kapoor, CEO and Secretary General of ASCI, received the award at the ceremony held in Istanbul. Kapoor also presented the ‘Influencer Marketing – The India Experience and Learnings’ report to the Turkish government and ROK, the Turkish ad self-regulator which helped other attendees get a deeper understanding of the work done by ASCI in this growing space. Her participation in the panel discussion on ‘Dark Patterns – How Ad Standards Bodies Can Contribute to Fair Designs’ emphasised the crucial role such bodies play in promoting ethical practices. Recently, ASCI released a paper on Dark Patterns that aimed to spread awareness about misleading digital advertising practices that deceive or manipulate consumers.

     

    Kapoor was also re-elected Vice-President of ICAS. She has been an active member of ICAS and is at the forefront of advocating for ethical advertising practices and consumer protection. Said Kapoor: “We are honoured to receive the award and also at the re-election. The reappointment is a validation of the role that ASCI has played on the global platform over the past 35 years. Our association with ICAS is the next step towards taking the best advertising and self-regulation practises across borders, which can help in the development of the advertising sector while safeguarding the interests of consumers. It will also help advance our shared goals and ensure that self-regulation remains an essential part of our industry. We also congratulate other fellow SRO countries who have done some amazing work.”

     

  • ASCI releases its Influencer Trust Report and presents findings of a study

    Transparency & honesty key reasons why consumers trust influencers

     

     

    By Our Staff

     

    The Advertising Standards Council of India (ASCI) released a short report titled ‘Influencer Trust Report’ preceding its Brand Influencer Summit 2023 to be held later this month. ASCI conducted an online dipstick with 820 respondents above the age of 18 about their trust in social media influencers who promote brands online. The report reveals how much consumers trust influencer advertising, what builds trust and what depletes it.

     

    According to the report, 91% of people trust advertising in general, and 79% of respondents trust social media influencers. Transparency and honesty stood out as the key reasons why consumers trust influencers on social media (63%), followed by relatable content (57%), and personal stories at (53%).

     

    The report revealed that consumers stayed away from influencers when they sensed a lack of transparency (43%), repetitive content (42%), and over-promotion (41%). Overall, it was found that both brands and influencers gained from meaningful partnerships. Around 64% of consumers felt the brand became more trustworthy when influencers endorsed it, while 58% of those surveyed thought that the influencers became more trustworthy when they endorsed the brand.

     

    Other key findings of the report include:

    :: 6 out of 10 respondents claimed they spent at least 2 hours on social media, daily

    :: 90% of the respondents revealed they made at least one purchase based on influencer endorsement, while 61% claimed to have made three or more purchases. This behaviour was particularly prevalent among consumers ranging from 25 to 44 years of age

    :: Besides established brands, newer brands benefited considerably with their products being discovered through content advertised by influencers

     

    Ever since ASCI launched its influencer guidelines in May 2021, it has processed 2,767 cases against brands and influencers for not declaring material connections. Platforms where the violations occurred included Instagram at 58%, YouTube at 33%, Twitter at 7%, and Facebook at 2%.

     

    Talking about the findings of the report, Manisha Kapoor, CEO & Secretary General, ASCI, said: “While ASCI released its guidelines in May 2021, the Central Consumer Protection Authorities also now requires disclosure of material connection between brands and influencers. Hence, non-disclosures are potential violations of the law. An important aspect of the dipstick is the revelation that non-transparency was among the prime reasons why influencers lost the trust of their followers. On the other hand, transparency in their communication significantly built trust. We will be having several important conversations on this and other interesting aspects of brand-influencer partnerships at the #GetItRight Brand Influencer Summit 2023 with brand leaders and top influencers. The summit will help both brands and influencers understand how to build robust and sustainable relationships in the social media space.”

     

    The survey was conducted across multiple locations including metros, Tier I and Tier II cities.

     

  • 80% consumers do not notice disclaimers in ads, says ASCI

    ASCI tightens disclaimer guidelines

    By Our Staff

     

    The Advertising Standards Council of India (ASCI), has updated its “Guidelines for Disclaimers made in supporting, limiting or explaining claims made in advertisements”. The ASCI code requires that suitable disclaimers be used to properly explain and support claims made in advertisements to ensure that consumers can read all the information presented. In the past three years, ASCI has processed over 800 advertisements which were found to be in violation of the disclaimer guidelines.

     

    In a recent survey carried out by ASCI with 130 consumers, it was observed that

    1. 80% of respondents did not notice the disclaimer

    2. 33% could not understand the disclaimers clearly even after adequate exposure  time had been provided

    3. 62% of respondents felt that the disclaimer was excessively long.

     

    The Consumer Complaints Council (CCC), during their meetings, have also observed that sometimes, the frame of the advertisement that contains the disclaimer was very crowded, and distracted the viewer’s focus.

     

    To address these issues, the Guidelines for Disclaimers made in supporting, limiting or explaining claims made in advertisements have been amended by ASCI after consultation with stakeholders. The key additions to the existing disclaimer guidelines are as follows:

    :: The use of disclaimer should be kept to a minimum. Long or otherwise complex disclaimers with large blocks of text and difficult words are a deterrent to viewers attempting to read the contents of the disclaimer. In such cases advertisers should modify the headline claim to reduce the need for further qualification through disclaimers.

    :: Hold duration and readability of disclaimer – In television commercials or any other video advertisement on digital media, all disclaimers should be clearly readable to consumers. In a single frame in an advertisement:

    >> There should not be more than one disclaimer

    >> The disclaimer should be restricted to two full length lines and remain on  screen for more than four seconds for every line

    :: For regulatory requirements where the disclaimer exceeds two lines additional hold duration should be accounted for. For the purposes of calculating the duration of hold of disclaimers, all forms of text appearing on screen at any one  point in time should be counted. This includes both disclaimer text and any text  content in the main ad creative regardless of where on screen it appears and  whether or not it is repeated in audio.

     

    Other key facets of the disclaimer guidelines which remain unchanged are:

    :: A disclaimer can expand or clarify a claim, make qualifications, or resolve  ambiguities, to explain the claim in further detail, but should not contradict/modify  the material claim made nor contradict the main message conveyed by the  advertiser or change the dictionary meaning of the words used in the claim as  received or perceived by a consumer.

    :: A disclaimer should not attempt to suppress material information with respect to  the claim, the omission / absence of which is likely to make the advertisement  deceptive or conceal its commercial intent.

    :: A disclaimer should not attempt to correct a misleading claim made in an  advertisement.

    :: A disclaimer shall be in the same language as that of the claim/s of the Advertisement. In case of bilingual advertisements, the disclaimer should be in the dominant language of the advertisement.

     

    Commenting on the changes, Manisha Kapoor, CEO and Secretary-General ASCI said: “While ASCI has had disclaimer guidelines since 2016, it was observed that over-use of disclaimers made it difficult for consumers to understand all the information presented in the ad. This is evident from our survey where 80% of consumers did not even notice the disclaimers. Hence, it is important that claims are crafted in a way that minimizes the need for qualificatory disclaimers. Where disclaimers are needed, they should be  presented in a manner that someone who is interested in reading them has the  opportunity to do so.” For the full disclaimer guidelines: https://ascionline.in/disclaimer-guidelines.pdf

     

  • Updates code to include issues of gender identity, sexual orientation

    ASCI bats for greater inclusion in advertising

    By Our Staff

     

    The Advertising Standards Council of India (ASCI) has updated its code to add greater inclusivity in advertising depictions. Notes a communique: “The ASCI code already required ads to not deride anyone on the basis of race, caste, creed, gender or nationality. However, new areas of possible discrimination or derision have now been included such as gender identity and sexual orientation, body shape, age, and physical and mental conditions. Advertisements that mock or deride anyone on these bases will now be considered in violation of the ASCI Code.”

     

    Adds the communique: “This clause is now updated as part of Chapter 3 pertaining to advertisements that cause harm, which reads as follows:

    3.1. No advertisement shall be permitted which:

    (b) Derides any individual or groups on the basis of race, caste, color, religion, gender, body shape, age, sexual orientation, gender identity, physical or mental conditions or nationality.”

     

    Speaking about the changes, Manisha Kapoor, CEO & Secretary General, ASCI, said: “We have seen consumers call out ads that mock or deride people, or portray them in unfavourable ways. And it is only right that advertising becomes more inclusive and sensitive to this.  It is not acceptable for example, to associate characteristics such as sluggishness with a certain body shape. Similarly, to deride someone with a physical or mental ailment, or their gender identity would now violate the ASCI code. With this change, ASCI hopes to ensure that advertising becomes more inclusive and sensitised to all sections of our country, and does not perpetuate certain portrayals that have no place in a progressive society.”

     

  • About 14 ads found to be in potential violation of the ASCI code in first week of cricket extravaganza

    ASCI takes cognisance of gaming ad violations in IPL

    By Our Staff

     

    The Indian Premier League (IPL), the latest edition of which kicked off on March 26, has witnessed high-decibel advertising from the online real-money gaming industry. Unfortunately, many of the commercials do not pass scrutiny when it comes to the guidelines prescribed by the Advertising Standards Council of India (ASCI).

     

    In the first week of the IPL alone, March 26 to April 3, ASCI screened 35 ads from the category and identified 14 as being in potential violation of its code. ASCI is keeping a tab on TV as well as OTT ads.  In addition, in March alone, 285 social media ads of online real-money gaming companies were identified as being in violation of the ASCI code.

     

    ASCI noted that in some instances dubious claims such as ‘India’s biggest 1st prize’ were being made, and in many cases the disclaimer informing consumers of the risks was flashed very quickly rather than at a normal speaking pace. In some cases, the advertisements had celebrities acting while the disclaimer was being spoken, distracting consumers from important information about risks. Some advertisements had disclaimers that were smaller than what has been prescribed.

     

    These attempts at glossing over the disclaimers required to be carried in the prescribed manner, informing about the risks of financial loss or game addiction, can severely compromise consumer interest. ASCI has urged gaming industry bodies to take up this issue with their members.

     

    ASCI guidelines on real-money gaming came into effect on December 15, 2020. The guidelines require advertisements to not be aimed at minors, not present gaming as a source of livelihood or link it to success. In addition, the guidelines require all advertisements to carry a prominent disclaimer regarding the risk of financial loss and the addictive nature of such games. These guidelines were backed by the Ministry of Information and Broadcasting, which issued an advisory asking that advertisements adhere to the guidelines.

     

    Manisha Kapoor
    Manisha Kapoor

    Said Manisha Kapoor, Chief Executive Officer (CEO) & Secretary General (SG), ASCI: “ASCI is concerned to note that, despite clear guidelines, some online real-money gaming firms are attempting a shortcut. For an industry that is under significant regulatory scrutiny, such acts by some companies paint the entire industry as irresponsible. IPL, being a massive platform, requires responsible behaviour from all parties – including gaming firms, broadcasters, celebrities and ad creators. We hope that all parties play their roles to ensure that consumers are not exposed to misleading advertising.”