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.
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
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
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.
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/.
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.
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.”
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.”
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.”
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
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
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
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
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
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, 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
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.
The Advertising Standards Council of India (ASCI) has unveiled the final guidelines for influencer advertising on digital media. The draft guidelines initially were issued in February and feedback from all stakeholders – advertisers, agencies, influencers and consumers – was sought. To ensure a collaborative process and expert inputs, ASCI tied up with Big Bang Social, a leading marketplace for social storytelling, to get India’s leading digital influencers’ views on board. The guidelines will be 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. These guidelines, an ASCI communique underscores, safeguard the interests of consumers, influencers, marketeers, and the advertising industry.
Subhash Kamath
Said Subhash Kamath, Chairman, ASCI: “We received an overwhelming positive engagement and feedback from influencers and others for the draft guidelines, as well as suggestions to finetune and clarify some points. After extensive discussions, we are now launching the final guidelines that balance the interests of consumer, influencers, agencies, advertisers and all other stakeholders. I urge everyone to follow the ASCI Code and the guidelines and be part of this change promising transparency and responsibility.”
Manisha Kapoor
Added Manisha Kapoor, Secretary General, ASCI: “The Reech Influence Cloud platform uses Artificial Intelligence to identify lack of disclosure on posts of a commercial nature on social media. Machine learning algorithms and pattern searching Regex (Regular Expression) maximize accuracy. As part of ASCI’s increasing focus on digital content, we will continue to deploy advanced technology solutions to keep track of advertisements that violate the ASCI code.
Along with the guidelines, ASCI is aiming to develop an inclusive educational approach to shape the narrative of influencer advertising. To achieve this, ASCI is launching the ASCI.Social platform for all information related to the guidelines themselves. The digital platform will be interactive with dos and don’ts, FAQs, information related to the guidelines etc. Over time, ASCI.Social hopes to create a community of social media influencers, consumers, advertisers, and talent management agencies.
Dhruv Chitgopekar
Said Dhruv Chitgopekar, Founding Partner, Collective Artists Network and CEO of BigBang.Social: “The guidelines were the need of the hour considering the rapid growth in branded communications to consumers via social media. We have guidelines for traditional media advertising but, with the boom in influencer marketing, these are essential. We got on board on ASCI’s behest, lending our learnings from extensively working with social media influencers and understanding of brands to the effort. I’m pleased with how comprehensive and practical the final guidelines are.
Dolly Singh
Added Dolly Singh, a leading digital influencer: “The digital marketing space is growing rapidly and so are its participants. This is the right time to have a codified system of disclosure. I fully support this move by ASCI because it will result in viewers having even greater trust in influencers like me.”
Guidelines for Influencer Advertising in Digital Media
DEFINITIONS
Influencer
An Influencer is someone who has access to an audience and the power to affect their audiences’ purchasing decisions or opinions about a product, service, brand or experience, because of the influencer’s authority, knowledge, position, or relationship with their audience
Virtual Influencer
Virtual influencers, are fictional computer generated ‘people’ or avatars who have the realistic characteristics, features and personalities of humans, and behave in a similar manner as influencers.
Material connection
A material connection is any connection between an advertiser and influencer that may affect the weight or credibility of the representation made by the influencer. Material connection could include but is not limited to benefits and incentives, such as monetary or other compensation, free products with or without any conditions attached including those received unsolicited, discounts, gifts, contest and sweepstakes entries, trips or hotel stays, media barters, coverage, awards or any family or employment relationship, etc.
Digital media
“Digital Media is defined as a means of communication that can be transmitted over the internet or digital networks and includes communication received, stored, transmitted, edited or processed by a digital media platform. Digital Media includes but not limited to
2) On-demand across platforms including near video on demand, subscription video on demand, near movie on demand, free video. On-demand, transactional video on demand, advertising video on demand, Video on demand, pay per view etc.
3) Mobile broadcast, mobile, communications content, websites, blogs, apps, etc. / Digital TV (including digital video broadcasting handheld and terrestrial) etc.
4) NSTV (non-standard television)
5) DDHE (digital delivery home entertainment)
6) DTT (digital terrestrial television)
GUIDELINES:
1. Disclosure
All advertisements published by social media influencers or their representatives, on such influencers’ accounts must carry a disclosure label that clearly identifies it as an advertisement.
1.1 The following criteria must be used to determine if disclosure is required:
a. Disclosure is required if there is any material connection between the advertiser and the influencer.
b. Material connection isn’t limited to monetary compensation. Disclosure is required if there is anything of value given to mention or talk about the Advertiser’s product or service. For example: If the Advertiser or its Agents gives free or discounted products or service or other perks and then the influencer mentions one of its products or services, a disclosure is needed even if they weren’t specifically asked to talk about that product or service.
c. Disclosures are required even if the evaluations are unbiased or fully originated by Influencer, so long as there is a material connection between Advertiser and Influencer.
d. If there is no material connection and the influencer is telling people about a product or service they bought and happen to like, that is not considered to be an advertisement and no disclosure is required on such posts.
1.2 Disclosure must be upfront and prominent so that it is not missed by an average consumer
a. It should be placed in a manner that is hard to miss.
b. Disclosures are likely to be missed if they appear only on an ABOUT ME or profile page, or bios, at the end of posts or videos, or anywhere that requires a person to click MORE.
c. Disclosure should not be buried in a group of hashtags or links.
d. Using a platform’s disclosure tool should be considered in addition to an influencer’s own disclosure.
e. If the advertisement is only a picture or video post without accompanying text (such as Instagram stories or Snapchat), the discloser label needs to be superimposed over the picture/video and it should be ensured that the average consumer is able to see it clearly.
I. For videos that last 15 seconds or lesser, the disclosure label must stay for a minimum of 3 seconds.
II. For videos longer than 15 seconds, but less than 2 minutes, the disclosure label should stay for 1/3rd the length of the video.
III. For videos which are 2 minutes or longer, the disclosure label must stay for the entire duration of the section in which the promoted brand or its features, benefits etc are mentioned.
f. In live streams, the disclosure label should be announced at the beginning and the end of the broadcast. If the post continues to be visible after the live stream is over, appropriate disclosure must be added to the text/ caption.
g. In the case of audio media, the disclosure must be clearly announced at the beginning and at the end of the audio, and before and after every break that is taken in between.
1.3 The disclosure must be made in a manner that is well understood by an average consumer.
a. Following is the list of disclosure labels permitted. Any one or more can be used:
:: Advertisement
:: Ad
:: Sponsored
:: Collaboration
:: Partnership
:: Employee
:: Free gift
b. The disclosure should be in English OR in the language as the advertisement itself in a way that is easy for an average consumer to understand.
1.4 A virtual influencer must additionally disclose to consumers that they are not interacting with a real human being. This disclosure must be upfront and prominent.
1.5 Responsibility of disclosure of material connection and also of the content of Advertisement is upon the Advertiser for whose product or service the advertisement is, and also upon the Influencer. For clarity, where Advertiser has a material connection with the Influencer, Advertiser’s responsibility will be to ensure that the posted Influencer advertisement is in line with the ASCI code and its Guidelines. While the Influencer shall be responsible for making disclosures required under the Guidelines. The Advertiser, shall, where needed, call upon the Influencer to delete or edit an advertisement or the disclosure label to adhere to the ASCI Code and Guidelines.
2. Due Diligence
The influencers are advised to review and satisfy themselves that the advertiser is in a position to substantiate the claims made in the advertisement.
Advertising Standards Council of India (ASCI) General Secretary Manisha Kapoor has been appointed to the executive committee of the International Council for Advertising Self-Regulation (ICAS). She will be one of the four vice-presidents on the executive committee. Set up by the European Advertising Standards Alliance in 2008, ICAS is a global platform of self-regulatory organisations (SROs).
In her role as part of the ICAS leadership team, Kapoor will take forward the agenda of self-regulation globally. Some priority areas of ICAS for the next couple of years are:
:: To promote advertising self-regulation as an optimal mechanism for consumer protection
:: To strengthen ICAS as a global alliance
:: To facilitate knowledge sharing among SROs to establish best practices
:: To support emerging SROs across the globe
:: To monitor global trends in the advertising ecosystem that impact self-regulation
:: Work closely with established and emerging digital platforms to make the online space more transparent and fairer for consumers
Said Kapoor in a statement: “This appointment is a recognition of ASCI’s growing global standing and influence in the narrative of responsible advertising, as well as the importance of Indian advertising industry itself at a global level. This offers us a chance to exchange learnings and best practices. With the Indian advertising industry evolving fast and digitalisation boosting growth, ASCI’s leadership of the ICAS executive committee will add new perspectives to the agenda of responsible advertising.”
The Advertising Standards Council of India (ASCI), in association with Futurebrands, is launching the first ever gender depiction study in Indian advertising. GenderNext aims to provide actionable insights that can shape the gender narratives in advertising positively. The study is the first of several initiatives ASCI will undertake in 2021 as part of a year-long focus on gender.
The GenderNext study, notes a communique, has attracted much interest amongst advertisers, who are backing it with their own insights as well as funding. The landmark study has received support from the likes of Nobel Hygiene, ITC-Vivel, Kellogg, Colgate, Diageo, Eureka Forbes and Mondelez, and ASCI hopes more of its members will become a part of it.
The report, to release in September 2021, is expected to help in understanding the depictions of women in advertising. It uses several starting points of inquiry. To begin with, there will be a semiotics and cultural decode of Indian advertising over time, across categories and regions. In addition, advertisers, creative voices, policymakers, gender experts will be met for their inputs. Ad clinics will be conducted across 10 centres with consumers for their views and feedback on gender depiction in advertising. The study will draw an understanding of the larger cultural shifts in India through Bharat Darshan, a proprietary study done by Futurebrands over a decade, and across more than 200 towns. GenderNext is a first-of-its-kind study and expected to be of significant value to advertisers and creative agencies, as well as academia, policymakers and advocacy bodies.
Subhash Kamath
Said Subhash Kamath, Chairman, ASCI: “As a self-regulatory body, ASCI wants advertisers to embrace more responsible advertising. The idea is to not just limit ourselves to being a complaints management body but also to help advertisers navigate through complex issues and contribute to the creation of positive advertising. ASCI will support brands and advertisers to “get it right” in various ways, and this is one such initiative”.
Manisha Kapoor
Added Manisha Kapoor, Secretary General of ASCI: “The portrayal of women in advertising has been the subject of much debate. The gender narrative has been evolving and changing but it is not a simple, linear change. GenderNext will help advertisers navigate these narratives, which can sometimes even be seemingly in conflict with each other. The idea is to provoke conversations, and generate actionable insights that advertisers can tap into for progressive, culturally relevant and aspirational gender portrayals. Besides GenderNext, we will also be partnering with like-minded organisations with similar objectives to make a difference to the gender narrative.”
Santosh Desai
Said Santosh Desai, MD & CEO, Futurebrands: “We are excited to be part of a study that will track the changing gender narrative in advertising and help advertisers with insights to craft their strategies better. The study – a synthesis of primary consumer feedback, opinions of a wide range of stakeholders and commentators, and a wider reading of cultural changes – will build on the extensive cultural tracking work Futurebrands has been engaged in over the past decade.”
Added Kartik Johari, VP – Marketing and Commerce, Nobel Hygiene, the principal sponsor of the study: “As a company where our brands resolutely speak the consumer truth, through this unique partnership with ASCI, we are keen to understand how popular culture has, and will continue to shape, our perception of gender. We hope this research forms not only a map of their minds, but a casting net on the minds that will shape tomorrow.”
I have long held a strong belief in the power of Influencer marketing (as regular readers of this column would vouch). Digitisation and connectivity has changed marketing forever and Influencer marketing is the sweet love child of this new media – it’s part Celebrity advertising (influencers with large followings become celebrities), word-of-mouth (influencers are relatable, hence their recommendations seem to come from a friend), branded content (product placements and content marketing) and pure play advertising.
Influencer marketing is here to stay and which is why I was enthused to hear that the (Draft) ASCI Guidelines for Influencer marketing, which have been in process since 2019 have been released.
The guidelines are available for all stakeholders, including industry, digital influencers and consumers for feedback till March 8, 2021. Based on the feedback, the final guidelines will be issued by March 31 and will be applicable to all promotional posts published on or after April 15, 2021.
Manisha Kapoor
I joined a freewheeling chat that Manisha Kapoor, Secretary General, Advertising Standards Council of India (ASCI) had with the MxMIndia editor and it helped me understand the thought process behind drafting the guidelines. Sharing an overview of my thoughts and a few points of feedback which can get incorporated before the guidelines are finalised. The highlights of our conversation and my thoughts ar:
Who will take the fall?
One of our major points of discussion was around the roles of the platform and agencies which form crucial parts of the current ecosystem. In the current draft regulations, the onus of the responsibility lies only on the influencer and the brand. ASCI has already onboarded a few major platforms on their board and hopes to also partner with other major platforms and agencies to disseminate the guidelines.
From a managerial perspective, this is perfect. However, digital platforms unlike traditional platforms like TV and Print run on algorithms with low human intervention. This means that content gets served a multitude of times to people dependent on the influencer’s engagement, followers and other weighted parameters (parameters which are only known by the platform and are tweaked constantly basis multiple feedback loops). Hence, beyond the influencer and the brand, the platforms also ideally should be held responsible because they control the spread of the message.
The Influencer Agency
Influencer agencies are the newest agency type to hit the agency marketplace. As influencers mostly wear multiple hats like scriptwriter, actor, director, editor and costume designer, the influencer agency is part-celebrity management and part-media agency.
The role of these agencies is primarily to be responsible for deals they broker for influencers and to help brands partner with relevant influencers for their campaigns and to ensure speed in execution and content quality. ASCI will be using these agencies as a means to reach and educate influencers. Agencies typically work on commissions and will charge a percentage from the brand and from the influencer as well. However, by putting all the responsibility of the due diligence on the influencer, the role of the influencer agency is severely limited to being only a vanilla middleman. Whether or not it becomes a part of ASCI’s official guidelines, for survival, agencies must provide these services to influencers.
The Question of the Disclosures
One of the best directives of the guidelines was the prohibition of filters in case they emphasise the claim the brand is making. [Filters should not be applied to social media advertisements if they exaggerate the effect of the claim that the brand is making – like makes hair shinier, teeth whiter etc.] It is no secret that using the augmented reality and editing features (available easily on smartphones today) can dramatically alter your features. For influencers whose sphere of influence and impact is contingent on their credibility and trustworthiness, using augmented reality for a before/ after to promote a product to a trusting audience is more unfair than a photoshopped celebrity in an ad, because the audience trusts the influencer is real and just like them. This is hence a step in the right direction to minimise the pressures of fake imagery on consumers. Beyond filters, a declaration about whether images have been edited should also be added to this directive to ensure transparency
Damage control, Punitive Measures & their Efficacy
Manisha Kapoor mentioned that while ASCI is a self-regulatory body and doesn’t have the authority to take punitive action, the compliance rates with ASCI decisions have always been over 90% and they expect the same compliance for these influencer guidelines. In terms of any wrongdoing, or misleading advertising, they expect influencers to carry corrigendum announcing the error while taking down the content.
While mistakes will happen, because influencer content on social media gets reposted and reshared there will have to be some social media platform involvement to ensure takedown of the misleading content and the review cycle may need to be speedier as ASCI’s review of misleading advertisements follows a schedule.
__
One of the biggest positive takeaways of our conversation with the ASCI Secretary General was that the entire industry has welcomed this step because the influencer ecosystem has been disorganised and self-regulated till now. With clear guidelines to follow in place, both brands and influencers now have a reference to ensure that they are responsible in their messaging.
ASCI also recognises this is just the first step in creating a regulatory framework for a digital marketplace that is evolving at breakneck speed and the framework will adapt as the ecosystem evolves.
This was a much-needed and long-awaited framework for the industry and I am excited about the creation of a more transparent digital ecosystem.
While stakeholders are very enthusiastic about the self-regulatory mechanism falling in place, a lot rests on them to make a success of the guidelines when they come into force on April 15.
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.
I have long held a strong belief in the power of Influencer marketing (as regular readers of this column would vouch). Digitisation and connectivity has changed marketing forever and Influencer marketing is the sweet love child of this new media – it’s part Celebrity advertising (influencers with large followings become celebrities), word-of-mouth (influencers are relatable, hence their recommendations seem to come from a friend), branded content (product placements and content marketing) and pure play advertising.