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Tag: ASCI

  • ASCI, PSA Legal, & Tsaaro Consulting release white paper on cookie strategy for businesses

    ASCI, PSA Legal, & Tsaaro Consulting release white paper on cookie strategy for businesses

    MUMBAI: On Data Privacy Day, the Advertising Standards Council of India (ASCI) Academy, in collaboration with PSA Legal and Tsaaro Consulting, released a white paper titled Navigating Cookies: Recalibrating Your Cookie Strategy in Light of the DPDPA.

    The report offers actionable insights for businesses preparing to comply with India’s Digital Personal Data Protection Act (DPDPA) and aims to promote transparency and user trust.

    Building on ASCI’s 2023 paper Privacy and Progress: Pillars of Digital Bharat, this latest publication delves into best practices for cookie consent, data privacy compliance, and stakeholder engagement.

    A dipstick analysis conducted by Tsaaro Consulting found that only six per cent  of India’s top 50 websites, accounting for 30 billion visits in December 2024, were ready for specific consent as mandated by the DPDPA and draft DPDP rules issued on 3 January 2025.

    Key Highlights of the White Paper:

    * Compliance Gaps: Only six per cent  of major websites meet cookie consent requirements, underscoring the need for readiness efforts.

    * Granular Consent Requirements: The DPDPA calls for explicit, informed, and revocable consent for cookie use.

    * Global Lessons: Insights drawn from GDPR and international standards emphasise the importance of transparency and user control.

    * Industry Impact: The paper examines cookie practices across sectors such as e-commerce, social media, and healthcare.

    * Opportunities for Advertisers: Compliance is positioned as a competitive advantage, fostering consumer trust.

    ASCI CEO & secretary-general Manisha Kapoor noted: “On this Data Privacy Day, we are pleased to present this collaborative white paper with PSA Legal and Tsaaro Consulting. The paper aims to help advertisers understand and prepare for cookie consent practices that are both compliant with the new DPDPA as well as build consumer trust and transparency. The paper provides practical knowledge and insights to create effective cookie practices in a privacy-conscious world.”

    PSA Legal  partner Dhruv Suri remarked: “With the final DPDPA Rules on the horizon, advertisers are at a crossroads where privacy, technology, and the law converge. Once the law is better understood, the technology, i.e., cookies, will no longer be mere marketing tools but will serve as a means to strengthen customer loyalty. Global precedents can serve as the perfect roadmap to tailor strategies and navigate cookie consent management in a country that is just beginning its data privacy journey.”

    Tsaaro Consulting  CEO Akarsh Singh added: “Cookie consent is no longer a checkbox exercise; it’s a strategic element of modern advertising. The first step to creating a privacy-centric ecosystem that values the customer’s data rights when deploying cookies is to acknowledge that a gap exists between existing marketing tactics and the privacy laws and then to actively work towards bridging the gap between practicality and compliance.”

    The white paper is available for download on the ASCI website. click here

  • Industry leaders embrace transparency with new Self-Declaration Certificates in advertising

    Industry leaders embrace transparency with new Self-Declaration Certificates in advertising

    Mumbai: The recent Supreme Court mandate for Self-Declaration Certificates (SDC) in advertisements, effective from 18 June 2024, marks a significant step towards promoting transparency, accountability, and consumer protection in advertising practices. This directive requires advertisers and agencies to submit a certificate ensuring that their advertisements are truthful and comply with relevant regulations. Prominent industry leaders have voiced their support for this initiative, highlighting its potential to foster ethical marketing and build consumer trust.

    Indiantelevision connected with industry experts to share insights on the Supreme Court’s Self-Declaration Certificates (SDCs) mandate, focusing on how advertisers can align their marketing practices with legal requirements such as SDC submissions while genuinely prioritising consumer interests and ethical standards.

    ASCI CEO Manisha Kapoor

    “ASCI’s Advertising Advice service can help advertisers and agencies make confident declarations. To avoid challenges, ASCI urges agencies to familiarize themselves with the portal and its requirements. Prioritizing consumer interests and ethical standards is crucial for maintaining trust and transparency in advertising.”

    Think‘in Birds Communications CEO Bhavik Mehta

    “The recent Supreme Court mandate for Submission of Self-declaration Certificates (SDC) is a significant step towards safeguarding consumer interests and promoting responsible marketing. Advertisers can ensure their practices not only comply with this legal requirement but also genuinely prioritize consumer interests and ethical standards by focusing on several often-overlooked aspects. The ethical use of AI and automation is crucial to avoid discrimination and manipulation of vulnerable consumers, necessitating regular audits and transparent practices. Inclusive marketing that authentically represents diverse demographics promotes social equity and broadens product appeal. Considering the psychological impact of advertising, strategies should avoid exploiting insecurities and instead encourage well-being. Sustainable practices should be adopted not only in product promotion but also in reducing the environmental impact of advertising materials.

    Transparency in sponsorships and influencer partnerships builds trust, as does ensuring all marketing content is accessible to individuals with disabilities. Fair competition practices, cultural sensitivity in global campaigns, and a focus on long-term consumer relationships further enhance ethical standards. Encouraging employee advocacy can also provide authentic promotion and strengthen brand reputation. By integrating these considerations, advertisers can create strategies that are both compliant with the Supreme Court mandate and genuinely ethical, fostering long-term consumer trust and loyalty.”

    Puretech Digital senior vice president: delivery, operations & client engagement Parthiv Majmuda

    “Compliance with the Supreme Court’s mandate for Submission of Self-declaration Certificate (SDC) is essential, but so is prioritising consumer interests and ethical standards. At Puretech Digital, we have incorporated the SDC tracking in our operations SOP. Workflows in our project management tool have been updated to ensure all teams adhere to this before publishing.

    We view the SDC mandate as an opportunity to enhance our marketing practices, fostering accountability and genuinely benefiting consumers. This involves avoiding misleading claims, respecting consumer privacy, and maintaining transparency in our communications.

    By integrating SDC requirements into our workflows and investing in training the people, we aim to build trust and loyalty among our audience. Ultimately, it’s a collaborative effort with our clients to excel in both compliance and ethical marketing.”

    NetSetGo Media global business head Abhishek Tiwari

    “The recent requirement, by the Supreme Court for companies to submit Self-declaration Certificates (SDCs) represents a change in consumer protection and ethical marketing practices. This new rule pushes businesses to take accountability for their claims promoting a culture of transparency and responsibility. By mandating that companies back up their advertising statements the SDC system gives consumers the tools to make informed choices and levels the playing field for enterprises by discouraging deceptive tactics. This mandate is expected to encourage companies to adopt an approach to product development and testing ensuring that their claims can withstand scrutiny. While there may be obstacles in implementation the long-term advantages for consumer confidence and market integrity are considerable. This shift aligns with movements towards advertising regulations and has the potential to enhance India’s reputation, in consumer protection. As businesses adjust to this standard we can look forward to a marketplace defined by increased genuineness and consumer-focused principles.”

    Globale Media director- performance and acquisitions  Kritika Arora

    Advertisers can adopt a comprehensive and proactive approach to ensure that their marketing strategies comply with legal requirements as well as prioritize consumer interests and ethical standards. Here are some key strategies:

    1. Strict Adherence to Regulations:

    Legal Compliance: Regularly update and audit marketing practices to ensure compliance with all relevant laws and regulations. This includes timely submission of SDCs and adherence to advertising standards.

    Training and Awareness: Educate marketing teams on legal requirements and ethical advertising standards to ensure everyone understands and follows the rules.

    2. Transparency and Honesty:

    Clear Communication: Provide clear and accurate information about products and services. Avoid misleading claims and ensure all advertising content is truthful.

    Disclosures: Make necessary disclosures about product limitations, risks, and any other critical information. This builds trust and helps consumers make informed decisions.

    3. Consumer Privacy and Data Protection:

    Data Security: Implement robust data protection measures to safeguard consumer information. Use encryption, anonymisation, and access controls to prevent data breaches.

    Consent: Obtain explicit consent from consumers before collecting and using their data. Provide easy-to-understand privacy policies and allow consumers to opt out of data collection.

    4. Ethical Advertising Practices:

    Ethical Guidelines: Develop and enforce ethical guidelines for advertising that prioritise honesty, respect, and fairness. Ensure advertisements do not exploit vulnerable populations or promote harmful behaviours.

    Cultural Sensitivity: Be mindful of cultural differences and avoid content that could be offensive or inappropriate in different cultural contexts.

    5. Consumer-Centric Approach:

    Value Proposition: Focus on creating advertisements that genuinely add value to consumers’ lives. Highlight how products and services can solve problems or enhance their well-being.

    Feedback Mechanisms: Establish channels for consumers to provide feedback on advertisements. Use this feedback to improve future marketing practices and address any concerns.

    6. Social Responsibility:

    Community Engagement: Involve the community in marketing campaigns and demonstrate a commitment to social responsibility. Support social causes and ensure that marketing messages reflect positive societal values.

    Sustainable Practices: Incorporate sustainability into marketing strategies. Promote environmentally friendly products and practices, and transparently communicate efforts towards sustainability.

    This holistic approach not only builds consumer trust and loyalty but also strengthens the brand’s reputation and integrity in the marketplace.

    Korra India CEO Saket Vaidya

    “We are very positive about the Supreme Court’s mandate for Self-declaration Certificates (SDC), viewing it as a vital measure to promote responsible advertising and protect consumer interests. Such safeguards have long been in place in mainstream advertising, and now, with this mandate, digital media will also receive these essential guardrails. Digital media has rapidly grown, with platforms like YouTube reaching a larger audience than many traditional TV channels. With 70 per cent of India’s population accessing digital content due to affordable and accessible data, and the advent of 5G facilitating richer communications, the digital sector’s impact is profound. The e-commerce boom has further extended its reach to 99 per cent of India’s pincodes. This mandate is a clear acknowledgement that digital marketing now plays a pivotal role in the industry, ensuring consumer protection as the digital economy continues to thrive.”  

    The InterMentalist founder Shivashish Tarkas

    Shivashish

    The recent Supreme Court mandate for the Submission of Self-declaration Certificates (SDC) is a welcome move to protect consumers from any misleading advertisements. The advertising world has progressed rapidly in the digital era and hence it’s essential to have protocols in place.

    Implementation requires clear regulations, confidentiality measures, and a robust platform infrastructure capable of handling diverse data. The industry will need time to adapt to the proposed system.

    Ambiguity pervades the industry currently, but clarity is anticipated as time progresses.

    Conclusion

    The Supreme Court’s requirement for Self-Declaration Certificates marks a big step in promoting fair advertising and protecting consumers. Advertisers must follow this rule by being clear, accountable, and ethical in their practices. This approach not only builds trust with consumers but also helps create a more honest marketplace. Insights from industry leaders offer practical ways to navigate these new rules and uphold high standards in advertising.

  • Self-certification of ads: A deeper legal perspective

    Self-certification of ads: A deeper legal perspective

    Mumbai: The Indian advertising industry, like any other market of the world, plays a significant role in shaping consumer sentiment towards products and services available in the market. Correspondingly, it is essential to have adequate regulation and supervision of the sector for ensuring that advertisements do not result in manipulation of consumer behaviour based on fallacious claims. The supreme court recently in Indian Medical Association vs Union of India addressed concerns surrounding misleading advertisements in the case where Indian Medical Association (IMA) filed a petition accusing Patanjali Ayurveda of issuing misleading advertisements and passing critical remarks against allopathy. The court highlighted the responsibility of both advertisers and endorsers in instances of misleading advertisements.

    Advertisements, misleading advertisements, related terms and concerns

    Advertisements: An advertisement, under Advertising Standards Council of India (“ASCI”) code for self-regulation of advertising content in India, is defined as a paid-for communication, addressed to the public or a section of it, the purpose of which is to promote, directly or indirectly, the sale or use of goods and services to whom it is addressed. Any communication which in the normal course may or may not be recognised as advertisement by the general public, but is paid for, or owned or authorised by the advertiser or their advertising agency would be included in the definition.

    The Consumer Protection Act, 2019 (“CPA”) defines an advertisement as any audio or visual publicity, representation, endorsement or pronouncement made by means of light, sound, smoke, gas, print, electronic media, internet or website and includes any notice, circular, label, wrapper, invoice or such other documents.

    According to the Central Consumer Protection Authority’s  (“CCPA”) Notification dated June 2022:

    a. “advertiser” means a person who designs, produces and publishes advertisements either by his own effort or by entrusting it to others in order to promote the sale of his goods, products or services and includes a manufacturer and service provider of such goods, products or services.

    b. “advertising agency” means a person or an establishment providing services in designing and production of advertisements or other related services for a commission or fee;

    Misleading advertisements: A ‘misleading advertisement’ is an advertisement that contains false, inaccurate and deceptive claims and representations about the product/service being represented, in a manner that is likely to accord to a potential buyer/consumer incorrect understanding about the product/service, thereby wrongfully influencing their purchase and usage decisions. Section 2(28) of the CPA defines misleading advertisement as any product or service which—

    (i) falsely describes such product or service; or

    (ii) gives a false guarantee to, or is likely to mislead the consumers as to the nature, substance, quantity or quality of such product or service; or

    (iii) conveys an express or implied representation which, if made by the manufacturer or seller or service provider thereof, would constitute an unfair trade practice; or

    (iv) deliberately conceals important information

    Celebrities and endorsers: ASCI defines a celebrity as anyone who (a) gets compensated Rs 40 lakh or equivalent value annually for appearing in advertisements or campaigns on any medium and any format; or (b) has a social media followership of 500,000 or more on any single social media handle. Celebrities or influencers (an individual or a group or an institution) who make endorsement of any goods, product or service can be  defined as endorsers. An endorser has the power to affect/influence their audiences’ purchasing decisions or opinions about a product, service, brand or experience, because of their authority, knowledge, position, or relationship with their audience, and also accord credibility and reliability to the brand in view of their association therewith.

    Under the current legal framework, the penalties for taking part in creation and publication of misleading advertisements are:

    1.  A first offence under the Drug and Magic Remedies (Objectionable Advertisements) Act (DOMA), 1954 could lead to imprisonment for six months and/or a fine. For subsequent offences, the punishment may extend to one year.

    2.  The CPA imposes stricter consequences, with a potential imprisonment term of upto two years and a fine of around Rs 10 lakh for violations. Repeat offences escalate to a five-year imprisonment term and a fine of approximately Rs 50 lakh.

    In view of the alarming rise in misleading advertisements in the market, the supreme court as well as various governmental and private bodies have issued regulations and guidelines directed towards endorsers/influencers, advertisers and advertisement agencies in relation to publication to advertisements. A glimpse of such directions, guidelines and regulations have been provided below.

    A.  Guidelines issued by courts for endorsers concerning misleading advertisements:

    The bench of Justices Hima Kohli and Ahsanuddin Amanullah in the aforementioned Patanjali case stated that “advertisers/advertising agencies and endorsers are equally responsible for issuing false and misleading advertisements. Such endorsements that are routinely made by public figures, influencers, celebrities etc. go a long way in promoting a product. It is imperative for them to act with a sense of responsibility when endorsing any product and take responsibility for the same …”.

    The bench further stated that persons who endorse a product should have adequate information or experience with such specific product to be endorsed, and it must be ensured that it must not be deceptive. Celebrities and social media influencers will be equally liable for misleading advertisements, if they endorse any deceptive product or service.

    Concerning misleading advertisements, the court issued the following directions:

    1  Broadcasters or print media have to file a self-declaration form before carrying any advertisements, assuring that the advertisement to be carried on its platform complies with Cable Network Rules, Advertising Code etc.

    2  Ministries were directed to set up a specific procedure which will encourage the consumer to lodge a complaint and for the said complaint to be taken to a logical conclusion instead of simply being endorsed or marked.

    3  Persons who endorse a product should have adequate information or experience with specific product to be endorsed, and it must be ensured that it is must not be deceptive.

    4  Celebrities and social media influencers will be equally liable for misleading advertisements, if they endorse any deceptive product or service.

    5  The ministry of consumer affairs, was ordered to file a fresh affidavit on action taken by CCPA on false or misleading advertisements,

    B.  Guidelines under various statutes and governmental and private bodies

    1.  ASCI self-regulation guidelines for endorsers and advertisers

    ASCI, established in 1985, is committed to the cause of self-regulation in advertising, ensuring  protection of the interests of consumers. It seeks to ensure that advertisements conform to its code for self-regulation, which requires these to be legal, decent, honest and truthful, and not hazardous or harmful, while observing fairness in competition. Some core tenets of ASCI guidelines with reference to celebrities in advertising are–

    1    Advertisements with celebrities should not violate any guideline of the ASCI code.

    2    It is an obligation of the advertiser to make a celebrity aware of the code.

    3    Representations by a celebrity must be genuine and must be based on adequate information or experience.

    4    Due diligence necessary by the celebrity to ensure that representations made in the advertisements are objectively true and are not misleading or deceptive.

    5    Celebrities should not participate in any advertisement of products that are prohibited for advertising under the law. Examples include products under the Drugs and Cosmetic Act 1940.

    6    A celebrity should not endorse a product for which a health warning is required to be issued.

    7    A celebrity may seek ‘advertising advice’ from ASCI on potential violations by an ad.

    In a bid to address misleading advertisements and safeguard consumers from unfair trade practices, especially arising out of celebrity endorsements, ASCI has laid out certain guidelines for celebrities/ influencers listing out their responsibilities while involving themselves in such marketing campaigns.

    The guidelines (dated July 13th, 2023) lay down the following –

    1  Celebrities endorsing products must adhere to the ASCI codes. Testimonials and endorsements should genuinely reflect the individual’s current opinion, grounded in sufficient knowledge or experience with the advertised product or service.

    2  It’s upon the advertisers and agencies to ensure that celebrities are well-informed about these codes. Celebrities must rigorously verify the accuracy of claims and comparisons in advertisements they endorse, ensuring they’re objectively substantiated and not misleading.

    3  They must abstain from endorsing products prohibited under the Drugs & Magic Remedies Act or requiring health warnings, as mandated by the Drugs & Cosmetics Act.

    4  Celebrities have the option to seek endorser due diligence (EDD) from ASCI to be compliant with the ASCI code and other relevant legal statutes, to protect themselves from any potential violations or litigations down the line.

    However, ASCI being a private self-regulating body, lacks the authority to compel businesses to adhere to the ASCI guidelines in a meaningful manner.

    2.  Central Consumer Protection Authority (CCPA)’s guidelines on false or misleading advertisements

    CCPA, unlike ASCI does have that power to compel businesses to adhere to their guidelines and their guidelines for misleading advertisements and endorsements, 2022 (“guidelines”), state the following-

    1  These guidelines obligated, inter alia, businesses to comply with stringent regulations governing misleading advertisements.

    2  The guidelines require that the endorsement in an ad must reflect the genuine and reasonably current opinion of the endorser, that includes celebrity or influencer, and must be based on adequate information about, or experience with, the identified goods or service and should not be deceptive.

    3  Adherence to the guidelines is essential for celebrities and influencers to maintain transparency and authenticity with their audience. Not only is this supposed to hold the endorsers responsible but also helps the consumers make informed decisions.

    The guidelines state that individuals or groups who have 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 or celebrity’s authority, knowledge, position, or relationship with their audience must disclose to the audience if the endorsement is a result of benefit or incentive from the advertiser. That is, if the endorser (including celebrities and influencers) is endorsing a product for which they have received some monetary/non-monetary compensation or any other form of sponsorship from the advertiser, the endorsement must clearly and prominently disclose the same. Following are the specific requirements and mandates to be followed by endorsers and influencers:

    i With respect to different formats used for endorsement, the guidelines stipulate the following rules for disclosure:

    1. For images: disclosures should be superimposed over the image enough for viewers to notice. 
    2. For videos: disclosures should be placed in the video and be made in both audio and video format.
    3. For live streams: disclosures should be displayed continuously and prominently during the entire stream.

    ii The disclosure must be made in simple and clear language.

    The disclosure must be made in simple and clear language. Terms such as “advertisement”, “sponsored”, “collaboration” or “paid promotion” can be used. Further, the disclosure should be made in the same language as the endorsement. Also, disclosures should not be mixed with a group of hashtags or links. The Guidelines specify that individuals must not endorse any product or service that they have not personally used or experienced or in which due diligence has not been done by them.

    iii Endorsers are liable for legal action if they do not disclose endorsement.

    The endorsers will be liable for legal consequences if they fail to disclose any material connection and/or upon non-compliance with the CPA and the associated rules. A material connection is any connection between an advertiser and endorser that may affect the weight or credibility of the representation made by the endorser. 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. According to Section 21 of the Act–

    (2) Notwithstanding the order passed under sub-section (1), if the Central Authority is of the opinion that it is necessary to impose a penalty in respect of such false or misleading advertisement, by a manufacturer or an endorser, it may, by order, impose on manufacturer or endorser a penalty which may extend to ten lakh rupees: Provided that the Central Authority may, for every subsequent contravention by a manufacturer or endorser, impose a penalty, which may extend to fifty lakh rupees.

    (3) Notwithstanding any order under sub-sections (1) and (2), where the Central Authority deems it necessary, it may, by order, prohibit the endorser of a false or misleading advertisement from making endorsement of any product or service for a period which may extend to one year: Provided that the Central Authority may, for every subsequent contravention, prohibit such endorser from making endorsement in respect of any product or service for a period which may extend to three years.

    3. The ministry of consumer affairs’, guidelines – endorsements know-hows!’ for celebrities, influencers and virtual influencers on social media platforms)

    The ministry of consumer affairs on 20 Jan, 2023, issued its guidelines (titled endorsements know-hows!’ for celebrities, influencers and virtual influencers on social media platforms) specifically pertaining to celebrity/ influencer endorsements.

    1  It emphasizes on the requirement of providing clear disclosures of any material connection with advertisers and straightforward language in endorsements; whereby, ‘material connection’ is deemed to be any connection between an advertiser and endorser that may affect the weight or credibility of the representation made by the endorser; and could include without being 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.

    2  Terms like “advertisement” or “sponsored” should denote paid promotions. Endorsers must avoid promoting products they haven’t personally used.

    3  Aligned with the CPA, the guidelines prohibit misleading advertisements and outlines responsibilities for manufacturers, service providers, advertisers, and agencies.

    4  It reinforces guidelines for valid advertisements and addresses celebrity and endorser responsibilities.

    4.  The ministry of information & broadcasting’s advisory to endorsers on restriction on promoting, advertising, endorsing, even through surrogate marketing, offshore betting and gambling

    The ministry of information and broadcasting, on 21 March, 2024, issued an advisory directed towards endorsers and online influencers, restricting them from promoting, advertising, endorsing, even though surrogate marketing, offshore betting and gambling to the consumers, especially the youth. It states that –

    1  Emphasizing the significant financial and socio-economic implications, particularly on youth, the advisory also warns online advertisement intermediaries against targeting Indian audiences with such content.

    2  Social media platforms are urged to sensitize users and abstain from hosting such promotions.

    3  Non-compliance may result in actions under the CPA, including removal of the impugned post or account as well as penal measures.

    4  While Section 79 of the IT Act, 2000 exempts intermediaries from liability, failure to promptly remove unlawful content upon notification can restrict application of this exemption.

    5  The directive aligns with the CCPA’s previous guidelines, expressing concerns over endorsements of betting/gambling platforms by celebrities and influencers, subjecting such advertisements to stringent scrutiny.

    Not only in recent times, but celebrities have been under the scanner even in the past for being part of misleading advertisements. For instance, in 2015, a resident of Delhi filed a complaint in the District Consumer Disputes Redressal Forum of Central Delhi about the ‘Fair and Handsome Cream’, (world’s number one Fairness Cream for Men) being manufactured by Emami.  

    The complainant contended that he had used the product as per directions for use mentioned on the labelling and packaging of the product, but it had failed to show any results as claimed. He also argued that Emami had been using Shahrukh Khan as its brand ambassador for the promotion of the product and made false claims and promises that the product provides fairness in just three weeks.  The court ruled that the advertisements by Shahrukh Khan were misleading and directed Emami to pay an amount of Rs. 15 lakhs as punitive damages to the consumer welfare fund. It also directed the company to pay the complainant a sum of Rs.10,000 and withdrawal of the advertisement.

    Apart from this, there have also been many media reports of cases filed against celebrities like Amitabh Bachchan, Madhuri Dixit, and Preity Zinta for promoting Nestle’s Maggi Noodles when the product was banned when found to contain taste enhancer MSG and the chemical lead beyond permissible limits, which are harmful to humans.

    A controversy regarding a pan masala advertisement occurred in 2016 when the former James Bond actor, Pierce Brosnan, appeared in an advertisement for Pan Bahar, a pan masala brand popular in India. Pan masala is a mixture of specific kinds of nuts, seeds, and spices, often chewed for its stimulating effects, but it has been associated with health risks, including oral cancer. Pierce Brosnan was severely criticized for endorsing a product that adversely affected health. Brosnan later clarified that he was misled about the nature of the product, believing it to be a breath freshener or tooth whitener rather than a tobacco product. He also stated that his contract specified that he was promoting a “breath freshener/tooth whitener,” and he felt betrayed by the company’s use of his image to promote a pan masala product. The celebrities and media agencies were requested not be a part of surrogate advertisements of tobacco in the name of pan masala, tea, elaichi or other goods as these are prohibited under section 5 of the Cigarettes and Other Tobacco Products Act (COTPA), 2003 (“COPTA”). COPTA bans all kinds of direct and indirect advertisements of tobacco products. The controversy sparked discussions about celebrity endorsements and ethical considerations regarding the endorsement of Indian products that could be harmful to health, irrespective of the nationality of the endorser.

    5  Ministry of information & broadcasting (MIB) mandate to advertisers/advertising agencies to furnish a ‘self-declaration certificate’  before airing or publishing any advertisement

    The Supreme Court, in furtherance to abovementioned guidelines for the endorsers, has issued a directive in its order dated 7 May 2024 whereby all advertisers and advertising agencies are mandated to furnish a ‘self-declaration certificate’ before airing or publishing any advertisement. The MIB has published a press release announcing a new feature facilitating self-declaration by advertisers and advertising agencies from print, broadcast as well as digital media starting 18 June  2024 (“Press Release”).

    This certificate, signed by an authorized representative of the advertiser or advertising agency, must be submitted through designated portals, as stated by MIB in an official recent press release. The supreme court took note of the absence of a “robust mechanism” to oversee whether advertisers are fulfilling the obligations stipulated under the guidelines released by the CCPA. The supreme court further clarified that these directions were to be treated as the law declared under Article 141 of the Constitution of India. The supreme court in Sahara India Real Estate Corp Ltd. v. SEBI stated that the Constitution of India contemplates, that law declared by it, is binding on all courts within the territory of India. It also mandates, that an order made by the supreme court, is enforceable throughout the territory of India.

    Such self-declaration certificate shall be submitted through a designated portal activated on 4 June, 2024. The MIB  has introduced a new feature on the Broadcast Seva Portal of the MIB for TV and Radio Advertisements and on Press Council of India’s portal for print and digital/internet advertisements. The self-declaration certificate is mandatory for all advertisers/advertising agencies for all advertisements going live 18 June 2024 onwards, to be provided before broadcasting/publishing of such advertisement. For sake of clarity, the directive by Supreme Court and the following press release is not retrospective in nature and shall not be applicable on the advertisements that are already live. The salient aspects and observations in relation to the mechanism of self-declaration are provided hereinbelow:

    i Roadmap to Self-Declaration Certificate

    a. An authorized representative of the advertiser/advertising agency must sign and submit the self-declaration certificate, ensuring accountability and authenticity of the certificate.

    b. The authorized representative is required to provide comprehensive information about the advertised product or service, including advertisement title, description, script, and proposed date of first broadcast/publishing.

    c. The said submission of the certificate necessitates a letter of authorization, full advertisement script, video/audio file, and, if available and applicable, GST details and a CBFC certificate. The letter of authorization shall mandatorily be on the company letterhead of the advertiser/advertising agency and should be signed by the head of the company along with company seal.

    d. The certification includes affirmation of compliance with relevant regulatory guidelines, including those in Rule 7 of the Cable Television Networks Rules, 1994, and the Norms of Journalistic Conduct of Press Council of India and aims to ensure that advertisements do not contain any misleading claims.

    e. The Advertisers are required to ensure accuracy and completeness of the details, before uploading the self-declaration certificate.

    f. The successful submission of the details generates an acknowledgment receipt.

    g. Advertiser shall be required to provide proof of uploading the self-declaration certificate to the relevant broadcaster, printer, publisher, or electronic media platform for their records. As per the supreme court’s directive and the press release, no advertisement will be permitted to run on television, print media, or the internet without a valid self-declaration certificate.

    ii Elucidation required by MIB on the Self-Declaration requirement:

    Among several obscurities in the Press Release, listed below are few major concerns:

    a.  Ambiguity on terms used in the press release by MIB:

    No clarity has been given either in the order or the press release, as to who will be considered as an ‘advertiser’ or an ‘advertising agency’. However, in the absence of clarifications, reliance is being laid on the definitions given under the guidelines. Furthermore, MIB requires a self-Declaration certificate to certify that the advertisement does not contain “misleading claims”, but the press release lacks clarity on what is considered as a “misleading claim”. Reference could be drawn from the CPA, and the definition of “misleading advertisement” included therein as mentioned hereinabove. However, based on assumptions, one cannot be certain if avoiding a “misleading advertisement” would fulfil the criteria of not being considered as a “misleading claim”.

    b. Ambiguity on requirement of  separate certificates for uploading one advertisement in different languages:

    There is no clarity on this aspect, however, drawing an analogy with CBFC certification, where a different CBFC certification is required when a movie is to be released in a different language, so that the committee can examine if any translated dialogue would fall foul of its earlier criteria for certification, it would be prudent for advertisers to procure separate self-declaration certificates for different languages of the same advertisement.

    c. Ambit of the MIB press release and question over inclusion of social media

    According to the order and the press release, digital/internet-based advertisements would also require a self-declaration certificate. 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 (i) internet (advergames, sponsored posts, branded content, promotional blogs, paid-for links, gamification, in-game advertising, teasers, viral advertising, augmented reality, native advertising, connected devices, influencers, etc.); (ii) 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.; (iii) Mobile broadcast, mobile, communications content, websites, blogs, apps, etc. / Digital TV (including digital video broadcasting handheld and terrestrial), etc.; (iv) NSTV (non-standard television); (v) DDHE (digital delivery home entertainment); (vi) DTT (digital terrestrial television)

    Although the MIB press release is not free from ambiguity on its applicability to social media such as Instagram, Facebook, X, YouTube, etc., it would be sagacious to adhere to the directives and the Press Release to avoid potential legal repercussions in future, and ensure that there is no scope for claims to arise, in instances where the content so created and exploited constitutes an advertisement as per the foregoing definitions.

    iii Exclusions and Exceptions to the Self Declaration Requirement

    It was directed by the supreme court that no advertisements would be permitted on relevant channels (assuming channels on TV and radio), print media, or the internet without a self-declaration certificate. However, the MIB carves out exceptions for classifieds, personal advertisements, statutory advertisements, public information notices, tenders, and advertisements related to public functions. However, with respect to classifieds, classified advertisements directly related to consumer products and services will come under the ambit of self-declaration certification. Additionally, the MIB press release is not retrospective in nature and shall not be applicable to ongoing advertisements currently. The new advertisements (which are to be published after 18 June, 2024 whether made prior to 18 June or made after 18 June) would require a self-declaration certificate.

    Conclusion

    Celebrity endorsements offer increased brand visibility, credibility, and influence over consumer behaviour, often affecting sales and revenue of the brand in relation to the product/service advertised. However, legal liabilities arise if endorsements are misleading, as per several guidelines, statutes and judicial precedents. The recent Patanjali judgment highlights the responsibility of both advertisers and endorsers in combating misleading advertisements. The court’s stance on the liability of celebrities and social media influencers for endorsing misleading ads underscores the importance of ethical advertising practices and prioritizes consumer welfare. The order in this case, therefore, may widen the ambit of liability for endorsers such as celebrities or influencers, and thereby, result in greater due diligence required by such endorsers, to avoid falling foul of the law. The supreme court’s directive requiring self-declaration certificates from advertisers and advertising agency before airing advertisements on all modes is a measure to combat misleading advertisements and safeguard consumer interest, however, it shall increase the burden of compliance for various companies and brands engaging in advertisements. Lack of proper monitoring mechanism for such compliance especially for a vast space like digital media, it would be interesting to see how the ministries would ensure adherence of the directives by the advertisers and advertising agencies.

    Mukherjee is a senior associate and Verma is an associate with law firm ANM Global. The views expressed in this article are entirely their own and Indiantelevision.com need not subscribe to them.

  • Ad self-certification: Industry requests MIB to postpone implementation

    Ad self-certification: Industry requests MIB to postpone implementation

    Mumbai: For most in the media industry, 18 June appears to be a very ominous day. Four days from now, agencies and brands will have to ensure that every advertisement – whether created for print, internet, radio or for TV – is put through a process of self-certification with the portals https://new.broadcastingseva.gov.in or https://presscouncil.gov.in.

    In fact, so stressed are they with the impending date that the Indian Society of Advertisers (ISA) has petitioned the ministry of information and broadcasting to postponed the self certification process as, citing issues such as delays in uploading to the portals..

    In a letter to the MIB secretary Sanjay Jaju on 12 June, ISA chairman Sanjiv Kataria has expressed the industry’s support to the initiative, but has asked for deferment of the date until the supreme  court hears their concerns about the latter’s order passed on 7 May 2024. The ministry has made it mandatory for advertisers/agencies to self certify  ads, and for publisher/broadcasters s to ensure they collect the certificates before publishing or telecasting any ads from clients.

    Kataria in his letter has pointed out to issues such as a lack of security for the uploads, lagging, slow uploads, challenges in OTP generation, file size limitation of 1 MB for every creatve, signing authority for each creative, duration of validity of the certification, whether every language version,  social media message, tweet, reel, AFP, brand integration needs to be certified – among many other areas where there is a lack of clarity. Please see attachment with this story for the issues raised by the ISA.

    Urgent Request to Postpone Implementation of Self-Declaration Process

    Industry veterans have welcomed the move by the supreme court and the MIB to self certify ads and marketing communications. Says former ad executive and former CEO of Star India Peter Mukerjea: “The industry brought this on themselves by some advertisers making wild, inaccurate , insane, irresponsible claims about all kinds of stuff – agencies not following an ethical or moral standard, creatives making a mockery of features including sometimes potentially life threatening behaviour and chucking in celebs to popularise the messaging ! (Eg SRK driving a  car like a nut case in and out of  lanes and so on, not to mention Patanjali and any number of such ) . ASCI turned a blind eye and is almost irrelevant. Personally Im glad this speed breaker has been put in place to reawaken society to ‘responsible communication’ at multiple levels. Sadly they’ve left out ‘outdoor’ ! ( I’m sure it will get added ).  Well done Honble SC. “

    The ISA was awaiting the MIB’s response at the time of writing of this report.

  • CCPA and ASCI join hands to strengthen Advertising Regulation in India

    CCPA and ASCI join hands to strengthen Advertising Regulation in India

    Mumbai: The Department of Consumer Affairs (DoCA) and The Advertising Standards Council of India (ASCI) both operate with a mutual goal of protecting consumer interests. This objective is central to the missions of both ASCI and the Central Consumer Protection Authority (CCPA) when it comes to the issue of misleading advertisements.

    It is noteworthy that ASCI’s code and associated guidelines in the area of advertising are harmonious with several guidelines enforced by the Central Consumer Protection

    Authority. These encompass guidelines concerning misleading advertisements, dark

    patterns, influencer guidelines, coaching institutes, greenwashing and more.  In light of this alignment, the CCPA has recognized that any violation of ASCI’s code pertaining to misleading advertisements may potentially contravene the Consumer Protection Act of 2019 and its related guidelines.

    Therefore, the CCPA has requested ASCI to forward any advertisement that is non-compliant with the ASCI Code and could potentially violate the Consumer Protection Act, 2019, along with its accompanying guidelines, to CCPA for appropriate action. Any such case escalated by ASCI concerning misleading advertisements will be promptly addressed and handled in strict accordance with the Consumer Protection Act 2019 by the CCPA.

    This collaboration comes amidst the growing complexity of the advertising landscape, especially with respect to digital advertising. Commenting on this development, Shri Rohit Kumar Singh, Secretary DoCA said, “The alignment between ASCI’s code and CCPA’s guidelines highlights a collective effort towards promoting transparency and fairness in advertising. With similar objectives, CCPA and ASCI can work in complementary ways to ensure that any infringements are addressed effectively. New challenges are being created by digital advertising, and keeping pace demands a collaborative approach with like-minded bodies.  Regulators working closely with self-regulators is an established best practice, and we hope that with this partnership, the regulation of Indian advertising keeps getting more effective. Where voluntary compliance with the CCPA guidelines is not forthcoming, or in the case of repeat offenders, the CCPA has the power to impose fines and penalties. We will not shy away from enforcing the provisions of the Consumer Protection Act as needed.”

    ASCI CEO and secretary-general Manisha Kapoor said, “We have been working closely with DoCA and CCPA on several issues, and we are truly delighted to deepen this relationship.  ASCI has deep expertise and specialization in advertising regulation and we thank CCPA and DoCA for their trust and their collaborative approach. A robust self-regulatory system helps all stakeholders and this partnership is a positive step in taking self-regulation to the next level.”

    DoCA and ASCI have, in recent times, held joint consultations and collaborations on several issues surrounding advertising such as Influencer Guidelines, Greenwashing, Dark Patterns and Surrogate Advertising, creating greater dialogue and alignment between industry, civil society and regulators. Advertising self-regulators around the world work closely with governments in models of co-regulation in formal and informal ways. Given the complex nature of advertising today and the borderless nature of the online space, issues like disguised advertising, deepfakes and scams are coming to the fore, such partnerships gain significance in effective advertising regulation.

  • ASCI and the DoCA host consultation with stakeholders on surrogate ads

    ASCI and the DoCA host consultation with stakeholders on surrogate ads

    Mumbai: The Advertising Standards Council of India (ASCI) and the Department of Consumer Affairs (DoCA) collaboratively convened an interactive consultation on 22 February 2024 in Mumbai, focussed on industry stakeholders operating in categories whose advertising is restricted, such as alcohol, tobacco, and gambling. The primary objective was to address the pervasive issue of surrogate advertisements and to facilitate discussions on overcoming associated challenges, aiming to establish rigorous adherence to advertising regulations and guidelines within these sectors.

    Surrogate advertising remains a concern for restricted categories. In the last three years, ASCI processed complaints against 49 ads for potential violation of the ASCI Code’s Guidelines for Qualification of Valid Brand Extension. Among these, 36 ads were alcohol-related, 12 ads from betting platforms and 1 Pan Masala ad that potentially violated the guidelines. Alarmingly, 98 per cent of these processed ads required modification to align with regulatory standards. Over the last three years, ASCI has also reported 1085 cases of advertisements that were in direct violation of law to both central and state regulators. 765 of these were illegal betting ads and 320 were direct liquor advertising.

    ASCI has regularly refined its guidelines, particularly considering the potential harm associated with advertising of these categories. The latest update implemented in December 2023, emphasizes that advertising spends for legitimate brand extension products must align with the extension’s sales turnover. This measure aims to enhance transparency and accountability in advertising practices.

    The consultation underscored key discussion points;

    A.  There should be a clear distinction between the brand extension and the restricted product or service being advertised:

         1.  the story or visual of the advertisement must depict only the product being advertised and not the prohibited product in any form.

         2.  the ad must not make any direct or indirect reference to prohibited products.

         3.  the ad must not contain any nuances or phrases promoting prohibited products.

         4.  the ad must not use colour, layout, or presentations associated with the prohibited products.

         5.  the ad must not use situations typical for the promotion of prohibited products when advertising the other products.

    During the discussion, DoCA secretary Shri Rohit Kumar Singh said “Surrogate advertisements that promote products in restricted categories undermine consumer rights and can have serious implications. There is a pressing need to halt the proliferation of surrogate ads across industries. If respective prohibited industries fail to adhere to this guideline and comply with existing laws, more stringent actions will be implemented. We are committed to working collaboratively with all stakeholders as we navigate through this evolving issue. We look forward to providing all assistance to ASCI in examining this issue and building a comprehensive framework to protect consumers.”

    Underlining the critical need for action against surrogate ads, ASCI CEO and secretary general Manisha Kapoor said, ” Surrogate advertisements are in breach of the law, as are direct ads in restricted categories. It is important that the distinction between permitted brand extensions and surrogate advertising are clearly defined and complied with. ASCI has been vigilant in processing surrogate advertising, as well as reporting direct advertising to appropriate regulators. We would like to support various regulators such as DoCA and relevant state excise authorities in addressing this pressing issue. Together, we aim to effectively eliminate deceptive advertising practices.”

    Discussions were held around rampant surrogate ads which are illegal in India. The consultation between DoCA, ASCI, online gaming associations like All India Gaming Federation and E-Gaming Federation, pointed out the immediate need to stop such advertisements. Indian online gaming industry, paying taxes and registered in India are feeling the brunt of illegal advertisements and promotions by Offshore gaming platforms. The discussion also focussed on the rampant use of celebrities in the ads of prohibited products which needs to be controlled.

    Representatives from government bodies, including the Central Board of Film Certification (CBFC), Ministry of Information and Broadcasting (MIB) and Trademark Authority, shared their views on how to regulate such surrogate advertisements.

    The consultation convened an array of industry stakeholders, regulatory bodies, and experts to deliberate on effective strategies to deal with surrogate advertising. Key discussions revolved around enhancing transparency, strengthening enforcement mechanisms, and promoting responsible advertising practices.

  • ASCI introduces guidelines to ensure honest environmental claims in advertisements

    ASCI introduces guidelines to ensure honest environmental claims in advertisements

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

    Effective from 15 February, 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 refers to unsubstantiated, false, deceptive, or misleading environmental claims about products, services, processes, brands or operations as a whole. It is often seen that products make such broad claims although only a very small component or part of the product is green. The ASCI guidelines require advertisements to make specific claims limited to the part of the product or service that actually has the environmental benefit. Advertisements must not claim an environmental benefit that results from a legal obligation if competing products are subject to the same requirements. The guidelines also require that all seals and certifications must be from accredited organizations. Future promises of being green cannot be made unless there are some specific plans to achieve those claims.

    Greenwashing 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:

    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.

    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.

    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.

    –  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.

    –  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.

    –  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.

    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/trade name 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.

    – 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.

    – 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.

    – 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:

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

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

    ASCI, CEO and secretary general Manisha Kapoor said, “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.”

    Link to Guidelines for Advertisements Making Environmental/ Green Claims

  • ASCI fortifies guidelines for qualification of brand extension of restricted categories

    ASCI fortifies guidelines for qualification of brand extension of restricted categories

    Mumbai: The Advertising Standards Council of India (ASCI) has updated its guidelines for ‘Qualification of Brand Extension-products and services’ under the restricted category prohibited from advertising by law. These modifications have been detailed in Chapter III Clause 3.6 (a) of the ASCI code, and specifically target brand extensions associated with restricted categories such as liquor and tobacco.

    While ASCI had in place specific guidelines for brand extension, which were modified a few months back, it was felt necessary to further strengthen these in view of mega-budget celebrity campaigns during high-profile sporting events in India. ASCI’s current guidelines provide for brand extensions to cross certain thresholds of business, investment or distribution criteria for them to be considered genuine extensions. ASCI has now added specific criteria also for advertising spends in relation to turnover of the said extension.

    Key Features of the New Code for Brand Extensions:

    1.    Advertising spends have to be in proportion to sales turnover of extension: ASCI has mandated that the advertising budget for genuine brand extensions of restricted master brands has to be commensurate with the extension’s sales turnover. The proportions for the ad budgets are capped at 200 per cent (ie. not more than 200 per cent) of the turnover in the first two years of launch of the extension, followed by 100 per cent (i.e. not more than 100 per cent) of revenue in the third year, 50 per cent in the fourth year, and 30 per cent thereafter. The advertising budget includes media expenditure across all forms of media in the previous 12 months, payments to celebrities for brand endorsements on an annualised basis, and the annual average money spent on advertising production for the brand extension in the previous three years.

    This measure will ensure a balanced approach to advertising investment in alignment with the extension’s sales performance over time.

    2.    Treatment of Variants under Brand Extension: For clarity, any variants launched under the brand extension will not be considered as a fresh extension. The original date of the first brand extension will apply.

    3.    Certification by Reputed CA Firms: To ensure genuine compliance, all evidence supporting the brand extension’s qualifications for advertising must be certified by a reputed and independent CA firm.

    4.    If a brand extension of a parent brand that is under one of the restricted categories don’t meet the updated qualifications, ASCI will not consider it to be a genuine extension, but a surrogate created to advertise a restricted category. ASCI’s updates will contribute to maintaining the integrity of advertising in India, upholding ethical standards, and protecting consumers from misleading practices.

    Throwing more light on the amendment to the fresh changes to the Brand Extension Guidelines ASCI CEO and secretary general Manisha Kapoor said, “As part of our ongoing commitment to consumer protection and ethical advertising, ASCI has introduced these new additions to the brand extension guidelines. These measures are essential to prevent the misuse of brand extensions as surrogates for advertising in restricted categories. We believe that these guidelines will strengthen the integrity of advertising in the industry.”

  • ASCI elevates ad standards with a vigilant system of digital surveillance. Green claims scrutinised. – Manisha Kapoor, ASCI

    ASCI elevates ad standards with a vigilant system of digital surveillance. Green claims scrutinised. – Manisha Kapoor, ASCI

    Mumbai: 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 the 31st of December 2023, post which they will be finalised. Developed by a multi-stakeholder task force, 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.

    Environmental claims include, suggesting or creating an impression that a product or a service has a neutral or positive impact on the environment, is less damaging to the environment than a previous version of the same product or service or a competitive product or has specific environmental benefits.

    Environmental/Green claims can be explicit or implicit. They can appear in advertisements, marketing material, branding (including business and trading names), on packaging or in other information provided to consumers.

    Indiantelevison.com spoke to ASCI secretary general & CEO Manisha Kapoor on the fresh guidelines and the reasoning behind it now. Once the rules are framed, how they will be implemented and much more…..

    On 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.” ….it is very easy to say this but how will this be implemented on a larger scale across mediums

    ASCI has a well-established code and mechanism for resolving grievances against objectionable ads. Greenwashing is a kind of misleading ad. Not only are such claims against the ASCI Code, but any misleading ad violates The Consumer Protection Act, 2019 as well.  Besides accepting public grievances, ASCI’s extensive surveillance system, which includes TAM tracking digital channels and platforms, 32 national newspapers, 50 magazines, and 425 TV channels in 14 languages, ensures that we are looking at advertising across media and geography.

    This proactive system, complemented by an in-house digital surveillance team, effectively oversees various mediums. This comprehensive approach underlines ASCI’s commitment to maintaining standards across the diverse landscape of advertising platforms, and we will be scrutinizing green claims as a part of this effort

    On being environment-friendly, sustainable, etc are oft-used words, how will a brand now make sure that these words are not used loosely, what would be ASCI’s implementation on this? For carbon offset claims and compostable, biodegradable, recyclable, non-toxic, free-of, etc. claims, how will this be implemented

    Once finalized, ASCI’s guidelines will be implemented through proactive Suo-moto surveillance as well as efforts to educate the industry and consumers. These guidelines will help advertisers navigate the complexities of green claims and set clear directives for acceptable advertising practices on the subject, with a specific focus on preventing the indiscriminate use of broad terms such as “environment-friendly” “sustainable.” etc. Brands will be required to substantiate their environmental claims with concrete evidence to ensure accuracy and relevance.

    It is recommended that advertisers use narrower claims for which they can provide clear evidence. Advertisers will need to provide competent and reliable scientific evidence for claims regarding carbon offset, compostability, biodegradability, recyclability, non-toxicity or any other environmental claims made in advertising. The guidelines also call for transparency in the evaluation process of these claims and require certifications from nationally or internationally recognized authorities to verify the authenticity of such claims.

    On Influencers and Celebrities endorsing such claims what will be the implication on them, will the brand be held responsible or the person endorsing it

    By ASCI’s guidelines, influencers and celebrities endorsing environmental claims must ensure they have done due diligence to ensure the accuracy and reliability of their information. By law, endorsers need to make sure they have done due diligence for the ads they endorse, or else they can be fined or suspended from endorsements. In the past, the government has taken action against celebrities as well as brands. ASCI has an ‘Endorser Due Diligence’ service in place through which endorsers, including celebrities, can ensure they have taken all precautions to feature in ads without misleading content.

    On how clear is the context, about 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. Can you elaborate on this

    The guideline emphasizes precision and transparency in environmental claims. If not evident from the context, any claim regarding a product’s environmental impact should explicitly mention whether it pertains to the entire product, its packaging, a specific service, or only a portion of the product, package, or service. This ensures that consumers receive clear and accurate information about e what specific aspects of a product or service are green. The goal is to prevent ambiguity and promote transparency in advertising practices, aligning with ASCI’s commitment to responsible advertising.

    On how does a common consumer differentiate between genuine claims and claims made by so-called influencers on various social media platforms, especially Instagram

    Consumer vigilance and education on advertising is a key aspect ASCI is working on as part of the ASCI Academy. We have tied up with several civil society organizations to improve the advertising literacy of consumers. We will also soon launch a certification course for influencers to ensure their work is responsible. While consumer education is a large and long-term exercise, ASCI is stepping up its efforts in this area along with several other organisations.

  • Multiple stakeholders come together to form ASCI Academy

    Multiple stakeholders come together to form ASCI Academy

    Mumbai: The Advertising Standards Council of India (ASCI) proudly unveils the ASCI Academy, a pioneering initiative poised to amplify the advertising industry’s capacity to create more responsible and progressive advertising campaigns. Building upon ASCI’s established corrective role which comes alive post ad publication, this  pioneering platform embeds self-regulation right at the point of the inception of  advertisements.

    In today’s digital landscape, characterised by brief campaign durations and a surge in number of advertisers, the ASCI Academy is positioned to empower current and future industry professionals including influencers and students with a foundational understanding of advertising regulations, ensuring ethical practices from the outset.

    The ASCI Academy’s core mission is to cultivate a cohort of advertising professionals dedicated to upholding responsibility in advertising, ultimately upholding consumer trust in brands.

    The academy strategically consolidates ASCI’s extensive thought leadership and educational programs under one comprehensive umbrella. The academy’s spectrum of programs caters to diverse needs, spanning online, in-person, and hybrid formats. From e-learning modules to topical webinars, from deep-diving masterclasses on regulatory nuances to enhancing teaching skills through faculty development programs, the academy covers it all. Additionally, influencer certification programs ensure responsible endorsement practices, while consumer education initiatives foster informed choices.  Through sustained training and research efforts, the ASCI Academy remains steadfast in its commitment to engage stakeholders in the preventive aspects of self-regulation. The ASCI Academy brings together stakeholders united by a shared belief in responsible advertising

    practices. The Academy has over 50 founding partners and supporters including Cipla Health Ltd, Coca-Cola India Pvt Ltd, Colgate-Palmolive (India) Ltd, Diageo India, Hindustan Unilever Ltd, Mondelez India Foods Pvt Ltd, Nestlé India Ltd, PepsiCo India Holdings Pvt Ltd., Procter & Gamble Home Products Pvt Ltd, several leading universities and colleges, prominent Civil society organisations such as Mumbai Grahak Panchayat, Consumer Voice, CUTS, CMS and others, and, industry bodies  like the ISA, AAAI, IAA and ISWAI, as well as research insight organisations.

    Department of consumer affairs secretary Rohit Kumar Singh said, “I congratulate  ASCI on the launch of the ASCI Academy. In the digital age, preventive actions need strong impetus and encouragement, and the training of industry professionals – current and future is an important systemic intervention. The Department of Consumer Affairs is supportive of such efforts by the advertising self-regulator to foster a culture of responsibility in the advertising industry. We hope that the advertising industry engages  deeply with the Academy programs to make their teams better trained and educated on  the aspects of advertising regulations.”

    Ministry of information and broadcasting, joint secretary, Vikram Sahay, who is part of the ASCI Academy’s Apex Council said, “Many congratulations to ASCI on the launch of the ASCI Academy. The Ministry of Information & Broadcasting has always supported self-regulatory mechanisms in the media and entertainment industry. We hope that the  resources and support by the Academy would be extremely useful for the online  advertisers and platforms.”

    Addressing the opening of the academy, ASCI chairman NS Rajan said: “While ASCI has always had a strong corrective mechanism, we also wanted to harmonise the dynamic interplay between creativity and responsibility and address the broader consequences of advertising on society at large. The ASCI Academy is a big step in this direction which will  facilitate a preventive footprint and shape an advertising ecosystem to help the industry  to get it right.”  

    ASCI CEO and secretary general Manisha Kapoor added, “With short campaign durations, it is important that attention is directed at the point of creation of ads, not just after they are published. When the only ads to hit the market are responsible and compliant, it is a win-win for both consumers and industry. Over the next three years, ASCI Academy aims to train 100,000 current and emerging professionals through self-learning and on-campus workshops and sessions, besides programs for research and consumer education. This is a new chapter in self-regulation in India, and we are grateful to all our founding partners for supporting this vision. We hope to add several more believers in this agenda- this is just the beginning”.