Tag: Indian Society of Advertisers

  • Indian watchdog had reason to raid global ad agencies for price-fixing

    Indian watchdog had reason to raid global ad agencies for price-fixing

    MUMBAI: Even as India’s advertising industry executives were painting the town red at their annual jamboree in Goa, a Reuters exposé should have them reaching for paracetamol. The party-poopers at India’s Competition Commission have uncovered a cosy cartel that makes the old boys’ club look positively egalitarian.

    A confidential document dated 7 February reveals that global advertising giants have been caught red-handed coordinating the commissions they charge clients—a practice about as competitive as a rigged horse race. The evidence was so damning it prompted surprise raids in March at the Indian offices of WPP-owned GroupM, Interpublic, Publicis and Dentsu, along with three industry bodies that apparently forgot the first rule of cartels: don’t leave a paper trail.

    The Competition Commission of India’s  (CCI’s) sleuths discovered not one but three separate cartels operating through the Indian Society of Advertisers, the Advertising Agencies Association of India  (AAAI) and the Indian Broadcasting and Digital Foundation (IBDF) . It’s like finding out your local parish council is actually running the mafia.

    Since at least 2023, these agencies have been exchanging commercially sensitive information through WhatsApp groups. They agreed to stick to pre-decided commission structures with the discipline of a Swiss watch, the commission found.

    The AAAI, which represents the big four agencies, didn’t just coordinate prices. It organised virtual meetings to align on responses to clients and discussed “retaliatory action” against members who dared to break ranks. The group also “fixed the formula for fees in case of fee-based service to advertisers”, the commission noted—apparently unaware that price-fixing went out of fashion around the same time as top hats.

    None of the accused parties responded to Reuters’ queries, maintaining the kind of stony silence usually reserved for caught teenagers or politicians facing corruption charges.

    The case was triggered after Dentsu turned whistleblower—a move that proves there really is no honour among thieves. The revelations cast a shadow over India’s booming media sector, where Reliance-Disney and Sony are top dogs in a market worth $18.5 billion last year.

    The commission found that advertisers had “established a buyer’s cartel” whilst broadcasters engaged in “collective action to refrain from giving discounts.”. Another cartel lurks in the media segment, with attempts underway to establish one in the creative business too, because apparently one conspiracy just isn’t enough.
    In recent weeks, the AAAI  has privately advised members to avoid pricing discussions during meetings unless their legal adviser is present.

    The investigation comes as India’s advertising landscape shifts following last year’s $8.5 billion merger between Walt Disney and Reliance’s Indian media assets, creating a behemoth with an estimated 40 per cent share of the television and streaming ad market.

    India ranks as the world’s eighth-biggest advertising market, making this less a local spat and more a global reckoning. The CCI’s  investigation is expected to rumble on for several months before final findings emergE.

  • 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.

  • ISA backs Barc’s data validation method to mitigate impact of landing page

    ISA backs Barc’s data validation method to mitigate impact of landing page

    Mumbai: The Indian Society of Advertisers (ISA) issued  a statement recently backing Broadcast Audience Research Council (Barc) India’s landing page algorithm.

    ISA chairman Sunil Kataria said, “Barc algorithm detects landing page with a very high success rate and once detected, the algorithm seeks to remove any forced and voluntary viewership that gets counted as real viewership for that channel.”

    He further said, “This is a fair method and advertisers are aligned on the solution executed by Barc on the issue of landing page viewership.”

    As part of its ongoing Data Validation Quality initiative aimed at improving measurement science and mitigating impact on viewership of extraneous factors, Barc has introduced an algorithm into its data validation method to remove the impact of landing page on forced viewership data across channels. This method directly uses inferential statistics to deliver better results across all genres. This has been verified and authenticated by Barc’s technical committee.

    Earlier, broadcasters represented under the banner of News Broadcasters Federation (NBF) had questioned Barc data validation method and asked it to completely remove the impact landing page data from its viewership estimates. They claimed that use of landing page by news broadcasters equated to an ‘unfair trade practice’. The association also sent a letter addressed to minister of information and broadcasting Anurag Thakur to resolve the issue.

    Established in 1952, the ISA represents the interests of over 170 advertisers, advertising agents and media organisations in the country.

  • ISA issues advisory to its members on broadcasters pulling out of Barc ratings

    ISA issues advisory to its members on broadcasters pulling out of Barc ratings

    Mumbai: The Indian Society of Advertisers (ISA) has issued an advisory to its members in support of Broadcast Audience Research Council (Barc) India TV ratings. 

    In the letter, it said, “It has been brought to our notice that some publishers would be opting out of the Barc rating system.”

    The advisory draws the attention of advertisers to the practice of broadcasters that do not subscribe to the established system of advertisement measurement, which has been jointly agreed upon by all stakeholders – advertisers, agencies and broadcasters.

    The advisory reads, “advertisers may independently assess the situation and make an informed decision concerning such platforms while dealing with advertisements.”

    “In India, TV ratings are being measured by Barc, print by IRS (Indian Readership Survey) etc.” said the letter. “The primary objective of TV ratings is to know the returns on heavy media investments made by the advertisers.”

    Barc is a joint industry body set up to design, commission, supervise and own an accurate, reliable and timely television audience measurement system for India. It currently measures the TV viewing habits of 210 million TV households in the country, using 44,000 sample panel homes.

    “By using audience data, one (the advertisers) can ensure that very little advertising spend is wasted,” said the letter. “As the 19th-century famous quote by John Wanamaker says ‘half the money I spend on advertising is wasted, the trouble is I don’t know which half.”

    The letter further iterates, “The above quote isn’t true when media is measured! Wanamaker’s quote works only when the media audience is not measured.”

  • Sunil Kataria re-elected as chairman of Indian Society of Advertisers

    Sunil Kataria re-elected as chairman of Indian Society of Advertisers

    Mumbai: The newly elected executive council of the Indian Society of Advertisers (ISA) has re-elected Godrej Consumer Products Ltd (GCPL), CEO- India, and SAARC Sunil Kataria as chairman of the body. He was re-elected for the sixth consecutive term.

    “Kataria has led the Society over the past five years to greater heights garnering support from the fellow executive council members, the ISA members, and other industry bodies,” said the association in a statement.

    “The focus will be to make the ISA even stronger in future to provide value-added support to our members for the new normal and beyond. With digital advertising having ascended as second only to TV and growing even further, our endeavour this year would be to take forward our efforts in the area of digital measurement. The ISA’s plans to work with Barc to create a Multimedia Measurement are progressing in good shape,” said Kataria.

    ISA has served as a strong voice for the advertisers over the last 69 years, and played a significant role in the formation of Barc and is closely partnering with it towards advertisers getting robust and credible data.

  • BARC India mulls client contract review & enforcing opt-out clause

    BARC India mulls client contract review & enforcing opt-out clause

    NEW DELHI: India’s TV audience measurement company Broadcast Audience Research Council of India (BARC India) is contemplating a complete review and legal overhaul of contracts it signs with subscribers and also enforcing the opt-out clause mentioned in agreements with an aim to streamline the whole measurement process and safeguard against increased litigation.

    Indian broadcast industry sources, while confirming such a move is afoot, indicated the thinking within BARC India is that to bring about more transparency in the ecosystem and further boost credibility of the viewership audit, it’s imperative to legally “review and amend” the way in which the contracts are phrased so there’s more clarity.

    The sources pointed out that under the present agreement terms, BARC India can opt out of providing measurement and ratings services to any subscriber, especially those that it sees as “compromising” its position in the industry.

    According to the wordings of its sample client contract, BARC India shall have the right to terminate an agreement, of course by giving written notice, if a subscriber “commit(s) an act, which brings BARC into public disrepute, contempt, scandal (and) ridicule”. This clause is amongst several other such conditions stipulated in an agreement that BARC India signs with an organization that starts subscribing to the paid, full and detailed services of the ratings audit firm.

    Industry sources, familiar with wordings in an agreement, said a legal interpretation states BARC is not obligated or under compulsion to provide or continue to provide its ratings service to a client. “In fact the onus of renewing the annual contract lies on the (paid) subscriber and, while BARC has so far been proactive in renewing contracts under the terms of the agreement, it can leave it up to the clients to seek renewal,” a source explained.

    BARC India, which is  promoted jointly by the Indian Broadcasting Foundation (IBF), the Advertising Agencies Association of India (AAAI) and the Indian Society of Advertisers (ISA), in November 2016 suspended for four weeks the review of viewership of three TV news channels. Reason: alleged activities aimed at manipulating viewership.

    The news channels concerned subsequently moved the Bombay High Court that immediately granted them temporary relief, while one of the channels also sued BARC India for defamation, seeking financial damages. The appeal is still in  the high court in Mumbai, the jurisdiction area for a legal dispute involving BARC India.

    The review process of contractual obligations, deliverables and suspension is being undertaken by BARC India  at a time when it prepares to rollout its digital measurement services some time later this year or early 2018. It is also set to expand its people meter sample in the next few months.

    For this, it had sought global expertise through a process that has elicited interest from several existing measurement firms, including Nielsen. BARC India replaced TAM India, a joint venture between Nielsen and WPP-owned Kantar Media, for viewership measurement in India little over two years back.

    ALSO READ:

    BARC India suspends three errant channels’ review

    In deference to court, BARC to release suspended channels’ data

    ‘Name and shame delinquent channels’

     

  • BARC India mulls client contract review & enforcing opt-out clause

    BARC India mulls client contract review & enforcing opt-out clause

    NEW DELHI: India’s TV audience measurement company Broadcast Audience Research Council of India (BARC India) is contemplating a complete review and legal overhaul of contracts it signs with subscribers and also enforcing the opt-out clause mentioned in agreements with an aim to streamline the whole measurement process and safeguard against increased litigation.

    Indian broadcast industry sources, while confirming such a move is afoot, indicated the thinking within BARC India is that to bring about more transparency in the ecosystem and further boost credibility of the viewership audit, it’s imperative to legally “review and amend” the way in which the contracts are phrased so there’s more clarity.

    The sources pointed out that under the present agreement terms, BARC India can opt out of providing measurement and ratings services to any subscriber, especially those that it sees as “compromising” its position in the industry.

    According to the wordings of its sample client contract, BARC India shall have the right to terminate an agreement, of course by giving written notice, if a subscriber “commit(s) an act, which brings BARC into public disrepute, contempt, scandal (and) ridicule”. This clause is amongst several other such conditions stipulated in an agreement that BARC India signs with an organization that starts subscribing to the paid, full and detailed services of the ratings audit firm.

    Industry sources, familiar with wordings in an agreement, said a legal interpretation states BARC is not obligated or under compulsion to provide or continue to provide its ratings service to a client. “In fact the onus of renewing the annual contract lies on the (paid) subscriber and, while BARC has so far been proactive in renewing contracts under the terms of the agreement, it can leave it up to the clients to seek renewal,” a source explained.

    BARC India, which is  promoted jointly by the Indian Broadcasting Foundation (IBF), the Advertising Agencies Association of India (AAAI) and the Indian Society of Advertisers (ISA), in November 2016 suspended for four weeks the review of viewership of three TV news channels. Reason: alleged activities aimed at manipulating viewership.

    The news channels concerned subsequently moved the Bombay High Court that immediately granted them temporary relief, while one of the channels also sued BARC India for defamation, seeking financial damages. The appeal is still in  the high court in Mumbai, the jurisdiction area for a legal dispute involving BARC India.

    The review process of contractual obligations, deliverables and suspension is being undertaken by BARC India  at a time when it prepares to rollout its digital measurement services some time later this year or early 2018. It is also set to expand its people meter sample in the next few months.

    For this, it had sought global expertise through a process that has elicited interest from several existing measurement firms, including Nielsen. BARC India replaced TAM India, a joint venture between Nielsen and WPP-owned Kantar Media, for viewership measurement in India little over two years back.

    ALSO READ:

    BARC India suspends three errant channels’ review

    In deference to court, BARC to release suspended channels’ data

    ‘Name and shame delinquent channels’

     

  • ISA elects Marico’s Saugata Gupta as chairman

    ISA elects Marico’s Saugata Gupta as chairman

    MUMBAI: The newly elected executive council of the Indian Society of Advertisers (ISA) met on 11 September and elected Marico’s managing director Saugata Gupta as its new chairman.

     

    He takes over from Hemant Bakshi as he relocates to Unilever Indonesia as the CEO.

     

    Gupta has been lending his support to the ISA for a long time as his colleagues from senior levels in marketing and media have been active in different committees of the ISA.  An MBA from IIM Bangalore, Gupta has rich FMCG experience of over two decades having worked through ascending career rung in Cadbury (India & UK), ICICI Prudential & Marico. Currently, MD of Marico, he believes in an empowering work culture that would create ownership and make a difference in to the entire business ecosystem.

     

    Gupta said, “Our focus would be on making industry partnership stronger and in particular to extend all support that is needed to help BARC come up as soon as possible with industry wide accepted and accurate TV audience research data representing viewers across the country. I am looking forward to the exciting times ahead for Advertisers, industry partners and fraternity associations to work as a stronger team to harness overall growth of advertising which in turn will help grow businesses and the Indian economy.”

     

    The ISA has advertiser members from across industries who contribute to over two-thirds of the country’s national non-governmental ad spends.  ISA, which is member of the World Federation of Advertisers (WFA), continues to partner with other industry bodies that connect to the advertisers such as initiating the formation of BARC.

     

    Other members of the Executive Council are:

     

    Tata Services Group Corporate Communications Corporate Affairs VP Atul Agrawal

     

    Thomas Cook (India) Marketing and Service Quality head and chief innovation officer Abraham Alapatt

     

    Agro Tech Foods director Narendra Ambwani

     

    Bajaj Corp Business Development director Jimmy R Anklesaria

     

    Infogain India director JC Chopra

     

    Raymond strategic advisor Paulomi Dhawan

     

    Procter & Gamble Hygiene and Health Care brand director Sonali Dhawan

     

    Aditya Birla Management Corporation Group Corporate Services and Strategy director Rajiv Dube

     

    Godrej Consumer Products chief operating officer – Sales, Marketing & SAARC Sunil Kataria

     

    Bajaj Electricals vice president & head advertising and brand development Beena Leji Koshy

     

    Tata Global Beverages managing director and CEO Ajoy K Misra

     

    Anisha Motwani, Director & Chief Marketing Officer, Max Life Insurance Co. Ltd.

     

    Mondelez India Foods Chocolate Category and Media director Siddhartha Mukherjee

     

    Birla Sun Life Asset Management independent director Bharat V Patel

     

    ITC divisional chief executive Sanjiv Puri

     

    Nestle India Communication head Chandrasekar Radhakrishnan

     

    Polycab Wires vice chairman, joint MD and group CEO R Ramakrishnan

     

    Hindustan Unilever Personal Care Products executive director Samir Singh

     

    Hawkins Cookers chairman Brahm Vasudeva