CHAPTER 03

ETHICAL ISSUES IN INDIAN ADVERTISING

“How Many Things We See In Our Childhood Which We Think To Be

Good, But Which Really Are Evil And Things Seem To Be Evil Which Are Good.”

- Swamy Vivekananda

In this chapter an attempt is made to understand the important framework of

morality and the difference between ethics, moral and morality. This chapter also lay
light on the relationship between advertising and ethics, importance of ethics in
advertising and its impact on the viewers. Determining ethics of advertising is done
on the basis of three criteria: social, professional and personal ethics, which gives a
clear understanding of ethics. Also the study has been made of specific ethical issues
that arise in Indian advertising and the issues related to ethics in Indian adverting are
categorized to make the study easy to understand. This Chapter includes the study on
various issues like lack of truth in advertising, targeting the consumers, stereotyping,
celebrity endorsements, surrogate advertising, ethical advertising etc. Further the
Indian advertising regulatory acts enacted by the Indian Government and the role of
self-regulatory voluntary organization of the advertising industry named as
Advertising Standard Council of India (ASCI) is studied. Apart from this, the working
process of the complaints filed against some of the advertisements by the consumers
to ASCI and the decision taken by Consumer Complaint Council will be discussed in
brief. The references for a part of this study are internet sources because there are no
books available.

“Ethics” according to Oxford dictionary is defined as „moral principles that

govern a person‟s behaviour or the conducting of an activity‟
(www.oxforddictionaries.com). The definition of "ethics" is different from scholar to
scholar, Albert Einstein once said, “I do not believe in the immortality of the
individual, and I consider ethics to be an exclusively human concern without any
superhuman authority behind it.” (Shermer2005: 368) Einstein addresses that a man‟s

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ethical behaviour should be based effectually on education, sympathy, and social ties
but not on the basis of religion. On the other hand, A.J Ayer states that “Moral
certainty is always a sign of cultural inferiority. No morality can be founded on
authority, even if the authority were divine.” (www.zer0.org) The popular quote by
Mahatma Gandhi is closely related to the ethical decision-making “The greatness of a
nation and its moral progress can be judged by the way its animals are
treated.” (www.pinterest.com) According to the Joseph and Edna Josephson ethics is
defined as “Standards of conduct that indicate how one should behave based on moral
duties and virtues.” (Marques and Dhiman2018: 227) Ethics can be generally defined
as “the advisory tool which guides what is the proper course of action for a man. It
always prompts the questions like, "What do I do?", “What I am doing is right?”,
“Which is the right way of doing?” and so on. It is the continuous analysis of right
and wrong in all the endeavours of an individual.

The word “Ethics” takes its origin from the Greek word "ethos", which means
custom, habit, character, disposition or way of living; ethics is a branch of philosophy
that is concerned with human conduct, more specifically the behaviour of individuals
in society. Traditionally it‟s the study of what makes the human action right and
wrong. Ethics addresses the questions about morality that is concepts such as virtue
and vice, justice, right and wrong, good and evil etc. Ethics examines the justification
for moral judgments (www.tbs-sct.gc.ca). Ethics is generally known as moral
philosophy. In other words it is the moral principles of conduct.

3.1 Evolution and Importance of Ethics

Many evolutionists believe that ethics or morality has emerged over time as a
human necessity. It is believed that any group of people can survive the best only
when they adopt a moral code that reduces violence, and promotes the general welfare
of the society. This is how it accounts for common moral codes across the globe; even
human beings have adopted similar codes. In essence, this view of moral and ethical
codes are maintained, adopted and followed by everyone and have mostly been
inherited from parents or from generation to generation and so on in time as long as
humans existence on this planet. It presumes that moral truths originate in primitive
social groups. Then why is it that selfishness, unfaithfulness, cruelty, etc. are not
acceptable? Sometimes selfish group of people who think only of them are more

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likely to survive in a dog-eat-dog world. Unfaithfulness will lead to further
propagation of a bloodline with an even larger number of children. This helps assure
the survival of the species and all of these moral taboos could easily be seen as virtues
to ancient or primitive cultures (Joyce2006: 51). And this might have been the source
of study for Charles Darwin‟s evolutionary theory “survival of the fittest.”

However, ethics is vital for human life. Ethical codes have invariably been
influencing everyday decisions and a means of deciding a course of action, without it,
the actions will be aimless. There would be no way to work towards a goal. Every
child is taught by its parent that it is wrong to lie, cheat and steal. It‟s eminent to learn
about good ethics as they guide our decisions and determine our future. Ethics are
learned throughout life, it teaches an individual to respect, adapt to take
responsibilities and good conduct. Moreover, it moulds the character of an individual.
Ethics makes people honest and law-abiding citizens, which contribute to the good of
society. Ethics is the basic belief and standard that makes everything run smoothly.
Ethics are applied in all organizations and institutions around whether it is political,
medical, law, religious, or social.

3.2 Ethics, Culture and Law

In Indian culture, according to Hinduism, Purusharthas1are regarded as the

most important purpose of human life or existence. There are four Purusharthas
namely Darma (religious, social and moral), Artha (material and financial prosperity),
Kama (love, emotion and sexual pleasure) and Moksha (liberation as well as
detachment) (Torre2008: 286) Out of the four goals, Dharma is closely associated to
the present study, the word „Dharma‟ comes from Proto-Indo-Iranian2 root dhar,
which means to uphold, sustain, or uplift. It can be thought of as righteousness in
thought, word and action. It represents a „principle‟ or a „quality of being‟. Dharma
incorporates the glorious guideline “do unto others would do unto you”, and therefore
the set of all achievable attitudes such as speaking truth, being kind, speaking pleasant
words, being respectful, exhibit reverence towards the earth and the natural resources

1
It refers to a goal, end or aim of human existence. (www.wikipedia.com) It is the purpose/fulfillment
of life. By fulfilling Purushartha, man gets fulfillment for life as well as sustains the society.
(www.hindupedia.com)
2
It is the reconstruction Proto language of Indo-Iranian branch of Indo-European. The speakers, the
hypothetical Proto-Indo –Iranians are assumed to have lived in the late 3rd millennium BC.
(www.wikipedia.com)

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etc. when a person harmonize to a certain behavioural pattern, it contributes to the
maintenance and the improvement of societal order and thus upliftment of the society
itself. In simple it means the religious and moral law or natural law governing the
conduct of the individual and of the group. Hinduism, Jainism, Buddhism and
Sikhism all have the concept of Dharma at their core. (www.hindupedia.com) In
Islam too it is defined as “good character”. The holy Quran defines and sets the
standards of social and moral values. There are various verses in the Quran which
provides a set of moral stipulations. (Murad2000: 2-3)

Throughout history, famous people have often exhibited some of the best and
the worst behaviours. Some of the great social activists in the history have challenged
the law of the society. One of the best examples is of Martin Luther King fighting for
civil disobedience against bifurcation in the United States of America in the 1950s
and 1960s. Inspired by the civil rights movement, thousands of people in Vietnam
challenged the laws of conscription on moral grounds (Atkinson2017: 88). Perhaps
the best case of morality versus law in political history is the movement against the
laws of apartheid led by Nelson Mandela in South Africa. Both Nelson Mandela and
Martin Luther King were directly influenced by Mahatma Gandhi‟s Philosophy and
practice of moral resistance to biased laws in India. These examples make the claim
that the law demand no respect if it fails to maintain respect for an individual. Hence,
The United States of America‟s former Supreme Court Chief Justice Earl Warren
quotes “the law floats on a sea of ethics” (Preston 2007: 21). Taking the all the above
into consideration it can be said that the law has been influenced by ethics but ethics
is not derived from law. The rule of law keeps the society under control, without the
constraint of law, immoral behaviour will lead to uncivil and unethical society. Great
personalities like Mohandas Karamchand Gandhi‟s was popularly called “Mahatma”
the apostle of nonviolence, Swamy Vivekananda, Abraham Lincoln earned the title
"Honest Abe"(Gordon 2000: 08) and George Washington "could not tell a
lie"(Shmoop 2010: 02) On the other hand, Richard Nixon resigned in disgrace and
Bill Clinton suffered impeachment because they lied.

Most of the people today claim that the morality and ethics are personal and
comes from the culture in which they have grown up. Also people have accepted the
idea that our culture is responsible for our values, and morals. People have somehow

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biased what is morally or ethically „right‟ and „true‟. But the people have actualized
culture and culture has been the source of all moral truth, and the courts are the venue
in which this moral truth is decided (Appiah2006: 386).

3.3 Terms Related to Ethics

However, there is an important distinction that needs to be considered

about morals and ethics. The Chambers English Dictionary highlights important
distinctions between ethics and morals. Ethics is the combination of morals and
values. It is the branch of philosophy which is involved with human character and
conduct; it is also an amalgamation of morals, rules of behaviour and conduct. Moral
is of or relating to character or conduct considered as good or evil, ethical, confirmed
to or directed towards right, virtuous, especially virtuous in matters of sex, capable of
knowing right and wrong and subject to the moral law. In this context morality is a
quality of being moral, that which renders an action right or wrong, the practice of
moral duties apart from religion, virtue and the doctrine of actions as right or wrong.
(Chambers English Dictionary)

The difference between ethics and morals can seem somewhat unreasonable,
but there is a basic and slight difference. Where Morals define personal character,
while ethics stress a social system in which those morals are applied. (Valli2014: 51)
Ethics and morals both relate to “right” and “wrong” conduct. The terms „ethics‟ and
„morality‟ are often interchanged. Ethics may refer to the study of an individual‟s
value. Hence, ethics is frequently referred to as a „moral philosophy‟. So, the study of
ethics includes the study of morality. However, ethics attribute to the series of rules
handed over to an individual by an external source like in code of conduct in the
workplace. On the other hand, morals refer to an individual‟s own principles
regarding right and wrong. Ethics are the rules of conduct identified with respect to
particular human actions of a particular group, culture etc., and whereas morals are
the principles of right or wrong according to an individual‟s principles and ideals.
(Durai2015: 71)

Alternatively, ethics imply to standards of behaviour accepted by the group of

people. This can either be professional ethics, family ethics, social ethics, etc. So
while a person‟s moral code is usually unchanging, the ethics he or she practices can

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be other-dependent. (www.wisegeek.org) Ethics is applied in many professions like
medical, business, corporate etc. Similarly, ethics plays a significant role in
advertising too. Further, this can be broadly categorized as social, professional and
personal ethics as follows:

1. Advertising and Social Ethics: Implementing ethical values and principles

(respect truthfulness, respect the dignity of each human person, and respect
social responsibilities) to the advertising is necessary if it is to be socially
responsible. Social responsibility motivates any individual to perform a
rightful activity within the society and to make its impact on society positive
rather than negative. For example, advertisement from Idea Cellular endorsed
by Bollywood actor Abhishek Bachchan, especially the one which tries and
create a society where there will be no caste discrimination, have received a
lot of appreciation from the public both from the advertising field as well as
the general public.

Life is always governed by the code of conduct called „ethics‟, which

allows a person to have his own principles and morals. As said earlier ethics is
a moral principle so how ethics and morals differ? There is absolutely a
connection between ethics and morality (morals); dictionary interpretations of
one will usually be the reference of the other. For example, in the case of
homosexuality, many believe it is morally wrong, yet some of the same people
also believe it is unethical to discriminate legally against a group of people by
denying them the same rights allowed to heterosexuals. Ethics and morals are
central issues as the world strives to overcome current challenges and
international crossroads (Warren1997: 92).

2. Advertisement and Professional Ethics: Professional ethics are expressed in a

code of standards that identifies how professionals in the industry should
respond to certain ethical questions. In India, the Advertising Standard
Council of India (ASCI), a self-regulatory organization for advertising
founded in 1985, (www.ascionline.org) which has committed to honest
advertising and fair competition within the restriction of commonly accepted
standards of public modesty. Adopting unreasonable approaches for the

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 promotion of product or services are unsafe and harmful to society or to an
individual notably to the younger generations. It is also expected to be
followed by all bodies concerned with advertising like advertisers, media,
advertising agency, etc.

3. Advertisement and Personal Ethics: Decisions are to be made based on an

internal moral periphery that senses when something is right or wrong. This
moral periphery assists to communicate when an advertising message is
manipulative or misleading. It is then the responsibility of the advertiser or the
advertising professional to use personal judgment and moral reasoning in
declining such ideas. (Valli2014: 77)

3.4 Ethics and Advertising

Developments in information and communication technology in recent years

have transformed the entire world. The advancement in science and technology of
internet, wireless communication, digital information structure, cellular
communication, etc. has led to competitiveness. Even the advertising field too is not
away from the competition. Over time, advertising techniques have adapted the
newest techniques available and have changed drastically. It‟s a fact that advertising
is a psychological, social and business process of persuading people towards the
product or service. The evaluation of advertising success that it results in increased
sales, increased shares in the market. Due to tremendous competition in the business,
each advertiser or the manufacturer of the product or service desires to excel his rival
or competitor in choosing right media for advertising. In the process of tough
competition, there are more chances of concealing truth to succeed in the art making
more sales and profit. However, advertiser or manufacturer should have the social and
moral responsibility towards his target consumers because it is the consumers who are
paying the price to buy a product which includes the advertising expenditure. So,
advertisement should always be in the best interest of the society and the consumers.

Accordingly, advertising industry too is not isolated from ethics and morals.
Ethics and morality in advertising mean well-defined, comprehensible and transparent
set of principles which govern the way of communication between the advertiser and
the target consumer. Ethics is the most important component of the advertising
industry. Though there are many benefits of advertising however, then there are some

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points where it backslides to match the ethical norms of advertising. An ethical
advertisement is the one which doesn‟t lie, doesn‟t make fake or false claims and
should constantly be in the limit of decency. If the advertisers make the advertisement
on a belief that the customers will understand, persuade them to think, and then act on
their advertising message, then this will lead to positive results and the advertisement
may not be called unethical. But at the same time, if advertisers believe that they can
fool their customers by showing any non-practical things like just buying a lottery
ticket will make you a millionaire, and then this is not going to work out for them and
will be called as unethical (Preston1996: 113).

As said earlier, the important objectives for an advertiser is to increase the

sales, gain more and more customers, and cumulate the demand for the product or
service by manifesting a well embellished and colorful advertisement. The advertiser
or the manufacturer claims that their product is the best, having unique qualities than
the competitive product, more cost effective, and more beneficial, etc., but it is to be
tested if all the claims made are true. Unfortunately the credibility of advertising has
been under criticism for decades. For any advertising man, it is substantial to evaluate
advertising on an ethical context. Though there are laws and regulations governing the
practice of advertising, but an advertiser should be aware of the codes of conduct, on
personal and professional grounds as well. Generally, the companies and the
advertising agencies are accountable to prove their points to various advertising
regulating bodies. Some advertising are blamed for informing customers of a product
by hiding the facts and this may mislead the customers. Advertising portrays the
product as one of the best of its kind in the market, which makes it successful in the
business. To achieve this only the advantages of the product is highlighted and the
disadvantages are hidden. Though, the advertising is true to its quality but not
completely. Examples of such advertisements follow.

 Advertisements of medicines: This type of advertisements help in creating

awareness, but one catchy point here is that the advertisers show what the
medicine can cure but never talk about the side effects of the same product or
the risks involved in intake of it. (Preston1996: 151)

 Advertisements involving children: Children are the major sellers of the

advertised product. They have the ability to convince the potential buyers. But

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 when advertisers are using children in their advertisements, they should
remember not to show them alone doing their work on their own like brushing
teeth, playing with toys, or toddlers holding their own milk bottles. These
activities are difficult for children to do on their own without parents help. So
showing parents involvement in all such activities or things being advertised
will be more logical and considered ethical. (Preston1996: 151)

 Advertisements of alcohol: These type of advertisements use surrogate

advertising, where mineral water and sodas containing the company‟s brand
name instead of showing original alcohol. These types of advertisements are
totally unethical when liquor ads are totally banned but propagating them
indirectly through advertisements, people are encouraged and influenced to
consume alcohol. (Preston1996: 153)

 Advertisements of cigarettes and tobacco: These products should never be

advertised as consumption of these products is directly responsible for cancer
and other severe health issues. Though these advertisements are already
banned in countries like India, Norway, Thailand, Finland and Singapore but
still they use surrogate advertisement, which is unethical. (Preston1996: 153)

 Advertisements for social causes: These types of advertisements are ethical

and are accepted by the people and the society as they contain rightful moral
message to the society. For example, the TATA Tea „jagore‟ campaign had
societal messages of reminding the citizen of India to vote as it is their right,
anti-corruption advertisement etc.

The present chapter focuses on the ethical issues of Indian advertising which
are analyzed and structured into three areas which include objections against Indian
advertising, minor issues in Indian advertising and major issues in Indian advertising.

3.5 Ethical Issues in Indian Advertising

Advertising has been playing a supreme role in today‟s world of

business and economy. Though advertising has benefitted the people and society but
has also been highly criticized. Especially among the Fast Moving Consumer Goods
also called FMCG sector, the advertising industry has always been targeted for

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creating irrational and unnecessary desires and needs of the people. This indirectly
creates a sort of race among the people to purchase more and more of advertised
products even if they have to spend beyond their limit. According to the business
dictionary, the ethical issue has been described as “A problem or situation that
requires a person or organization to choose between alternatives that must be
evaluated as right (ethical) or wrong (unethical). (www.businessdictionary.com)

Advertising has to respect the laws of the land. Ethics and social responsibility
play a major role in any society. Advertisements may be legal in the sense that it does
not violate any law. But still, it may err morally or ethically. Ethics guide what is right
and wrong in a given social situation and at a given point in time. Advertisers have
always faced ethical dilemmas. Ethics in advertising, as in other forms of social life,
is a complicated issue. What something that a person contemplates ethical, the other
person may consider unethical. Generally, advertising professionals must make
complicated judgement about the information to be said in advertisements. Clients
want to make the strongest claims possible for their brands, but the border between
the possible and the unethical must be constantly negotiated to sell the product or
service (Johansson2008: 226). There occur various issues which are essential on
judging the Indian advertisements ethical and their influence (positive and negative)
on the minds of the adolescents. Various arguments are being raised to advertising for
its effect on society, people and its relative effect on the culture too.

3.5 (A) Objections on Advertising

The Indian advertising is often being opposed for the way it portrays the
product by showcasing only the brighter side which is considered to be biased and
obviously will distort the buying decision of the consumers. Chunnawala and Sethia
point out the following objections to advertising.

1. Expensive advertising alone cannot promote a product.

2. In a poor country, advertising amounts to waste of national resources.

3. Advertising engenders unhappiness amongst those who desire the

product but do not have the capability to buy it.

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 4. Indian advertisers imitate the content and style of their foreign
counterparts. Thus, the assessment of advertising mainly centres on the
following complaints.

a. Advertising influences the consumers to buy goods and

services which cannot be afforded.

b. Advertising appeals primarily to the emotions of the

consumers, rather than to the intellect.

c. Advertising is biased.

d. Advertising involves conflicting competitive claims.

e. Advertising is unduly repetitious.

f. Most of the advertising is vulgar, obtrusive and irritating.

(Chunawalla and Sethia 2002: 241)

Today, Advertising is the fifth largest industry. Advertisements have become

part and parcel of our daily life; we come across many advertisements on television,
magazines, radio, and the internet. Advertisements furnish with useful information
about the products accessible in the market. But various objections have been raised
against advertising. As per directive principles of the constitution, our government
should be a welfare state. So, it is the duty of government to protect the public from
harmful effects of advertisements. The government felt the need for regulating
advertisement to protect the public from harmful effects of advertisements. (Trehan
2009: 208) Advertisements are undoubtedly the major tool used by advertisers or the
manufacturer to attract the target consumers to buy the product or services, but there
are also a number of controversies associated with advertising. These controversies
are concerned about the impact of advertising on society and ethics. The desire to
succeed and make a huge profit, the manufacturers, and advertisers use various
immoral methods and use provoking visual and advertising concepts. This race and
competition have given rise to many controversies in Indian advertising. The ethical
issues of India are divided into four portions and studied under objection of

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advertising, advertising and controversies, minor ethical issues and major ethical
issues.

3.5 (B) Advertising and Controversies

Controversy is the middle name of Indian advertising. While the hoopla

around rigging results at Goa fest got buried in the sun n' sand at Cannes, another
controversy has reared its head. Reckitt Benckiser asking media agencies to pay for
participating in the pitch for their business has been a hot topic for discussion around
water coolers, the internet and everywhere Indian advertisement folk converges.
Reckitt Benckiser is allegedly demanding Rs. 4 lakhs from agencies who want to
participate in the pitch besides a cut of 2.5% of the money made by agencies on
buying media for their business. (www.economictimes.com).

3.5 (C) Minor Issues in Indian Advertising

M.G. Parameswaran3 said in an interview that "I was told that Goa Fest was a
great way to attract talent. But people who went there said it gave a completely wrong
image of the industry" (www.businesstoday.intoday.in). Once again the advertising
industry has been caught on fresh controversy. Moreover Indian advertising industry
has also been criticized strongly portraying women as an object of desire, women as
dependent, women portrayed vulgarly, etc. The ethical issues are divided based on the
negative effects on the culture and society into minor and major issues and further
detailed. According to Chunnawala and Sethia the following minor issues have
frequently been raised against advertising

 Advertisements that drive desire for unnecessary products: It has

been pointed that advertising most of the time creates and encourages
the customers to purchase unnecessary products. It persuades the
people to buy the product which they do not need or cannot afford. But
the counter-argument that the advertisement does not create needs,
rather it helps the consumers decide which brand to purchase among
the various competitive brands.

3
Popularly known as ‘Ambi’ is a Brand Strategist, Brand Coach, Mentor, Author, TEDx Speaker.
Previously worked as Executive Director & CEO of FCB-Ulka, UDi Yellow Pages, Boots Company India.
Presently has set up www.brandbuildidng.com, which offers all range of brand services.

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 Advertisements that are deceptive: Use of exaggeration in the
advertisements and flowery language is often argued as deceptive to
the customers. Advertisements attract the people to buy goods or
services through false claims and false testimonials. However, counter-
argues that some people misusing advertisement doesn‟t mean that
advertisement as a whole is bad. Exaggeration is required to make
people turn towards the product and act accordingly.

 Advertisements that are offensive: Some advertisements are found to

be offensive and visually vulgar. Offensive is subjective, determined
by time and culture. For example, advertisements using unnecessary
sex appeal for the product, like making women run after a boy who has
the product being advertised.

 Advertisements that create monopoly: As it is seen some

advertisements creates brand preferences and restricts from free
competition. Big companies which are able to invest huge amount on
advertising campaign are more likely to eliminate small companies by
creating brand monopoly. But counter-argue that it is all about
survival.

 Advertisements that Promote unhealthy products: Advertisement

attracts people consume unhealthy products like tobacco, alcohol,
cigarette, noodles, cerelac (infant supplement to breast milk), etc.
which might affect their health. In India, though there is a restriction
on advertising of such products, manufacturers of such products are
able to advertise and emphasize their brand in many indirect ways, for
example, manikchand Film Fare Awards, Kingfisher Mineral water,
Teacher‟s Achievement Awards, etc.

 Advertisements that are create a sort of unsatisfied society:

Advertising affects our society by creating a desire that happier life
depends in obtaining the branded goods. Hence creates a sort of
insecurity among the people with less purchasing power who are

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 unable to afford to purchase such goods. (Chunawalla&Sethia 2002:
223-228 )

However, advertisers are often challenged with right decisions of their actions
which are based on ethical grounds. Some actions may be within the law but still
unethical. Advertising laws and other governing bodies are limited to go up to certain
level but it is the responsibility of the advertising professionals to be guided by their
own ethical principles. Apart from various criticisms, according to Gupta there are
other aspects of ethical issues in the Indian advertisements, some of which are briefed
below as major issues in advertising in India. (Gupta 2012: 298-313)According to
Chunnawala, Sethia and Gupta the following major issues have been raised against
advertising which follow.

3.5 (D) Major Ethical Issues in Indian Advertising

The major ethical issues are categorized based on the negative effects like
misleading, deceptive etc. on Indian consumers; culture and society which need to be
evaluated by the concerned body or organization are detailed.

1. Concealment of Facts: Hiding the facts about the product is the major
ethical issue on which most of the advertisements are criticized.
Advertisers usually tend to suppress information about the product and
show only the best and brighter side of the product. They cover up the
truth which would make the product fail to attract the target
consumers. For example, Fairness face creams claim that the regular
application of their cream would make fairer and attractive but do not
mention that it contains harmful bleaching agent which is very harmful
to the skin. Similarly, hair colouring products do not mention that the
product contains harmful chemicals which might damage their hair and
as well as scalp and prolonged usage would lead to side effects too.
Concealment of facts raises many ethical concerns as the general
public are deprived of actual truth about the product and the consumer
choices are distorted. Deceptive practices includes the following:

 False promises

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  Incomplete Description
 Misleading Comparisons
 Bait and Switch Offers
 Visual Distortions
 False Testimonials
 False Comparisons
 Partial Disclosures
 Small – Print Qualifications
 Laboratory Application

1. Use of sex appeal:

Image 3.1 (Source: www.googleimages.com)

In India, women have been respected and have been worshiped. The portrayal
of women as the object of desire seems to be a popular trend in recent days.
Portraying women as a sex object and display their figurative body to sell products is
an example of sexual exploitative advertisements. An advertisement which depicts
women as sex symbol is considered humiliating and barbaric tactics, especially if sex
is not relevant to the product advertised. For advertisements of lingerie, condoms, etc.
sex appeal is relevant, hence displaying their body is considered to be ok. Advertisers
also use nudity in the advertisements to promote their product, which is also
considered unethical. For example, Levis commercial, showing bare-chested young
man with his pant button opened revealing partly his inner wear had a statement “bare
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what‟s inside, live unbuttoned”, which itself cannot be termed as decent. These types
of advertisements cause severe offence.

2. Advertisements using children:

Image 3.2 (Source: www.googleimages.com)

Adopting children in advertising is also contending. Advertisers are using

children to promote the products or services which are not meant for children but for
adult products. There are various advertisements where advertisers are utilizing
children as they have become a strong influencing force for the parents in the recent
times. Some advertisements try to convince children to purchase the advertised
product by offering free gifts or toys, etc. which is considered to be unethical as the
children as innocents and targeting innocents is considered wrong.

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3. Promoting unhealthy products:

Image 3.3 (Source: www.googleimages.com)

In recent years advertisements of unhealthy consumable products like soft

drinks, noodles, etc. have increased. Manufacturers of soft drinks focus their attention
on youngsters. Even celebrities like Hritik Roshan, Amitabh Bachchan, Shahrukh
Khan, Aamir Khan, Aishwarya Rai, Ranbir Kapoor, Kareena Kapoor, etc. Also sports
personalities like Sachin Tendulkar, Veerendra Sehwag, Mahendra Singh Dhoni, etc.
are extensively promoting soft drinks.

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4. Advertisements with Dangerous Stunts:

Image 3.4 (Source: www.googleimages.com)

It is unethical if an advertiser fails to realize the adverse effects of the

advertised message on the consumer psychology. Hence, the advertiser must be
careful not to depict unsafe or dangerous stunts in their advertisements, which, if
imitated by the people can cause serious injury. Instead, the advertisers must
encourage safe practices in the stunts like wearing helmets, not using mobile phones
when driving, not drinking or smoking while doing stunts, fastening seat belts, etc.
which also gives a positive message to the masses.

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5. Using inappropriate stereotypes4:

Image 3.5(Source: www.googleimages.com)

Generally, in Indian advertisements men are portrayed as strong, independent,

etc. and women are portrayed as softer, empathetic, dependent, etc. but sometimes
women are portrayed as childlike, indecisive, obsessed with their own physical
appearance, submissive to men, simple housewives, etc.

Another group which is often subjected to stereotyping is the group of senior

citizens. Generally, elderly people are shown as dependent on their children, burden
for their children, etc. which is also considered to be unethical.

4
A stereotype is a representation of a group that emphasizes a trait or group of traits that may or may
not communicate an accurate representation of the group. A widely held but fixed and oversimplified
image or idea of a particular type of person or thing: the stereotype of the woman as the carer.
(www.oxforddictionaries.com).

83
6. Subliminal5 Advertising:

Image 3.6(Source: www.googleimages.com)

For the past many years the Fair & Lovely advertisements have been
portraying fame & fortune are related to fair and beauty. According to their claims in
advertisements, a tube of their fairness cream will bring huge success. It also suggests
that fair & beautiful girl gets the boy. In some advertisements, they have shown
women using Fair & Lovely becomes attractive and gets a job and becomes a
successful person. According to their claim, educational qualification is not required
to get a job but the main qualification for a woman to get a job is the way she looks,
which subconsciously convey the message that dark-skinned people cannot be
successful in their personal life as well as professional life. However, many are of the
opinion that Fair & Lovely has violated Indian Advertising ethics by insulting the
majority of dark-skinned Indian women.

5
The term „subliminal‟ means below the threshold of consciousness; perceived by or affecting
someone‟s mind without their being aware of it.(www.oxforddictionaries.com).

84
7. Manipulative Advertising: Various Indian advertisements are planned to
create demand by attracting the consumers emotionally. An advertisement
uses different kinds of emotions to arouse the feelings among its consumers
which might drive the consumers towards the product. For example, using
patriotic feelings like Bajaj‟s “Hamara Bajaj”, Hero Honda‟s
“DeshkiDhadkan”, Tata Salt‟s “Deshkanamak”, etc. similarly, these tactics
are majorly used in the baby products like baby soaps, oils, diapers, etc. by
attracting mother‟s feelings emotionally.

8. Puffery6: Advertisements which applauds the product to be sold with

exaggerations, vaguely and generally explaining no specific facts. For
example, “Eveready” batteries claim nothing outlasts an Eveready battery,
„VIP Franchie” would not attract girls for you, detergent powder „Wheel” &
“Vim” bars show lemons on their package but contains just lemon fragrance,
“Lux” claims to contain milk and honey but it is up to the consumer to decide
whether it really contains what it has claimed? These types of exaggerations
are unethical.

9. Glorifying glamorous looks: Advertisements have always glorified glamour

looks in both male and female. In advertisements, female models are shown
excessively thin, fair and with perfectly beautiful body. Similarly, males are
shown as masculine, well-built chest, arm muscles and wide shoulders. These
types of advertising strategies are questionable because they lead to dangerous
practices. Some are of the opinion that youths are highly influenced by these
types of strategy, women follow unhealthy practices of dieting extensively in
order to get a thinner body shape and men also get into the habit of consuming
steroids to build masculine body which is very dangerous.

10. Surrogate7 Advertising: when the advertisements of certain products are

banned in a country, advertisers promote such products in a hasty manner,
which is termed as „surrogate advertisement‟. The Indian Government has
banned advertisements of liquor and tobacco, due to their harmful effects on

6
exaggerated or false praise: his puffery actually was not far from the truth (www.oxford
dictionary.com)
7
Surrogate means: substitute for oneself (www.merrian-webster.com)

85
 health. As an alternative, these liquor and tobacco manufacturers started
promoting their brand by introducing various other products in the market
with the same brand name. For instance, Hayward‟s Soda, Kingfisher Mineral
water, Smirnoff cassettes and CDs, etc. similarly tobacco manufacturers too
are following the same trend. For example, Wills Lifestyle, Manikchand
Filmfare Awards, etc.

11. Improper language usage: Advertisements in recent days have received

complaints of containing improper or slang words. It has also been criticized
against the advertisements that the dignity of the language has been seriously
destroyed. Especially in television commercials, though the vulgar or some
slang words are censored by a „beep‟ sound but people can easily guess the
word by the lip movement. (Gupta 2012: 299-311)

With the profound understanding of the major ethical issues in Indian

advertising, it has given a fair picture of the different issues as well as the seriousness
of bringing an awareness of the ethics in Indian advertisements. But still the growing
competition and attempt to increase the sales, manufacturers or advertisers use hard-
core marketing tactics which many a times ends with deceptive and misleading
advertisements. This damages the confidence of the people on the advertisements.
Thus, there is a requirement to put a check on such unethical advertisements to protect
consumers against misleading and deceptive advertisements and also to ensure the
public that the advertisements are always in the public interest.

3.6 Controlling Body to Check Ethical Issues in Indian Advertising

Advertising is an important and legitimate means for the seller to awaken

interest in his goods and services. The triumph of advertising depends on public
confidence on purchasing the product advertised; hence no method should be
permitted which add to damage this confidence. The standards allowed in India
should be taken as minimum standards of approval, which would be accountable to be
analyzed from time to time in affinity to the present norms. (Kaptan 2002: 104)
Traditionally advertising has been a self-regulating industry wherein members
voluntarily regulate themselves without intervention from external bodies or the law.
The single most important self-regulatory body in India is the „Advertising Standard

86
Council of India‟ (ASCI), which has adopted a code of conduct that guides advertisers
in their commitment to honest advertising and fair competition in the market place. In
addition, codes of conduct are also outlined by agency associations like „Advertising
Agencies Association of India‟ (AAAI), and media and industry associations. The
central and state governments have enacted various laws related to trade and
commerce, which concern advertising and promotions. In spite of comprehensive
legal structure in place, communicators have to also recourse to ethics when dealing
with issues like surrogate and subliminal advertising, advertising to children,
exaggeration, sex, and violence in advertising, etc. Apart from the government,
consumer and voluntary organizations also keep a watch on advertising. (Shah
2009:249) There are various regulatory acts enacted by the Indian government to keep
an eye on the ethical issues in Indian Advertisements.

3.6 (A) Advertising Regulatory Acts Enacted by Government of India

Most of the countries around the world have adapted to advertising guidelines
which have been addressing various issues such as unfair business practices, false and
unauthorized products, etc. In recent years in India, there is a tough competition
among the brands due to which advertising is being used extensively. Even
government of India, as well as state governments, use advertisements to create
awareness among the citizens. Like other countries, in India too there are laws
enacted by the government of India as well as an independent Self-regulatory
Organization (SRO) of the advertising industry have been set up to ensure to protect
consumers against false and deceptive advertisements and promote healthy
advertising.

A major enactment which contains the regulation of advertising in India by the

government of India is given below:

 The Consumer Protection Act, 1986

The Consumer Protection Act, 1986 (CPA) is basically intended to

protect and promote the interest of consumers. It protects effective
safeguards to consumers against defective goods, provision of deficient

87
 services and other forms of their exploitation. The Act provides for the
setting up of three-tier machinery consisting of District forums, State
Commissions, and the National Commission. It also provides for the
formation of consumer protection councils in every district and state
and at the apex level as well. As provided under the Act, the following
statements, whether made orally or in writing or by the visible
representation that is advertisements in radio, newspapers, magazines,
television etc. would amount to unfair trade practice.

(a) If it falsely represents that the goods or services are of a particular

standard, quality, quantity, grade, composition, style or model.

(b) If it falsely represents any re-built, second hand, renovated,

reconditioned or old goods as new goods.

(c) If it falsely represents that the goods or services have sponsorship,

approval, performance, characteristics, accessories, uses or
benefits.

(d) If it gives to the public any warranty or guarantee of the

performance, efficiency or length of life of a product or of any
service that is not based on an adequate or proper test thereof.

(e) If it makes to the public a false promise to replace, maintain or

repair an article or to repeat or continue a service until it has
achieved a specific result.

(f) If it materially misleads the public about the price of any product or
service.

 The Competition Act, 2002

Earlier, under the Monopolies and Restrictive Trade Practices (MRTP) Act
1969, if any advertisement was considered prejudicial to the public interest, then
the Monopolies and Restrictive Trade Commission was empowered to pass a
cease-and-desist order, in addition to awarding compensation for any loss or
injury caused to any person. Later the Competition Act, 2002, repealed and

88
 replaced the MRTP Act, 1969. The Competition Act came into force on the 31st
March, 2003.

The Competition Act, 2002, is intended to prevent practices

having adverse effect on competition

 To promote and sustain competition in markets

 To protect the interests of consumers

 To ensure freedom of trade carried on by other firms in the

market in India

Under the Act, any excessive expenditure made by a firm on advertising

may amount to an anti-competitive practice. The Act also prohibits the abuse of
dominant position by an enterprise. Thus, an enterprise should not take advantage
of its dominant position to create entry barriers for small companies, through its
large scale and heavy advertising expenditure. In case the advertisements of a firm
encourage an anti-competitive practice or take undue advantage of its dominant
position to create entry barriers for small companies, the Competition
Commission of India (CCI) can conduct an inquiry and can pass appropriate
order. Thus, any anti-competitive practice can have severe consequences
including the imposition of a fine or imprisonment or both. Indian has a rich body
of decided cases under the Monopolies and Restrictive Trade Practices (MRTP)
1969. The MRTP Act lays down that any statement, oral or written or by visible
representation, which gives false or misleading facts about goods or services or
disparaging8 the goods, services or trade of another person shall amount to unfair
trade practice. There are many cases of disparaging advertising which have been
decided under the MRTP Act, 1969.

8
Disparagement means to speak off slightingly, under value, to bring discredit or dishonor upon, the
act of depreciating, derogation, a condition of low estimation or valuation, a reproach, disgrace, an
unjust classing or comparison with that which is of less worth and degradation. (Oxford dictionary and
The New International Webster’s Comprehensive dictionary)

89
 The Drugs and Magic Remedies (Objectionable Advertisements) Act,
1954

In recent years, there has been a great increase in the number of

objectionable advertisements published in newspapers and magazines
promoting the sale of drugs and remedies which claim to cure various
incurable diseases. These advertisements motivate the illiterate and innocent to
resort to self-medication with harmful drugs and topical applying medicines or
to resort to quacks which indulge in such advertisements for treatment which
is harmful. In order to curb such unscrupulous practices, The Drugs and Magic
Remedies Act were passed in the year 1954. The Act seeks to control
advertisements of drugs in certain cases and to prohibit the advertisements of
remedies claiming magic effect. This Act describe „Drugs‟ has medicines for
the internal or external use of humans or animals, or any substance proposed
to be used in the diagnosis, treatment and prevention of diseases in humans or
animals. Under this Act the term „Magic Remedy‟ includes a talisman, mantra,
kavacha and any other charm of any kind, which is supposed to process
astonishing powers in diagnosis, treatment or prevention of diseases.

The DMR Act prohibits the advertisements of drugs for the treatments
of certain diseases and disorders, including the following.

a) The obsession of miscarriage in women or prevention of

conception in women

b) The maintenance or improvements of the capacity of human

beings for sexual pleasure

c) The modification of menstrual disorder in women

d) The diagnosis, treatment, and prevention of diseases or

condition specified in the Act, which included blindness,
cancer, cataract, deafness, diabetes, fits, goitre, heart diseases,
hysteria, insanity, leprosy, obesity, paralysis, plague, sexual
impotence and tuberculosis.

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 Moreover, the publication of any advertisements referring to any magic
remedy which claims to be efficacious for any of the purposes specified above
is also prohibited by the Act.

 The Trade Marks Act, 1999

Advertising of trademarks is regulated by the Trade Marks Act, 1999,

which was repealed and replaced The Trade and Merchandise Marks Act,
1958. The Act defines a „Trade Mark‟ has a mark capable of being represented
graphically which is capable of distinguishing the goods or services of one
person to those of others. The Act seeks to provide for the registration and
better protection of trademarks and to prevent the use of fraudulent marks on
the products and services. Thus, any methods of advertising designed to create
confusion in the minds of the public as between the products and services of
one firm and another, shall not be permitted. Any person who falsely applies a
trademark shall be punishable with imprisonment, or fine, or both.

 The Cable Television Networks (Regulation) Act, 1995

There has been a mushrooming growth of cable television networks

over the recent years as a result of the availability of signals of foreign
television networks via satellites. In order to regulate unscrupulous and
undesirable cable television programmes and advertisements, the Cable
Television Networks (Regulation) Act was passed in 1995. It was
subsequently revised in 2000 and 2002. Under the Act, a
comprehensive advertising code has been prescribed by the Central
Government of India under rule seven of the Cable Television
Networks rules. These guidelines provide that the advertisements
carried in the cable service must be so designed as to conform to the
laws of the country and should not offend morality, decency, and
religious susceptibilities of the viewers. As per the amendment made in
2000, the code bans advertisements which directly or indirectly
promote the production, sale or consumption of

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 a) Tobacco products, Cigarette, wine, alcohol, liquor, or any other
intoxicant, and

b) Infant milk substitute, feeding bottles or infant foods

 The Cigarettes and Other Tobacco Products (Prohibition of

Advertisement and Regulation of Trade and Commerce, Production,
Supply, and Distribution) Act, 2003

The Cigarettes and Other Tobacco Products (Prohibition of

Advertisement and Regulation of Trade and Commerce, Production, Supply,
and Distribution) Act, 2003 briefly refer to as the „Tobacco Act‟ is an
important enactment to prohibit the advertising and sales promotion of tobacco
products. Under the Act, tobacco includes cigarettes, cigars, cheroots, beedis,
cigarette tobacco, pipe tobacco, hookah tobacco, chewing tobacco, snuff, pan
masala or any chewing material having tobacco as one of its ingredients (or
whatever name called, gutka, and other tooth powder containing tobacco). The
Act prohibits advertising of cigarettes and other tobacco products. Moreover,
no person, for any direct or indirect pecuniary benefit, is allowed to engage in
any of the following activities

a) Displaying, or permitting the display of any advertisements for

cigarettes or any other tobacco product

b) Selling, or permitting the sale of a film or videotape containing

advertisement for cigarettes or any other tobacco product

c) Distributing, or permitting the distribution of any leaflet,

handbill or document which contains cigarettes or any other
tobacco product

However, the above restrictions do not apply to an advertisement of

tobacco product on a package containing such products, or the display of the
advertisement at the entrance or inside a warehouse or a shop where such
products are offered for distribution or sale. Anyone who contravenes the

92
 provisions regarding the advertisements of tobacco products as provided under
this Act shall be punishable with imprisonment, or fine, or both.

 The Indecent Representation of Women (Prohibition) Act, 1986

In The Indecent Representation of Women (Prohibition) Act, 1986,

investigate to prohibit indecent portrayal of women through advertisements, or
in publications, writings, paintings, figures, or in any other manner. The Act
defines „The Indecent Representation of Women‟ as „the portrayal of the
women‟s figure in any manner which have the effect of being indecent, or
derogatory or is likely to deprave, or injure the public morality‟. The Act
prohibits the publication or exhibition of any advertisements which contains
an indecent representation of women. However, such a publication shall not be
prohibited if such a representation has been made in any ancient monuments
within the meaning of The Ancient Monuments and Archaeological Sites and
Remains Act, 1958; or if such a representation is proved to be justified as
being for public good on the ground that it is in the interest of science,
literature, art, learning or other objects of general concern.

 The Indian Penal Code, 1860

The Indian Penal Code (IPC), 1860, makes it a punishable offence to

advertise any obscene publication or its distribution, sale, hire or circulation. It
is also an offence under the IPC to publish advertisements relating to any
lottery which is not a state lottery or which is not authorized by the state
government. The IPC prohibits the sale, distribution, public exhibition or
circulation of any obscene book, pamphlet, paper, drawing, painting,
representation, figure or any other obscene object. The following
advertisements would be considered as offensive and may attract punishment
of imprisonment and/or fine under the IPC.

Advertisements which:

a) Promote by words, spoken or written, or by signs or by visible

representations, disharmony or enmity, hatred between

93
 different religions, caste and communities, spread hatred
between racial, language, race, place of birth, residence, etc.

b) Make or publish any assertion that any class of persons cannot

by reason of their being members of any religious, racial,
language or regional group or caste or community, bear true
faith and loyalty to the sovereignty and integrity of India

c) Assert, counsel, advice, propagate or publish that any class of

persons, by reason of their being members of any religious,
racial, language or regional group or caste or community be
denied or deprived of their rights as citizens of India or is likely
to cause disharmony or feelings or enmity, hatred or ill-will
between such members and other persons

d) Insult by words, either spoken or written, by signs or by visible

representations, the religion or religious believes or a place of
worship of a class of citizens with deliberate and malicious
intention of outraging the religious belief of that class.

The above-mentioned laws have very important implications for both the
manufacturers and the consumers. Apart from the enactment of these laws by the
government of India, there is a self-regulatory voluntary organization of the
advertising industry named as Advertising Standard Council of India. (ASCI)

3.6 (B) ASCI – Self-regulatory Organization of India

In 1985, India‟s first and only self-regulating body for advertising called „The
Advertising Standards Council of India‟ (ASCI) was established. Since then, it has
committed to the cause of Self-Regulation in Advertising, ensuring the protection of
the interests of consumers. The Advertising Standards Council of India was
constituted with the backing of Advertisers, Advertising Agencies, Media (including
Broadcasters and the Press) and other sectors like PR Agencies, Market Research
Companies etc. Till present all the four sectors associated with Advertising support
ASCI in regulating the standards of advertising in India. (www.ascionline.org)

94
 The Consumer Complaints Council is ASCI's soul. It is the group of highly
respected professionals that are devoted work for ASCI and the process of self-
regulation in the advertising. The ASCI has embraced code of self-regulations in
Advertising. It is a pledge to conscientious advertising and to fair competition in the
market. The mission of ASCI states – “To maintain and enhance the public's
confidence in Advertising”. It stands for the protection of the interests of consumers
and all concerned with advertising like advertisers, media, consumers, advertising
agencies, and others who help in creating and placement of advertisements.
(www.ascionline.org)

According to ASCI no advertisement shall be permitted which:

 Derides any race, caste, color, creed, and nationality.

 Is against any provision of the constitution of India.

 Contribute to instigate people to commit a crime, cause violence, or

breach of law or boost violence or vulgarity in any way.

 Presents criminality as desirable.

 Exploits the national emblem, or any part of the constitution or the

person or personality of the national leader or a state dignitary.

 Portray a derogatory image of women.

 A depiction of women in an aspect which emphasizes passive,

submissive qualities and encourages them to play a subordinate,
secondary role in the family and society.

 The portrayal of the female should be tasteful and aesthetic, and within
the well-established norms of good taste and decency.

 Exploits social evils like dowry, child marriage.

 Advocates directly or indirectly the production, sale or consumption of

tobacco products, liquor, wine, alcohol or any such intoxicants.

95
  Administered that any product that adopts a brand name or its logo or
monogram which is also used for tobacco products, liquor, wine,
alcohol or any such intoxicants, may be advertised on cable network
liable to the following conditions that: - The advertising concept or
visual of the advertisement must illustrate only the product being
advertised and not the prohibited products in any form.
(www.ascionline.org)

Apart from receiving complaints and resolving it, the ASCI have recently
started advertising advice. The advertising advice service of ASCI offers pre-release
advice to the advertisers and the media person on ethical and legal issues of their
advertisements to avoid receiving complaints. Also as a result of effective follow up
by ASCI and its Consumer Complaints Council (CCC), there is a positive response
received from the advertisers and advertising agencies in respect of CCC
recommendations on the complaints received by the views or the public. There are
various instances where the advertisers or the advertising agencies have withdrawn or
modified their advertisements on being approached by ASCI for their comments on
the complaints received. So the ASCI have been playing a very important role in
maintaining the trust of the people on the Indian advertisements and the industry. In
spite of this regulatory body and the rules set by the Indian government to maintain
the standard and ethics in Indian advertisements, there are many advertisements which
violate these rules and regulations and unethically portray of products in
advertisements. Complaints against many of such advertisements are lodged at the
Consumer Complaint Council, out of which few are discussed here.

3.6 (C) Consumer Complaint Council (CCC) of ASCI

The National Advertising Monitoring Service (NAMS)9 of India monitors

about 1,500 television commercials and 45,000 print advertisements every month.
The complaints are being lodged by consumers and advertisers as well. There is a
systematic way of lodging a complaint and tracking it and also the process of
evaluating and giving a judgment which will be decided by the CCC members.

9
To reduce misleading advertisements which harm the interests of consumers, the ASCI taken an
initiative called NAMS and launched in partnership with TAM Media Research, which has been the
central monitoring and analysis hub for the advertising industry for past four decades.
(www.bestmediainfo.com)

96
(www.ascionline.org)Throughout the process and later ASCI does not disclose the
identity of the complainant. The lodging the complaint and getting the solution for the
complaint has about three steps which are explained here.

 The Procedure of Lodging a Complaint: There are four different options of

lodging a complaint
o The complaint can be lodged through online, where it is required to fill
up the complaint form available on the ASCI website.
o The complaint form can be downloaded and filled form can be emailed
with the details of the advertisements to [email protected].
o The complaint form can be downloaded and filled form can be mailed
with the details of the advertisements to Chief Operating Officer,
ASCI, 219, Bombay market, 78 Tordeo road, Mumbai-34
o The complainant can also call the toll free number or write a complaint
against any advertisement to Whatsapp no. provided in their website.
(www.ascionline.org)

After the complaint has been successfully lodged, the complainant will receive the
tracking number for further references.

 Tracking the Complaint: In keeping with its commitment ensuring towards

greater transparency, ASCI launched the Online Complaint & Monitoring
Service (OCMS). To know the status of the lodged complaint, the complainant
can log in to the ASCI website and check the status with the provided tracking
number. (www.ascionline.org)

 Members of the Consumer Complaint Council (CCC): 12 out of 21 members

of ASCI‟s Consumer Complaint Council (CCC) represent civil society (i.e
they are not from advertising sector). These members after receiving the
complaint will review the advertisements and examine the reply received from
the advertiser will take a fair decision and these members play a significant
role in giving justice to both consumers and advertisers. The most prominent
members of the CCC are listed below (www.ascionline.org)

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o Mr. D. Shivakumar – Vice Chairman ASCI, Group Executive
President (Aditya Birla Management Corporation Pvt. Ltd.)
o Ms. Aazmeen Kasad – Advocate, Mumbai High Court and Professor of
Law
o Mr. Arun Anant – Director, Incvalue Advisor Pvt. Ltd.
o Prof. Atanu Ghosh – Professor, IIT, Mumbai
o Dr. B. Sesikeran – MD, FNAMS, Former Director National Institute of
Nutrition (ICMR)
o Mr. Bejon Misra – Managing Trustee, Healthy You foundation, New
Delhi.
o Mr. Chella Pandyan – Marketing Director, Kimberly Clark India Pvt.
Ltd.
o Ms. Gayatri Vasudeva Yadav – Marketing & Communications, Star
India Pvt. Ltd.
o Mr. Hemant Agarwal – Managing Director, Associated Advertising
Pvt. Ltd.
o Ms. Hephzibah Patak – President, Ogilvy & Mather, Mumbai
o Prof. Jayesh Bellare – Institute Chair Professor, Chemical Engineering,
IIT, Mumbai.
o Mr. Jehangir Gai – Senior Journalist & Consumer Activist.
o Mr. Kapil Dev Pillai – Head of Marketing, Godrej Consumer Products
Ltd.
o Ms. Manisha Kapoor – Consultant, Future Brands Ltd., Mumbai.
o Ms. Mrinalini Kher – Co-Founder, Yuva Parivartan, Kherwadi Social
Welfare Association.
o Ms. Nandita Chalam – Senior Vice President & Executive Creative
Director, J. Walter Thomson.
o Dr. Narendra Bhatt – Ayurvedic Consultant and Researcher.
o Ms. P.N Vasanti – Director, CMS, New Delhi.
o Mr. Prabhakar Mundkur – Chief Mentor, HGS Interactive.
o Mr. Pradyuman Maheshwari – Editor-in-Chief & CEO, MxMIndia.
o Mr. Rajiv Kental – President Marketing, Amar Ujala Publications Ltd.
o Mr. Sanjay Singal – Chief Operating Officer, Diary & Beverages, ITC
Ltd.
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 o Mr. Shambhu V. Sista – Founder & Trustee of First (Laadli), Mumbai.
o Dr. Suhas Pingle – Member of Maharastra Medical Council (2011 to
2016)
o Ms. Tista Sen – National Creative Director & Senior Vice President, J.
Walter Thompson.
o Ms. Vinita Dang Mohoni – Business & Marketing Strategy Consultant.

 The Process of Complaints against Advertisements: After the complaints

received with description against an offending advertisement, the CCC asks
the advertiser of the offending advertisement to comment on the complaint
and submit substantiation where necessary. After receiving the reply from the
advertiser, the CCC if required orders for further investigations or else would
drop the complaint if found the reply of the advertiser justified. Later
receiving upon the investigation report, the members of the CCC and the
ASCI discuss on the issue and give a judgment accordingly. The CCC orders
the advertiser of the offending advertisement to either modify or withdraw the
advertisement by giving the advertiser the reason it being offensive. The CCC
also follow up the action convey to the advertiser. (www.ascionline.org)

There are two types of judgment given, one in favor of the consumer
and other in favor of the advertiser. This aspect is discussed with cases of four
advertisements of the product where the judgment is in favor of consumer and
four advertisements of the products where the judgment is in favor of the
advertiser along with the details of the advertisements, complaints and the
decision taken by CCC towards the complaint.

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3.7 Examples of CCC complaints and judgments on ethical issues in Indian
advertising

3.7 (A) Advertisements of Products where the Decision given in favor of the
Consumer

1. Thumbs Up: The

advertisements showed the
actor Akshay Kumar driving a
car in a very rash and
negligent manner just to get
the „Thumbs Up bottle‟. While
chasing to get the bottle, meets
with an accident and at the end
of the commercial he has been
shown lying on the hospital
bed with a fractured leg and
sipping a bottle of Thumbs
Up.
Image 3.7(Source: www.googleimages.com)

Complaint: Any individual, if attempts to perform such deadliest stunt is

likely to risk his life and therefore this commercial should be stopped
immedietly.

Decision Taken by CCC: The actions portrayed in the advertisement show

dangerous practices and follow unsafe acts without justifiable reasons. It also
shows the violation of traffic rules and shows speed in a manner which
encourages the adults for reckless driving which could harm the driver,
passengers, and the general public. Hence, the CCC ordered the advertiser to
modify the advertisements.

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2. AXE Deodorant – Dark Temptation: The visual in the advertisements
shows a boy spraying AXE deodorant on him and his whole body gets
converted to chocolate and smells like chocolate. As he walks on the streets,
the girls get attracted
to him and start licking
him, two girls licking
and biting his ears,
another girl on the bus
bits his butt and licks
her lips and the boy is
shown enjoying it
throughout. Image 3.8( Source: www.googleimages.com)

Complaint: The advertisement is visually vulgar as it shows the girls licking

and biting the boy is highly objectionable. This advertisement received two
more similar complaints.

Decision Taken by CCC: The CCC found the visuals of the girls licking the
chocolate and girls biting the boy‟s butt were indecent and likely to cause
widespread offence. Hence, the CCC ordered the advertiser to modify.

3. Cadbury Fruity Gems: The advertisement shows a child eating fruits and
another child eating gems of the same flavour. In the end, the child eating
fruits is shown eating Cadbury
Fruity Gems.

Complaint: A father of six-

year-old girl registered the
complaint against the
advertisement claimed that his
six-year-old daughter was so
much influenced by the
advertisement that she did not
want to eat fruits and instead wanted Image 3.9(Source: www.googleimages.com)

to eat Cadbury Fruity Gems.

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 Decision Taken by CCC: The CCC found the concept of the advertisement
exploits the vulnerability of minors. So, asked the advertisers to modify
appropriately or withdraw the advertisement.

4. VLCC Coolsculpting: The advertisement of VLCC Coolsculpting claims to

reduce fat in one session.

Complaint: 1. Reduce stubborn fat

without any workout. 2. Can reduce
weight in just one sitting. 3. The most
innovative research by VLCC in the
area of Body

Decision Taken by CCC: Based on

the response submitted by the advertiser
which was inadequate to prove their
claims, the CCC resolved that the claim,
“Get rid of stubborn

Image 3.10(Source: www.googleimages.com)

fat”, is misleading. Claim, “Can see difference in just one sitting”, was not
justified with clinical evidence. For the Claim, “The most innovative research by
VLCC in the area of Body Contouring”, the CCC noted the Advertiser had no
certification to prove their statement. Hence, the advertisement breached the
ASCI Code and was asked to withdraw the advertisement.

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3.7 (B) Advertisements of Products where the Decision given in favor of the
Advertiser

1. Ayurveda Mix Plus Kashaya Soap: The advertisement published in one of

the Malayalam bi-weekly magazine Gruhalakshmi in August 2016 claims that
the soap contains 80-88% TFM (Total fatty Matter).

Complaint: It is a false
claim. The Total fatty matter
(TFM) of this soap is only
65%.. The soap is oil based
handmade soap; it cannot
have more than 70% TFM.
The Ayurveda Mix Plus
Kashaya Soap is oil based
handmade soap, the average
moisture content of such
handmade soap is around
20%. Apart from this, the
soap also contains about 6 to
7% glycerine. Hence, it is
not possible to have 80 or
Image 3.11(Source: www.googleimages.com) 88% TFM in this kind of
handmade soap unless the moisture content of the soap is reduced to about
10% and the glycerine is taken out completely.

Decision Taken by CCC: On receiving the CCC recommendation, the

advertiser responded that their soap is manufactured using pure coconut oil by
cold processing where high TFM percentage can be achieved. Also the
advertiser furnished two independent test certificates from SGS lab and Kerala
Government lab, the report showing the TFM value is more than 84%. Based
on this data, the CCC did not consider the claim and decided in favor of the
advertiser.

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2. Idea Cellular: The Idea cellular‟s advertisement shows that there are no
adequate schools and the education facilities in the rural area and the rural
children are unable to get
admission to the urban schools
due to high fees which they can‟t
afford. So the learning is shown
can be done over mobile.

Complaint: The advertisements

depicts a wrong picture of the
education system in rural

Image 3.12 (Source: www.googleimages.com) Maharashtra which exactly is not

the situation.

Decision Taken by CCC: The CCC decided that the advertisement does not
degrade the education system in Maharastra.

3. Gold Winner Sunflower Oil:

Complaint: Advertiser shows how engine oil is required for car efficiency,
the same way even the oil is important for human consumption to maintain
good health. The ad even says that 4
teaspoons of the brand oil per day will
help running the body system without any
faults. The claim needs to be
substantiated.

Decision Taken by CCC: The CCC

concluded that the analogy of engine oil
for car efficiency was not incorrect. The
promotion of 4 teaspoons of oil per day to
help run the body system was not false.

Image 3.13 (Source: www.googleimages.com)

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 4. Cadbury Chocolates: The advertisements show the rakshabandhan festival,
where a sister ties the rakhi for her brother and will be expecting gifts in
return. But she gets annoyed because her brother has come without any gifts
for her. Later the brother gives her Cadbury Celebrations Chocolate which
makes her happy.
Complaint: The
advertisements convey the
wrong message to the public
that the sisters only look out
for gifts on this day.

Image 3.14 (Source: www.googleimages.com)

Decision Taken by CCC: The CCC observed the advertisement carefully and
decided that the advertisement depicted a humorous situation which was not
offensive.

With this chapter, which introspects deep into the issues like misleading, false
claims, concealment of facts, puffery, manipulation, reinforcing stereotypes etc. have
given an understanding of minor, major, objectionable and controversies in Indian
advertisements. This leads to the regulating and monitoring bodies to put a check on
the ethical issues in Indian advertising. It also brings awareness to the responsibilities
of the advertisers and the agencies related to advertising. The ASCI has thrown light
over the complaints that can be lodged over the advertisements as well as the products
and the examples give a virtual view of how the CCC is fair in giving justice to the
complainants by passing judgment which is non-partial. These examples and the
decisions taken by the CCC give adequate hope to the society for monitoring on
unethical advertisements.

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