MA

Semester IV
Unit II

Ethics in Advertising
Dr. Bhavneet Bhatti
Assistant Professor
School of Communication Studies
Panjab University
 The Advertising Standards Council of India

ASCI is a voluntary Self-Regulation council, registered as a

not-for-profit Company under section 25 of the Indian Cos. Act.

The sponsors of the ASCI, who are its principal members, are
firms of considerable repute within Industry in India, and
comprise Advertisers, Media, Ad. Agencies and other
Professional/Ancillary services connected with advertising
practice.

The ASCI is not a Government body

 THE CODE FOR SELF-REGULATION IN
ADVERTISING
• PURPOSE
• DECLARATION OF FUNDAMENTAL PRINCIPLES
• RESPONSIBILITY FOR OBSERVANCE OF CODE
• THE CODE AND THE LAW
• DEFINITIONS
• STANDARDS OF CONDUCT
CHAPTER I , II , III, IV
PURPOSE
• The purpose of the Code is to control the
content of advertisements, not to hamper the
sale of products which may be found
offensive, for whatever reason, by some
people.
• Provided, therefore, that advertisements for
such products are not themselves offensive,
there will normally be no ground for objection
to them in terms of this Code.
FUNDAMENTAL PRINCIPLES

• To ensure the truthfulness and honesty of representations and claims

made by advertisements and to safeguard against misleading
advertisements.

• To ensure that advertisements are not offensive to generally accepted

standards of public decency.

• To safeguard against the indiscriminate use of advertising for the

promotion of products which are regarded as hazardous to society or to
individuals to a degree or of a type which is unacceptable to society at
large.

To ensure that advertisements observe fairness in competition so that

the consumer’s need to be informed on choices in the market-place and
the canons of generally accepted competitive behaviour in business are
both served.
 RESPONSIBILITY FOR THE OBSERVANCE OF THIS CODE

• The responsibility for the observance of this Code of Self-Regulation in

Advertising lies with all who commission, create, place or publish any
advertisement or assist in the creation or publishing of any
advertisement.

• All advertisers, advertising agencies and media are expected not to

commission, create, place or publish any advertisement which is in
contravention of this Code.

• This is a self-imposed discipline required under this Code for

Self-Regulation in Advertising from all involved in the commissioning,
creation, placement or publishing of advertisements.

• This Code applies to advertisements read, heard or viewed in India even

if they originate or are published abroad so long as they are directed to
consumers in India or are exposed to significant number of consumers in
India.
THE CODE AND THE LAW
• The Code’s rule are not the only ones to affect
advertising. There are many provisions, both in
the common law which can determine the form
or the content of an advertisement.

• The Code is not in competition with law. Its

rules, and the machinery through which they
are enforced, are designed to complement
legal controls, not to replace them.
• DEFINITIONS
For the purpose of this Code:

- an advertisement is defined as a paid-for communication, addressed to the Public

or a section of it, the purpose of which is to influence the opinions or behaviour of
those to whom it is addressed. Any communication which in the normal course
would be recognised as an advertisement by the general public would be included
in this definition even if it is carried free-of-charge for any reason.

- a product is anything which forms the subject of an advertisement, and includes

goods, services and facilities.

- a consumer is any person or corporate body who is likely to be reached by an

advertisement whether as an ultimate consumer, in the way of trade or otherwise

This section also includes the definitions of terms like Advertising Agencies , media
channels, media owners etc
CHAPTER-I.
• To ensure the Truthfulness and Honesty of Representations and Claims
made by Advertisements and to safeguard against misleading
Advertisements

1. ADVERTISEMENTS MUST BE TRUTHFUL - All descriptions, claims and

comparisons which relate to matters of objectively ascertainable fact
should be capable of substantiation

2. SOURCE OF INDEPENDENT RESEARCH – where claims are based on

independent research, the source and date should be indicated .

3. NO REFERENCE WITHOUT PERMISSION – Advertisements should not

contain any reference to such person , firm or institution which confer
an unjustified advantage on the product advertised , without permission

4. NO DISTORTION OF FACTS : Advertisements shall neither distort facts nor

mislead the consumer by means of implications or omissions.
5. SHOULD NOT EXPLOIT THE LACK OF KNOWLEDGE OR EXPERIENCE OF
CONSUMERS or SHOULD NOT EXAGGERATE

- Claims of ‘free’ products

- Claims of a product ‘free’ with purchase of a product
- Claims which use expressions such as “U to five years’ guarantee” or
“Prices from as low as Rs. Y” are not acceptable if there is a likelihood of
the consumer being misled either as to the extent of the availability or as
to the applicability of the benefits offered.
- Special care to be taken where advertisements are addressed to those
suffering from weakness or inadequacy of physical attributes, obesity etc .
Claims should not exceed what is considered possible through generally
accepted standards of medical practice.
- Claims related to financial offer s and lottery schemes should clearly
specify instructions.
6 Obvious untruths or exaggerations intended to amuse or to catch the
eye of the consumer are permissible provided that they are clearly to be
seen as humorous or hyperbolic and not likely to be understood as
making literal or misleading claims for the advertised product

7 In mass manufacturing and distribution of goods and services it is

possible that there may be an occasional, unintentional lapse in the
fulfilment of an advertised promise or claim. Such occasional,
unintentional lapses may not invalidate the advertisement in terms of
this Code

CHAPTER II
• To ensure that Advertisements are not offensive to generally accepted
standards of Public Decency.
• Advertisements should contain nothing indecent, vulgar or repulsive
which is likely, in the light of generally prevailing standards of decency and
propriety, to cause grave or widespread offence
CHAPTER III

• To safeguard against the indiscriminate use of Advertising in situations

or of the Promotion of Products which are regarded as Hazardous or
Harmful to society or to individuals, particularly minors, to a degree or of
a type which is Unacceptable to Society at Large.

1. No Advertisement shall be permitted which :

- Tends to incite people to crime or promote disorder
- Derides any race, caste, colour, creed of nationality
- Presents criminality as desirable or encourages or conveys crime
- Adversely affects relations with foreign state
2. Advertisements addressed to minors shall not contain anything, whether in
illustration or otherwise, which might result in their physical, mental or
moral harm or which exploits their vulnerability.

For example,
(a) Advertisements should not encourage minors to enter strange places or
to converse with strangers in an effort to collect coupons, wrappers, labels
or the like.
(b) Should not feature dangerous or hazardous acts which are likely to
encourage minors to emulate such acts in a manner which could cause harm
or injury.
(c) Should not show minors using or playing with matches or any
inflammable or explosive substance; or playing with or using sharp knives,
guns or mechanical or electrical appliances, the careless use of which could
lead to their suffering cuts, burns, shocks or other injury.
(d) Should not feature minors for tobacco or alcohol-based products.
(e) Should not feature personalities from the field of sports, music and
cinema for products which, by law, either require a health warning in their
advertising or cannot be purchased by minors.
3. Advertisements shall not, without justifiable reason, show or refer to
dangerous practices or manifest a disregard for safety or encourage
negligence.

4. Advertisements should contain nothing which is in breach of the law nor

omit anything which the law requires.

5. Advertisements shall not propagate products, the use of which is banned

under the law

6. Advertisements for products whose advertising is prohibited or restricted

by law or by this code must not circumvent restrictions
- Visual content / layout /colour should not show prohibited product
- Adv must not make any direct or indirect reference
- Adv must not create phrases promoting prohibited products
CHAPTER IV
To ensure that Advertisements observe fairness in competition such that
the Consumer’s need to be informed on choice in the Market Place and
the Canons of generally accepted competitive behaviour in Business are
both served.

1. Adv containing comparisons should adhere to following :

• It is clear what aspects of the advertiser’s product are being compared

with what aspects of the competitor’s product

• comparisons are factual, accurate and capable of substantiation

• There is no likelihood of the consumer being misled as a result of the

comparison, whether about the product advertised or that with which it is
compared.
2. Advertisements shall not make unjustifiable use of the name or initials
of any other firm, company or institution, nor take unfair advantage of
the goodwill attached to the trade mark or symbol of another firm or its
product or the goodwill acquired by its advertising campaign

3. Advertisements shall not be similar to any other advertiser’s earlier run

advertisements in general layout, copy, slogans, visual presentations,
music or sound effects, so as to suggest plagiarism.
EXAMPLES

GODREJ SARA LEE LTD(*) (GOOD KNIGHT AEROSOL)

• TVC shows - “Aerosol as a fragrant and the actors are inhaling

it”. This is highly objectionable as one must not inhale a pesticide
even if it is safe. These insecticides are far more dangerous and
should not be inhaled directly.
TVC is being aired on children’s channel and is giving new ideas
to children in order to endanger their lives.

• April 2010Chapter III.2 (b). Visual depiction of “a girl inhaling a

mosquito repellent spray”, shows a dangerous act which is likely
to encourage minors to emulate them in a manner which could
cause harm or injury.

• TVC modified.
PRODUCT: FAIR & LOVELY
COMPLAINT: The ad claims that, fair and lovely marketed in India gives better results than
other fairness creams marketed in Dubai, Singapore and Japan. The ad does not mention
the brands with which fair and lovely has been compared. While conceding it may not be
possible to name the competitor in a TVC due to ethical or legal reasons, the TVC appears
to create a misleading superiority point using this legal / ethical loophole. It is not clear
why fairness creams from Japan, Singapore and Dubai have been compared as the
majority of the native people living in these countries are a race with fair skin. Hence the
TVC may mislead the viewers to believe that the fairness creams marketed are in some
way responsible for the fairness of the people living in these countries. As Fair & Lovely
claims superiority over the creams in these countries, the consumers in India will be
made to believe that they too will get a similar fair skin.

DECISION: UPHELD
The CCC viewed the TVC and considered the Advertiser’s response. The basis of choice of the
products being compared as “the world’s best creams” was not substantiated with
volume sales/market data. The TVC makes comparison versus “some of the world’s best
products” whereas the Voice over names countries and therefore the Ad is likely to be
misleading by exaggeration and implication that the advertised product is unbeatable
with all the products in that country. Also the ad is likely to be misleading by ambiguity as
the comparison is only for instant whitening effect of the advertiser’s product. The
advertisement contravened Chapters I.1, I.4 and IV.1 (d) of the Code. The complaint was
UPHELD.
COMPANY: BHARTI AIRTEL LTD
PRODUCT: AIRTEL
COMPLAINT:
The advertisement runs on multiple TV channels and talks about Airtel 3G and video calling.
In particular, I would like to highlight Airtel's Boss Ad. The commercial shows that the
lady is able to call while being driven in an underpass. Similarly, the husband is able to
receive calls in his high rise office building, including a video call with uninterrupted
video streaming. My complaint is that I am on a 3G broadband plan where I barely
receive about 40%60% of 3G bandwidth availability. When I raised this issue with Airtel,
I was informed by customer support, to quote them "The coverage issues could be due
to either high rises, flyovers, population in your area and excessive distance between
two cell sites or a combination of all these." Per Airtel highrises, flyovers, population do
cause interference in signal, a disclaimer should have been added to each 3G
advertisement explicitly calling out this fact that can potentially impact the quality of
service for subscribers. The company is conveniently attempting to conceal from the
gullible public this shortcoming in their ability to provision service.

DECISION: NOT UPHELD

The CCC viewed the TVC and considered the Advertiser’s response. The advertisement does
not make specific claims of coverage as mentioned in the complaint. The complaint was
NOT UPHELD.
COMPANY: HOTSHOP18
PRODUCT: SUPERB FIGURE HOT BURNING KIT

COMPLAINT: The Advertisement shows a slab of butter melting

when kept between two halogen lamps, claiming that is how
human fat can be melted. On calling the helpline number the
operator said that there is no scientific proof of fat melting
away. This ad appears to be misleading.

DECISION: UPHELD
The CCC viewed the TVC. In the absence of comments from the
Advertiser, the CCC concluded that the claim in the TVC of,
“human fat can be melted”, was not substantiated and was
misleading by exaggeration. The advertisement contravened
Chapters I.1 and I.4 of the ASCI Code. The complaint was
UPHELD.
COMPANY: Career spin Consulting India Private
Limited

COMPLAINT:
“100% Job Guarantee.”* - Super: *Conditions Apply

DECISION: UPHELD
In the absence of comments from the Advertiser, the
CCC concluded that the claim, “100% Job
Guarantee – Super Conditions Apply”, was not
substantiated. The Ad contravened Guidelines for
Advertising of Educational Institutions and
Programs as well as Chapter I.1 of the ASCI Code.
The complaint was UPHELD
 References
Read the website
• https://www.ascionline.org/

Read the Code

• https://www.ascionline.org/index.php/ascicodes.
html

Cases decided by ASCI

• https://www.ascionline.org/images/pdf/septemb
er%202019%20ccc%20recommendations.pdf