The Advertising Standards Council of India (ASCI), established in 1985, is committed to the cause of self-regulation in advertising, ensuring the protection of the interests of consumers. ASCI seeks to ensure that advertisements conform to its Code for Self-Regulation, which requires advertisements to be legal, decent, honest and truthful, and not hazardous or harmful, while observing fairness in competition. ASCI is a voluntary self-regulation council, registered as a not-for-profit company under Section 25 of the Indian Companies Act. The sponsors of ASCI, who are its principal members, are firms of considerable repute within the Industry in India, and comprise of advertisers, media, advertising agencies and other professional / ancillary services connected with advertising practices. ASCI is not a government body, nor does it formulate rules for the public or relevant industries.
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.
To ensure that advertisements are not offensive to generally accepted standards of public decency. Advertisements should contain nothing indecent, vulgar, especially in the depiction of women, or nothing repulsive which is likely, in the light of generally prevailing standards of decency and propriety, to cause grave and widespread offence.
To ensure that advertisements observe fairness in competition such that the consumer’s need to be informed on choice in the marketplace and the canons of generally accepted competitive behavior in business are both served.
Advertisements have a one significant influence on people’s behaviour. As such, advertisers are encouraged to depict advertisements in a manner which promotes safe practices, e.g., wearing of helmets and fastening of seat belts, not using mobiles/cell phones when driving, etc.
Communication and advertisements related to F&B can have significant impact on the lives of the public in general, and their physical and material well-being in particular. It is therefore imperative that F&B advertisements fulfil their intended roles, and advertisers adopt strict principles of self-regulation, and not mislead the general public in any manner detrimental to well-being. Caution and care should be observed in advertising of F&B, especially ones containing relatively High Fat, Sugar and Salt (HFSS). Recognising the need to promote high standards of business ethics, to ensure commercial communications to consumers are responsible and the need to provide honest and truthful information about food and beverage products are met, the following guidelines are issued.
Educational institutions such as universities, colleges, schools, coaching classes, Edtech platforms etc., which offer education and training programmes, play a vital role in building the intellectual capital of India. Parents place a very high value on the education of their children and are known to make great personal sacrifices to enable their children get the right education. Unlike a tangible product, where it is frequently possible to judge the value of what is being offered by inspection and demonstration, in the field of education and training, the value of a programme is judged mainly by means such as degrees, diplomas and other qualification nomenclatures, recognition, affiliations, testimonials, accreditations, admissions/job/compensation promises – of which, the variety being advertised are many. The advertising of these products and services can have an impact on the minds of growing children and vulnerable parents. Therefore, in addition to being truthful and honest, and complying with Chapter I of the ASCI code that requires ads to be honest, ads must also consider any harm that can be caused through the depictions or messages. Chapter III of the ASCI Code requires advertisements addressed to children to not contain anything, whether in illustration or otherwise, which might result in their physical, mental or moral harm, or which exploits their vulnerability.
Chapter I (4) of the ASCI code states that “Advertisements shall neither distort facts nor mislead the consumer by means of implications or omissions.” Therefore it is important that certain claims be appropriately explained to ensure that consumers with average intelligence are not misled, nor deceived by means of implications or omissions. These guidelines are meant to help Advertisers, Agencies and the Media to better understand the rules in the ASCI Code for Self-Regulation in Advertising in so far as they relate to disclaimers used in Advertising.
Marketers may claim saving for a larger pack, provided the comparison is made without any ambiguity by highlighting number of smaller pack units versus the larger promotional pack (viz., “Save INR XX for a 2 KG pack as compared to four 500 gm packs”). Words to be used “save” and not “off”.
While all fairness products are licensed for manufacture and sale by relevant state Food & Drug Administrations (FDA) under the Drugs & Cosmetics Act, there is a strong concern in certain sections of society that advertising of fairness products tends to communicate and perpetuate the notion that dark skin is inferior and undesirable. ASCI code’s Chapter III 1(b) already states that advertisements should not deride race, caste, colour, creed or nationality. Yet, given how widespread the advertising for fairness and skin lightening products is, and the concerns of different stakeholders in society, ASCI, therefore, felt a need to frame specific guidelines for this product category
Celebrities have a strong following and hence high credibility among consumers. Therefore, advertisements featuring celebrities need to doubly ensure that claims made in it are not misleading, false or unsubstantiated; so as not to harm the interests of the consumers, especially for products or services which can cause serious financial loss and physical harm. These guidelines are developed so that the advertiser is guided to produce and release appropriate advertisements featuring celebrities in it. Advertisements featuring celebrities or involving celebrity endorsements would be subject to the following guidelines:
Online gaming, where consumers are required to put up money for a possibility of cash or equivalent winnings, has become immensely popular.Such games are called “ONLINE GAMING FOR REAL MONEY WINNINGS”. Vast amounts of resources are being spent to establish new brands and new formats in this category. Such games fall under state jurisdictions, and from time to time, they may be allowed or disallowed through notifications or enactment of laws. It is not within ASCI’s jurisdiction to decide the legality of such games, and objections related to the legality of such games, and the appearance of their advertisements in specific media are outside of ASCI purview, and must be taken up with the concerned sector regulators within the government. ASCI can process complaints regarding the advertising content of ‘Online Gaming for Real Money Winnings’, when such advertisements potentially violate the ASCI code. Such games entail an element of risk through financial losses. Such games may also be addictive in nature. Some advertisers have proactively put disclaimers to warn the public on both issues. However, there is a need to standardise the same as well as ensure that all advertisements in the category carry the required warnings. For advertisements of ‘Online Gaming for Real Money Winnings’ the following specific guidelines have been developed to guide advertisers to so that their advertisements do not violate the ASCI code pertaining to misleading advertisements (Chapter I), or of being harmful to society or individuals (Chapter III). These guidelines would be applicable to the content of all advertisements of ‘Online Gaming for Real Money Winnings’
An Influencer is someone who has access to an audience and the power to affect their audiences’ purchasing decisions or opinions about a product, service, brand or experience, because of the influencer’s authority, knowledge, position, or relationship with their audience.
Virtual influencers, are fictional computer generated ‘people’ or avatars who have the realistic characteristics, features and personalities of humans, and behave in a similar manner as influencers.
A material connection is any connection between an advertiser and influencer that may affect the weight or credibility of the representation made by the influencer. Material connection could include, but is not limited to benefits and incentives, such as monetary or other compensation, free products with or without any conditions attached including those received unsolicited, discounts, gifts, contest and sweepstakes entries, trips or hotel stays, media barters, coverage, awards, or any family or employment relationship, etc.
As digital media becomes increasingly pervasive and more consumers start to consume advertising on various digital platforms, it has become important to understand the peculiarities of these advertisements and the way consumers view them. With lines between content and advertisements becoming blurry, it is critical that consumers must be able to distinguish when something is being promoted with an intention to influence their opinion or behaviour for an immediate or eventual commercial gain. Consumers may view such messages without realising the commercial intent of these, and that becomes inherently misleading, and in violation of clause 1.4 (misleading by omission) and 1.5 (abuse trust of consumers or exploit their lack of experience or knowledge).
A Virtual Digital Asset (VDA) has been defined as any information or code or number or token (not being Indian currency or foreign currency), generated through cryptographic means or otherwise, by whatever name called, providing a digital representation of value exchanged with or without consideration, with the promise or representation of having inherent value, or functions as a store of value or a unit of account including its use in any financial transaction or investment, but not limited to investment scheme, and can be transferred, stored or traded electronically. These products are more commonly referred to as “crypto products” or Non-Fungible Tokens (NFTs) Such products are a relatively new and an evolving form of investments. There is a need to protect consumer/investor interests, as users may not be aware of risks arising from this form of trading and investment. The market for VDAs is not regulated and can be very volatile, since it is usually not backed by any tangible assets. In order to ensure that consumers who deal in VDA products are fully aware of the risks, and are not misled, ads must comply with the ASCI “Guidelines for Virtual Digital Assets and Linked Services”, so as not to Violate Chapter 1 of the ASCI code, particularly clauses 1.1, 1.4, 1.5. that require advertisements to be truthful, and not mislead consumers by implication, ambiguity, exaggeration or omission, and not framed in a way that abuse their trust or exploit their lack of knowledge.
The guidelines on harmful stereotyping follow the release of ASCI’s study GenderNext, conducted along with Futurebrands in October 2021. The study examined the depiction of women in advertising and identified several stereotypes and tropes. While the report encourages advertisers and creators to demonstrate more progressive roles based on the insights revealed, it also dentified some stereotypical depictions that could negatively reinforce how people think they should look and behave, and how others think they should look and behave, based on their gender. This can have negative consequences for individuals and for society as a whole, and over a period of time. As society progresses and evolves, norms on what is acceptable to consumers and other stakeholders also evolve. While harmful stereotypes are not only present in advertising, and advertising is not the only factor that reinforces these stereotypes, it is important for advertising to play its rightful role and not contribute to the perpetuation of such stereotypes. As the gender landscape is a complex issue, the following guidelines provide a specific interpretation of ASCI Chapter III (against harmful situations) as it relates to harmful gender stereotyping. While the guidelines lay down the boundaries of what is unacceptable, advertisers and creators are encouraged to be inspired by the spirit of the GenderNext report and deploy the SEA framework and the 3S checklist to create more progressive gender depictions when it comes to the depiction of women. (https://ascionline.in/gendernextreport/index.html)
Online Deceptive Design Patterns commonly known as “Dark Patterns” is an umbrella term referring to a wide variety of practices commonly found in online user interfaces that lead consumers to make choices that often are not in their best interests. Developing a universally accepted definition of Dark Patterns is a challenge, owing in part to the wide variety of practices referred to as such and different views on whether certain practices should be considered Dark Patterns. The OECD Committee on Consumer Policy proposes the following working definition intended to facilitate near-term discussion about such practices among regulators and policymakers across jurisdictions: “Dark commercial patterns are business practices employing elements of digital choice architecture, in particular in online user interfaces, that subvert or impair consumer autonomy, decision-making or choice. They often deceive, coerce or manipulate consumers and are likely to cause direct or indirect consumer detriment in various ways, though it may be difficult or impossible to measure such detriment in many instances.” Dark Patterns share one or more end-goals – for example getting consumers to purchase, purchase more of, or continue to purchase, a good or service that they would otherwise not purchase or purchase in lesser quantity; to spend more money on a purchase or time on a service than desired; or to give up more personal data than desired – with the ultimate purpose of increasing business revenue. There are many instances of Dark Pattern executions which are unrelated to advertisements such as users being guilted into opting for something which they would otherwise not have, or, when consumers purchase something, additional products are added into the basket of the consumer, without their knowledge – like donations to relief funds, etc. However as ASCI’s remit is limited to self-regulation of Advertising content these guidelines cover only advertising in digital media including e-commerce, airline, food delivery etc. apps and websites. Chapter 1 of the ACSI code requires ads to be honest, and not abuse the trust or lack of expertise of the consumer. The code requires ads to not mislead by omission, exaggeration, implication or ambiguity. To ensure that advertisements do not breach Chapter 1, the following guidelines are to be applied to digital advertising.
