THE CODE FOR SELF-REGULATION IN ADVERTISING

CHAPTER I: INTRODUCTION
Imagine a day in the life of an average urban Indian male living in an apartment by himself. He wakes up early in the morning to the sound of a hi tech alarm (which he has recently bought, thanks to the ad of an alarm clock he seen on TV). He jumps out of bed and switches on the radio (to hear some good music on FM punctuated with some news headline). The TV is then switched on (to the channel on Aerobics while he woks out with those slim women who promise a sexy physique in just a couple of months). With a brush in his mouth (of course with Close Up toothpaste for greater confidence and so that beautiful girls may say Talk to me), he scans the news paper for a quick update while he prepares some breakfast (the fast and highly nutritious Kellogs which once again he purchased because of the attractive ad). After a warm bath (with Dettol soap for greater skin protection and Head and Shoulders Shampoo so that he is never embarrassed because of dandruff), and a cool shave (with the very cool Gilette Shaving foam as shaving cream is out and shaving foam is in, and the Mac3 - for the closest shave), he bathes his cheeks with an after shave (Old Spice for that macho feeling). He dashes off to work (whizzing past posters, billboards,
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THE CODE FOR SELF-REGULATION IN ADVERTISING hoardings all bombarding him with different messages, schemes, offers etc.). His bus and train journey are never boring as he always carries the latest India Today to keep him abreast of the latest happenings. He is on the field working when he feels thirsty (but he cannot make up his mind whether to have a Thums up as he is grown up, or to have a Pepsi because he wants to live young forever; any way he decides to play safe and have a Bisleri). His mobile suddenly buzzes. Its a programmed call, reminding of his date. He realises he is late. At the shopping center close by he buys his date a card (an Archies Im sorry Card of course, because no one can say it better than Archies). Obviously his date reacts as she is expected to by giving him a hug (just like the ad). After the great date they return home. After some TV snacking, he sets the mood with some soft music, spruces himself (any guesses with what? yes with the sexiest, irresistible, AXE deo spray). And the lights go out. (Hey wait a second, I forgot to mention the extra
Media and Advertisings influence for you. soft. Kurlon mattress he had recently purchased thanks to the special Diwali offer). That was

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THE CODE FOR SELF-REGULATION IN ADVERTISING

WHAT IS ADVERTISING?
The word advertising originates from a Latin word advertise which means to turn to. The dictionary meaning of the term is to give public notice or to announce publicity. Advertising as a term is used by many to cover almost any topic in the promotional area of marketing. Advertising is a marketing vehicle that is designed for the masses. The American Marketing Association defines advertising as any paid form of non personal presentation and promotion of Ideas, goods or services by an identified sponsor. This definition can be divided into 4 parts:
1.

Paid form: The advertisement is paid for by an advertiser and as result of this, the advertiser exercises control over advertisement. He would mostly decide what the advertisement will say and where it is placed. As he invests money, he would also be interested to know its results. Non personal presentation: Advertising is non-personal selling. It is directed towards mass selling by way of mass communication. It makes use of various media to deliver the message to the customers. At times, advertising message may try to give the impression of personal appeal but it cannot be truly personal. Advertising is an

2.

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THE CODE FOR SELF-REGULATION IN ADVERTISING inexpensive way to reach the mass market. The cost of a personal call involves huge money whereas a mass advertising exposure will cost only a fraction of the investment.
3.

Ideas, goods or services: advertising also sells ideas. Some firms may use advertisements to sell the idea that if an investor puts his money in a certain plan of public deposits over a given number of years, an individual with small income can become a rich man. Advertising may also be used to sell the ideas that they need your help e.g. Mumbai Traffic Police advertise asking drivers and pedestrians to cooperate to help the department to maintain normal traffic flow, free of bottleneck and accidents. When people think of advertising they imagine an advertisement is for tangible objects. But these days this perception is held wrong as many advertisements sell services e.g. Banks, insurance, restaurants etc. Identified sponsor: Advertising tries to influence the recipient of the message. Advertising wants the sponsor of the message be known. Advertisement without an identified sponsor is a wasteful use of advertising budget. The advertiser is interested to identify his product with maker and the maker with the product.

4.

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IMPORTANCE OF ADVERTISING
Back in 1950s, it was said that doing business without advertising is like winking at a girl in the dark; you know you what you are doing, but nobody else does. The message was: 'Come on, turn on the light, it pays to advertise'. Today, in this complex world amidst heavy rush or everything, having a densely crowded scenario of multiple ads even winking in broad daylight goes unnoticed. Since everyone is advertising, the idea is to do it with innovation. Advertising is of immense utility both to large and small business. There can be no doubt that advertising efforts would result in creation of additional sales. All forms of promotion of sale of goods is in one way or the other, supported by extensive advertising campaign. It is not possible to imagine survival of any business, which is in the business of "make and sell" in the absence of advertising efforts. Advertising has extended its coverage to include non-business enterprises also e.g.. Public Water Works advertises the need to preserve precious water and to cultivate the habit of drinking clean water free from any form of pollution. Countless illustrations can be provided wherein non-business enterprises have recognised the importance of advertising and their use it as a tool to promote ideas and services.
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THE CODE FOR SELF-REGULATION IN ADVERTISING Advertising is an economic activity and it generates employment. Thousands of men and women are directly or indirectly, employed in professional advertising. Advertising is an economic proposition. People who invest their money in advertising anticipate positive results. Hence, advertising must be result-oriented. Every newspaper or magazine survives on the advertisements that it receives. Advertisements are definite source of revenue to the publishers. Because of the advertisements inserted in newspapers and magazines, they are sold at lower price, which can be afforded by the public. Advertising is of paramount importance because it creates better-informed public by making available innumerable publications at an affordable price. Considering the response that advertisements generate, it can be stated that "advertising does not cost too much". In older to cut down production cost per unit there is a need to increase the total sales turnover. When overall sales increase, production cost per unit is automatically slashed and more people buy the goods. Apart from towering production costs, advertising also pays for entertainment and education through use of media like radio and TV. Consumer is the king in the market. He cannot be compelled to buy anything .At the most, he can be persuaded
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THE CODE FOR SELF-REGULATION IN ADVERTISING to patronise a certain brand. It is here that advertising plays a prominent role. There is no standard format to be followed to make advertising liked by every person. Advertising is a creative field. Individual likes and dislikes determine success of advertising or its failure. Advertising scores over personal selling because it provides freedom of choice to the consumer. Decision to make purchases is independently arrived at by the consumers. No civilised society can record constant progress and ensure better standard of living to its people in the absence of information and education provided by advertising.

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CHAPTERII: SELF-REGULATION IN ADVERTISING

Inspite of the growing importance of advertising in recent years; as the quantity of false, misleading and offensive advertising has increased it has resulted in consumers having an increasing disbelief in advertising, and a growing resentment of it. Misleading, false advertising also constitutes unfair competition. It could lead to market-place disaster or even litigation. If this kind of advertising continues, it won't be long before statutory regulations and procedures are imposed which make even fair truthful, decent advertising cumbersome if not impossible. This certainly will affect your ability to compete and grow. Ethics is a choice between good and bad, between right and wrong. It is governed by a set of principles of morality at a given time and at a given place. Ethics is related to group behavior in the ultimate analysis, setting thus the norms for an individual to follow in consistence with the group norms. Advertising too, has its ethical values. Advertising communications may be artfully presented facts but the same are subservient to ethical principles. In order to be consumeroriented, an advertisement will have to be truthful and ethical. It should not mislead the consumers. If it so happens and word
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THE CODE FOR SELF-REGULATION IN ADVERTISING does get out, the credibility is lost and the communication becomes ineffective rather futile. Advertisements truth should be viewed from the consumers point of view, and not in the narrow legalistic frame in order to find a loophole and to get out after an irresponsible action. Many times a clear line of demarcation between truth and lies is difficult to establish. But the advertisement is as much judged by its impact as by its acceptance by the consumers. What it promises must be there in the performance of products. Advertisements should not be indecent and obscene. Gambling or to encourage gambling is against ethical code.

Endorsement of products by celebrities who are opinion leaders is also sometimes criticized for spreading falsehood. Especially if the word gets out that the celebrity has endorsed without actual personal experience, it can have a very detrimental effect on consumers. As advertising a social process, it must honour the

traditional norms of social behavior, and should not affront the moral senses of a society.

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THE CODE FOR SELF-REGULATION IN ADVERTISING In order to enforce an ethical code throughout the world Self Regulation is followed. There are self-regulation bodies throughout the world for e.g. In UK the self regulation body is The Advertising Standards Authority, In Ireland The Advertising Standards Authority for Ireland (ASAI) and in India we have Advertising Standards Council of India (ASCI). It is a non-profit organization set up by 43 founder members who are involved with advertising in one way or the other. ASCIs propose is to adjudicate on whether an advertisement is offensive and its decision will be binding on its members. The Advertising Standards Council of India (1985) has adopted a Code for Self-Regulation in Advertising. It is a commitment to honest advertising and to fair competition in the market place. It stands for the protection of the legitimate interests of consumers and all concerned with advertising, advertisers, media, advertising agencies and others who help in the creation or placement of advertising. As the Code becomes increasingly accepted and observed pro-actively, three things will begin to happen. 1. Fewer false, misleading claims 2. Fewer unfair advertisements 3. Increasing respectability
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ASCls MISSION
ASCI has one overarching goal: to maintain and enhance the public confidence in advertising. ASCI seeks to ensure that advertisements conform to its Code for Self Regulation which requires advertisements to be Truthful and fair to consumers and competitors. Within the bounds of generally accepted standards of public decency and propriety. Not used indiscriminately for the promotion of products, hazardous or harmful to society or to individuals particularly minors, to a degree unacceptable to society at large ASCI propagates its code and a sense of responsibility for its observance amongst advertisers, advertising agencies, and others connected with the creation of advertising, and the media. ASCI encourages the public to complain against advertisements with which they may be unhappy for any reason and ensures that each complaint receives a prompt and objective consideration by an impartial Committee (CCC) which takes into account the view point of the advertiser, and an appropriate decision is communicated to all concerned. ASCI endeavors to achieve compliance with its decisions through reasoned persuasion and the power of public opinion.

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THE CODE FOR SELF-REGULATION IN ADVERTISING

CHAPTER III COMPLETE STUDY OF SELF REGULATION IN INDIA

THE CODE FOR SELF-REGULATION IN ADVERTISING IN INDIA Adopted by The Advertising Standards Council of India under Article 2 (ii) of its Articles of Association at the first meeting of the Board of Governors held on November 20, 1985. The Code was amended in February 1995 and more recently in June 1999. 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.

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THE CODE FOR SELF-REGULATION IN ADVERTISING

DECLARATION PRINCIPLES

OF

FUNDAMENTAL

This Code for Self-Regulation has been drawn up by people in professions and industries in or connected with advertising, in consultation with representatives of people affected by advertising, and has been accepted by individuals, corporate bodies and associations engaged in or otherwise concerned with the practice of advertising, with the following as basic guidelines, with a view to achieve the acceptance of fair advertising practices in the best interest of the ultimate consumer: I. To ensure the truthfulness and honesty of

representations and claims made by advertisements and to safeguard against misleading advertisements. II. To ensure that advertisements are not offensive to generally accepted standards of public decency. III. 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
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THE CODE FOR SELF-REGULATION IN ADVERTISING degree or of a type which is unacceptable to society at large. IV. 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. The Code's rules form the basis for judgement whenever there may be conflicting views about the acceptability of an advertisement, whether it is challenged from within or from outside the advertising business. Both the general public and an advertiser's competitors have an equal right to expect the content of advertisements to be presented fairly, intelligibly and responsibly. The Code applies to advertisers, advertising agencies and media.

RESPONSIBILITY FOR THE OBSERVANCE OF THIS CODE

As the advertiser originates the advertising brief and sanctions its placement, the advertiser carries full responsibility for the observance of this Code. This responsibility embraces the advertisement in its entire content and form (including
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THE CODE FOR SELF-REGULATION IN ADVERTISING testimonials and statements or visual presentations originating from other sources). The fact that the content or form, wholly or in part, originates from other sources is not an excuse for nonobservance of this Code. As creators and expert advisors, advertising agencies have full responsibility to ensure the observance of this Code in as much as the facts are known to them and to advise their clients in accordance with this Code. This Code applies to advertisements read, heard or viewed in India, directed to Indian consumers even if they originate or are published abroad.

THE CODE AND THE LAW

The Code's rules are not the only ones to affect advertising. There are many provisions, both in the common law and in the statutes, 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 usurp or replace them.

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THE CODE FOR SELF-REGULATION IN ADVERTISING 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 of 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. ~ an advertiser is anybody, including an individual or partnership or corporate body or association, on whose brief the advertisement in designed and on whose account the advertisement is released.

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THE CODE FOR SELF-REGULATION IN ADVERTISING ~ an advertising agency includes all individuals, partnerships, corporate bodies or associations, who or which work for planning, research, creation or placement of advertisements or the creation of material for advertisements for advertisers or for other advertising agencies. ~ media owners include individuals in effective control of the management of media or their agents; media are any means used for the propagation of advertisements and include press, cinema, radio, television, hoarding, hand bills, direct mail, posters, internet, etc. ~ minors are defined as persons who are below the age of 18 years. ~ any written or graphic matter on packaging, whether unitary or bulk, or contained in it, is subject to this Code in the same manner as any advertisement in any other medium. ~ to publish is to carry the advertisement in any media

whether it be by printing, exhibiting, broadcasting, displaying, distributing, etc.

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STANDARDS OF CONDUCT
Advertising is an important and legitimate means for the seller to awaken interest in his products. The success of advertising depends on public confidence. Hence no practice should be permitted which tends to impair this confidence. The standards that are stated in the next few chapters should be taken as minimum standards of acceptability, which would be liable to be reviewed from time to time in relation to the prevailing norm of consumers' susceptibilities.

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CHAPTER - I OF ASCIs CODES

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. Advertisers and advertising agencies are required to produce such substantiation as and when called upon to do so by The Advertising Standards Council of India. 2. Where advertising claims are expressly stated to be based on or supported by independent research or assessment, the source and date of this should be indicated in the advertisement. 3. Advertisements shall not, without permission from the person, firm or institution under reference, contain any reference to such person, firm or institution which confers an unjustified advantage on the product advertised or tends to bring the person, firm or institution into ridicule or disrepute.
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THE CODE FOR SELF-REGULATION IN ADVERTISING If any when required to do so by the Advertising Standards Council of India, the advertiser and advertising agency shall produce explicit permission from the person, firm or institution to which reference is made in the advertisement. 4. Advertisements shall neither distort facts nor mislead the consumer by means of implications or omissions. Advertisements shall not contain statements or visual presentation which directly or by implication or by omission or by ambiguity or by exaggeration are likely to mislead the consumer about the product advertised or the advertiser or about any other product or advertiser. 5. Advertisements shall not be so framed as to abuse the trust of consumers or exploit their lack of experience or knowledge. No advertisement shall be permitted to contain any claim so exaggerated as to lead to grave or widespread disappointment in the minds of consumers. For example: (a)Products shall not be described as 'free' where there is any direct cost to the consumer other than the actual cost of any
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THE CODE FOR SELF-REGULATION IN ADVERTISING delivery, freight, or postage. Where such costs are payable by the consumer, a clear statement that this is the case shall be made in the advertisement. (b) Where a claim is made that if one product is purchased

another product will be provided 'free', the advertiser is required to show, as and when called upon by The Advertising Standards Council of India, that the price paid by the consumer for the product which is offered for purchase with the advertised incentive is no more than the prevalent price of the product without the advertised incentive. (c)Claims which use expressions such as "Up to five years' guarantee" or "Prices from as low as Rs. Y" are not acceptable if there is likelihood of the consumer being misled either as to the extent of the availability or as to the applicability of the benefits offered. (d) Special care and restraint has to be exercised in addressed to those suffering from

advertisements

weakness, any real or perceived inadequacy of any physical attributes such as height or bust development, obesity,
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THE CODE FOR SELF-REGULATION IN ADVERTISING illness, impotence, infertility, baldness and the like, to ensure that claims or representations directly or by implication, do not exceed what is considered prudent by generally accepted standards of medical practice and the actual efficacy of the product. (e)Advertisements inviting the public to invest money shall not contain statements which may mislead the consumer in respect of the security offered, rates of return or terms of amortisation; where any of the foregoing elements are contingent upon the continuance of or change in existing conditions, or any other assumptions, such conditions or assumptions must be clearly indicated in the advertisement. (f) Advertisements inviting the public to take part in lotteries or prize competitions permitted under law or which hold out the prospect of gifts shall state clearly all material conditions as to enable the consumer to obtain a true and fair view of their prospects in such activity. Further, such advertisers shall make adequate provisions for the judging of such competitions, announcement of the results and the fair distribution of prizes or gifts according to the advertised terms and conditions within a
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THE CODE FOR SELF-REGULATION IN ADVERTISING reasonable period of time. With regard to the announcement of results, it is clarified that the advertiser's responsibility under this section of the Code is discharged adequately if the advertiser publicizes the main results in the media used to announce the competition as far as is practicable, and advises the individual winners by post.

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. In judging such issues, due regard shall be given to the following:
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(a) Whether the claim or promise is capable of fulfilment by a typical specimen of the product advertised. (b) Whether the proportion of product failures is within generally acceptable limits. (c) Whether the advertiser has taken prompt action to make good the deficiency to the consumer.

CASES THAT WERE UPHELD BY THE CONSUMER COMPLAINTS COUNCIL UNDER CHAPTER I FROM APRIL 2000 TO JUNE 2001 CASE 1:

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Brand: Spirulina Pacifica Company: Herbicure Pvt. Ltd. Advertising Agency: Mileage Advertising
Medium: Print

This advertisement appeared in The Times of India dated April 25, 2001. The advertisement glorifies active and
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THE CODE FOR SELF-REGULATION IN ADVERTISING passive smoking, both of which are fatal. This is augmented by the slogan, pollution you love. This sends wrong signals so as to be accepted by the readers that smoking does not harm, if Spirulina Pacifica is taken regularly. Also, the claims in the advertisement Spirulina Pacifica is proven to have more antioxidant properties than most other Spirulina strains, Only two tablets a day restore your natural power to ward off diseases, keeping you healthy and strong, It also reduces premenstrual syndrome, Reduces risk of cancer, checks cholesterol &blood sugar, even helps prevent heart diseases - these require to be substantiated. Hence this advertisement was upheld under Chapter I.1 since the claims were not substantiated adequately. The advertisement was discontinued since then.

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THE CODE FOR SELF-REGULATION IN ADVERTISING

CASE 2: Brand: Surf Excel Liquid Detergent Company: Hindustan Lever Ltd. Advertising Agency: Lowe Lintas & Partners Medium: TV Commercial This advertisement appeared on the product pack and on Zee TV, Sony TV, and Star Plus. The following claims of Surf Excel are misleading and untrue:

In TVCs: (in Hindi) Naya Surf Excel liquid

daag mitane ki shakti powderon ke mukable dugna, (as translated in English) New Surf Excel Liquid with stain removing power which is twice as much as in detergent powders. On the product pack label: It gives you far better results than any detergent powder.
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THE CODE FOR SELF-REGULATION IN ADVERTISING The advertiser does not specify, compared to which detergent powder they are twice as effective, it is reasonable to infer that they claim to be twice as effective as any detergent powder commonly available in the Indian market. Technical tests conducted by the Bombay Textile Research Association (BTRA), an independent organisation, clearly indicates that Ariel Power Compact delivers significantly better stain removal performance on most of the commonly encountered stains like clay, betel-nut (paan), and body soil stains, and showed parity performance on stains like spinach, paint, turmeric vs. Surf Excel Liquid. Hence this advertisement was upheld under Chapter I.1 since the claims were not substantiated by advertisers test report or in their supporting technical information. The advertisement was discontinued since then.

CASE 3:

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THE CODE FOR SELF-REGULATION IN ADVERTISING Brand: Philips Matchline TV Company: Philips (I) Ltd. Advertising Agency: Euro RSCG Advtg Medium: Print This advertisement appeared in The Times of India. The headline in this advertisement proclaims Philips to be the No. 1 TV, whereas the ad is referring to a particular model only. Moreover there is no proper substantiation of the No. 1 status. The ad gives a reference to the AV Max magazine; but the comparison done by the magazine is based on certain parameters and does not rate any product as No.1. The ad shows a particular model but mentions two different model numbers next to the product shot. The ad just highlights a single feature (picture quality) which is rated marginally higher but not the features, which are rated, lower than the competitors. In terms of overall rating, not only the Philips 100-hertz model is rated four and half stars but also the Samsung model. However, this is not being mentioned in the ad. Hence this advertisement was upheld under Chapter I.4 since the claims were not supported by any reference in the report published in AV Max magazine or by any other valid
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THE CODE FOR SELF-REGULATION IN ADVERTISING data. The ad was misleading by ambiguity. The advertisement was modified.

CASE 4: Brand: Novartis Company: Novartis India Ltd. Advertising Agency: Rediffusion DY&R Medium: Print This advertisement appeared in The Times of India. The ad used a photograph of US President Bill Clinton, AP Chief Minister Chandrababu Naidu, and a quote by Mr. Clinton. The photo caption reads, US President Bill Clinton administers the last dose eradicating the infliction of TB. The copy states, At Novartis, we are working towards eradicating illnesses and creating a world full of wonders, a world free of disease. By developing drugs that enhance the quality of life.
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THE CODE FOR SELF-REGULATION IN ADVERTISING So it makes us proud to say that the tuberculosis treatment dose that US President Bill Clinton administered to two children at Hyderabad (A.P.) on March 24, world TB day, was manufactured and marketed by Novartis. A small step towards creating a better world, - Novartis New skills in the science of life. This ad is misleading and unfair for the following reasons: - The ad creates an impression that, Novartis, is the sole manufacturer of Anti-TB medicines; while the reality is that there are at least 31 major Indian companies and four other MNCs manufacturing the anti-TB products for decades with utmost precision, most selling them at lower cost, than Novartis. - The Ad creates an impression that TB is eradicated and that the two children were the last to take the last dose at the hands of Mr. Clinton; while the reality is that India tops the world in TB cases and TB is still on the rise. It also misleads as implying Mr. Clintons endorsement of the product. - In Directly Observed Treatment Short-course, the anti-TB treatment is directly provided by the healthcare worker who is specially trained; while Mr. Clinton is neither a professional doctor nor a trained healthcare worker.
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THE CODE FOR SELF-REGULATION IN ADVERTISING - Did Novartis obtain express permission/ consent of Mr. Clinton and Mr. Naidu for publishing this picture, for its goal of commercially exploiting the social event in Hyderabad? Hence this advertisement was upheld under Chapter I.1 and I.4 since the claims were misleading by implication. The advertisement was discontinued.

CASE 5: Brand: Sunsilk Shampoo Company: Hindustan Lever Ltd. Advertising Agency: Hindustan Thompson Associates Medium: TV Commercial The advertisement appeared on DD5. The commercial states that Sunsilk is made up of natural products. It means only natural products are used so people dont have to worry about any chemicals. But the label of the product says that the shampoo is detergent based. Facts

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THE CODE FOR SELF-REGULATION IN ADVERTISING state that natural proteins and vitamins cannot survive with a detergent solution. The ad clearly misleads the consumer to believe that it is made up of natural products by a visual effect, which shows something being taken from the flower, using a syringe. Hence this advertisement was upheld under Chapter I.1 and I.4 since the claims were false and misleading. The claim made in the TVC was modified.

CASE 6: Brand: Pepsodent Toothpaste Company: Hindustan Lever Ltd. Advertising Agency: Ammirati Puris Lintas Medium: Print

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THE CODE FOR SELF-REGULATION IN ADVERTISING The advertisement appeared in the Sunday Times Of India. The ad states Q) What do you call 1000 Pepsodent kids with tooth aches? A) Liars. The problem in this case is the word Liars. No Child is ready to accept that he is a liar even if he is lying. It is wrong to call any child a liar and more so if he is using any toothpaste. There is no toothpaste in the world that guarantees against cavities, and that can prevent a toothache. Hence the ad is false and misleading. Hence this advertisement was upheld under Chapter I.1 and I.4 since the claims were false and misleading. The campaign is not on air.

CHAPTER - II OF ASCIs CODES

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.

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THE CODE FOR SELF-REGULATION IN ADVERTISING CASES THAT WERE UPHELD BY THE CONSUMER COMPLAINTS COUNCIL UNDER CHAPTER II FROM APRIL 2000 TO JUNE 2001
CASE 1: Brand: Samsung Instachill Air Conditioner Company: Samsung India Electronics Ltd. Advertising Agency: Triton Communications Medium: TVC

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This advertisement appeared on Sony Max channel in March 2000. The advertisement shows a boy stripping in front of a group of girls. The ad was being aired during the cricket matches. Cricket is watched by the whole family especially teenaged boys. An Ad with such blatant vulgarity was being aired throughout the match. Hence this advertisement was upheld under Chapter II since the ad was likely to cause wide spread offence. The advertisement was discontinued since then.

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CASE 2: Brand: Ibaya The Complete Shopping Experience Company: Indishop Pvt. Ltd. Advertising Agency: Lowe Lintas & Partners

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THE CODE FOR SELF-REGULATION IN ADVERTISING Medium: Print

This advertisement appeared in The Times of India. The advertisement

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THE CODE FOR SELF-REGULATION IN ADVERTISING which has been, published has nothing to do with the subject matter of the advertisement. The picture is of a very low grade and cheap nature. The advertisement (headline) states, "Think This Is Cheap?". The reference to, "Alphonso mangoes at Rs.30/-" is suggestive and not in good taste. Hence this advertisement was upheld under Chapter II as the headline Think This is Cheap?, linked with the visual depiction, and the copy, looking for the best products at lowest prices?, was considered suggestive and an affront to women, which is likely to cause grave or widespread offence. The advertisement was withdrawn.

CASE 3:

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THE CODE FOR SELF-REGULATION IN ADVERTISING Brand: MTV Cut the crap! Lets talk Farts & Figures Company: MTV India Pvt. Ltd. Advertising Agency: Medium: Print This advertisement appeared in The Economic Times. The advertisement is vulgar and offensive. The words "shit", "fart", and "crap", are not acceptable in the lexicon of the vocabulary by the Indian society. It is probably considered very liberal, cool, and modem, by some people, to accept this in the belief that, humour", but it is not. Hence this advertisement was upheld under Chapter II as the advertisement was considered to be offensive to generally prevailing standards of public decency and likely to cause grave or widespread offence. The advertisement was released only once in selected publications. No repeat insertions. "Oh, but it's all in good

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THE CODE FOR SELF-REGULATION IN ADVERTISING CASE 4: Brand: Exciter Inner Wear Company: Body Care International Ltd. Advertising Agency: Graphisads Pvt. Ltd. Medium: Print This advertisement appeared in The Hindustan Times. The advertisements are most vulgar, derogatory to the women folk and against the Indian culture and society. The way the man has been shown wearing the underwear is objectionable, and further to it the presence of six hands of women are most objectionable. The advertisements are in very bad taste. Hence this advertisement was upheld under Chapter II as the advertisement was considered to be offensive to generally prevailing standards of public decency and likely to cause grave or widespread offence. The advertiser has assured appropriate modification of the ad.

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CASE 5: Brand: Lawman Casuals Company: Kewal Kiran Enterprises Advertising Agency: Relationship Marketing Group Medium: Print

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This advertisement appeared in The Outlook. The advertisement depicts a young man relieving himself, and the caption says, Pop says water the plants daily. The advertisement is in very bad taste, and is disrespectful of the elders. Hence this advertisement was upheld under Chapter II as the advertisement was considered to be offensive to generally prevailing standards of public decency and likely to cause grave or widespread offence. The advertisement has been withdrawn.

CHAPTER - III OF ASCIs CODES

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:

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THE CODE FOR SELF-REGULATION IN ADVERTISING (a)Tends to incite people to crime or to promote disorder and violence or intolerance. (b) Derides any race, caste, colour, creed or nationality. (c) Presents criminality as desirable or directly or indirectly encourages people ~ particularly minors-to emulate it, or conveys the modus operandi of any crime. (d) Adversely affects friendly relations with a 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. Advertisements: (a)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 inquiry.
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(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.

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THE CODE FOR SELF-REGULATION IN ADVERTISING 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 such restrictions by purporting to be advertisements for other products the advertising of which is not prohibited or restricted by law or by this Code. In judging whether or not any particular advertisement is an indirect advertisement for a product whose Advertising is restricted or prohibited, due attention shall be paid to the following: (a)Whether the unrestricted product which is purportedly sought to be promoted through the advertisement under complaint is produced and distributed in reasonable quantities having regard to the scale of the advertising in question, the media used and the markets targeted. (b) Whether there exist in the advertisement under complaint any direct or indirect clues or cues which could suggest to consumers that it is a direct or indirect advertisement for the product whose Advertising is restricted or prohibited by law or by this Code.
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(c) Where Advertising is necessary, the mere use of a brand name or company name that may also be applied to a product whose Advertising is restricted or prohibited, is not reason to find the advertisement objectionable provided the advertisement is not objectionable in terms of (a) and (b) above.

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CASES THAT WERE UPHELD BY THE CONSUMER COMPLAINTS COUNCIL UNDER CHAPTER III FROM APRIL 2000 TO JUNE 2001
CASE 1: Brand: Happy Christmas. Unhappy Deeds! Company: Jindal Aluminium Ltd. Advertising Agency: Chakra Communications Medium: Print This advertisement appeared in The Indian Express. The advertisement states Happy Christmas. Unhappy Deeds!. The advertisement smacks of communal hatred likely to incite communal disharmony. Hence this advertisement was upheld under Chapter III.1 (a & b) since the ad tends to promote intolerance and derides a particular creed. The media was questioned and the media assured that said advertisement will not be published, in future.

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CASE 2: Brand: Livo Plus Capsules Company: Ajanta Pharma Ltd. Advertising Agency: Solutions Advertising Medium: Print This advertisement appeared in Bombay Times. The advertisement states Protect your liver, without dampening your spirits. The advertisement is totally misleading and unethical, as it clearly suggests that one can continue to take alcohol as long as the liver is protected by such a drug - Livo Plus capsules. This statement has no scientific basis, as no such drugs have been shown to clearly have hepato -protective effects. Also, any encouragement to alcohol consumption is against the interest of public health. Also, the following claims need to be substantiated by the advertiser. A 100% safe ayurvedic formulation made from Livo Plus is 18 times more powerful than any plant extracts in a Unique combination existing liver care product
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Hence this advertisement was upheld under Chapter III.3 and I.1 since the claim (headline) protect your liver, without dampening your spirits, and the visual depiction could induce excess consumption of alcohol. Claims, 100% safe, and 18 times more powerful than any existing liver care product, were not substantiated, and the advertisement encouraged negligence without justifiable reasons. The advertisement was discontinued.

CHAPTER - IV OF ASCIs CODES

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. Advertisements containing comparisons with other manufacturers or suppliers or with other products including those where a competitor is named, are permissible in the interests of vigorous competition and public enlightenment, provided:

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THE CODE FOR SELF-REGULATION IN ADVERTISING (a)It is clear what aspects of the advertiser's product are being compared with what aspects of the competitor's product. (b) The subject matter of comparison is not chosen in such a

way as to confer an artificial advantage upon the advertiser or so as to suggest that a better bargain is offered than is truly the case. (c) The comparisons are factual, accurate and capable of substantiation. (d) There is not likelihood of the consumer being misled as a result of the comparison, whether about the product advertised or that with which it is compared. (e) The advertisement does not unfairly denigrate, attack or discredit other products, advertisers or advertisements directly or by implication. 2. Advertisements shall not make unjustifiable use of the name or initials of any other firm, company or institution, nor lake unfair advantage of the goodwill attached to the trade

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THE CODE FOR SELF-REGULATION IN ADVERTISING 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. 4. As regards matters covered by sections 2 and 3 above, complaints of plagiarism of advertisements released earlier abroad will lie outside the scope of this Code except in the under-mentioned circumstances: (a) The complaint is lodged within 12 months of the first general circulation of the advertisements / campaign complained against. (c)The complainant provides substantiation regarding the claim of prior invention / usage abroad.

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CASES THAT WERE UPHELD BY THE CONSUMER COMPLAINTS COUNCIL UNDER CHAPTER IV FROM APRIL 2000 TO JUNE 2001
CASE 1: Brand: Kores Script Pen Company: Kores (India) Ltd. Advertising Agency: MX Advertising Pvt. Ltd. Medium: TVC This advertisement appeared on Star Plus. The

advertisement is a blatant plagiarism of "Rin Detergent Bar's" Ad in terms of format, copy, visual presentation as well as the use of the brand's mnemonic and property - the lightening flash. It is an obvious violation of ASCl's Code for SelfRegulation in Advertising. Hence this advertisement was upheld under Chapter IV.2 since the ad makes unjustifiable use of the goodwill acquired
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THE CODE FOR SELF-REGULATION IN ADVERTISING by the advertising campaign of another firm. The advertising agency has assured appropriate modification of the TVC. CASE 2: Brand: Iodex Power Cream Company: SmithKline Beecham Pharmaceuticals Ltd. Advertising Medium: TVC This advertisement appeared on Zee TV. The TVC depicts a woman dressed in a saree (purple and white, similar to Moov's brand colours), used to suggest a Moov user. A male voice tries to sell 'lodex Power Cream' to her. Irritated by the man's persistence, the woman says, "Hato, Moov Moov To this, the male voice says, "Woh? Woh nahin madam yeh... The woman is promised a money-back guarantee in case the product fails to provide instant relief, subject to "conditions apply". The advertisement is unethical as it openly names the brand - Moov. As per accepted advertising practice and even otherwise, it is unfair to directly name a competitor in communication. The words used by the woman to drive the
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Agency:

Enterprise

Nexus

Communications

THE CODE FOR SELF-REGULATION IN ADVERTISING man away are clearly indicative of Moov the brand. The

male voiceovers response to the woman's dismissive "Moov Moov... is not to physically move away or refuse to move away, which could be the normal response, but to say, "Woh? Woh nahin madam yeh... ". This is a deliberate and calculated attempt to prejudicially affect and undermine consumer confidence in Moov and tarnish its good reputation and brand equity in the market place. This is absolutely unwarranted, uncalled for, unethical and should be withdrawn immediately. In the medicine business, not even Doctors offer a money-back. without any So how can a mass, over-the-counter brand, prior diagnosis, give a money-back

guarantee? Again, this is misleading and has very likely been used to create false reassurances. In addition, this is a conditional offer (the conditionally hides in fine print in the pack sequence). If it is a conditional offer, then the fact that it is a conditional offer should be clearly communicated, which has not been done. Hence this advertisement was upheld under Chapter IV.1(e) since the Claim voiceover Hato, Moov Moov and Who? Who nahin madam yeh .. followed by the mention of Iodex Power Cream, and the money back offer which was

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THE CODE FOR SELF-REGULATION IN ADVERTISING accepted, were considered to unfairly and directly discredit a competitive product. The advertisement has been withdrawn.

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THE CODE FOR SELF-REGULATION IN ADVERTISING CASE 3: Brand: Godrej All Care Soap Company: Godrej Soaps Ltd. Advertising Agency: Mudra Communications Medium: TVC This advertisement appeared on Sony TV. The advertisement (in Hindi), contains the line, "kitanu per var, twacha se pyar This is very similar to the line used in the advertising of 'Lifebuoy Gold' "kitanu per kare var, twacha se kare pyar This line has been used by Lifebuoy Gold and as such is the key advertising property of the brand Godrej All Care' soap has copied this line of 'Lifebuoy Gold', which is likely to confuse mislead the consumers. Hence this advertisement was upheld under Chapter IV.3 since the ads claim is similar to that of another advertisers earlier run ad. The TVC is withdrawn.

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CASE 4: Brand: Indiatimes.com Company: Times Internet Ltd. Advertising Agency: McCann Erickson Pvt. Ltd.

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Medium: Print

This advertisement appeared in The Times of India and

Economic Times The advertisement has used the name of "Digen Verma". The advertisement depicted a family purported to be "folks of
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THE CODE FOR SELF-REGULATION IN ADVERTISING Digen Verma". The advertisement also stated, "Digen Verma and family are not the registered trademarks of any Company so beware of cheap imitations. This advertisement of indiatimes.com is clearly a contravention of the ASCI Code, and is against the letter and the spirit of Self-Regulation in Advertising. In support of the complaint, Frooti has provided ASCI with proof of first and prior usage in advertisements, of the name "Digen Verma", a character created for the use of Parle Agro Limited and their range of products, confirmed media schedules, instructions for appearance and display on Hoardings, proof of their application for Trade Mark Registration, photographs of their Ads on Hoardings and a VHS tape of their TV Commercials. Hence this advertisement was upheld under Chapter IV.2 since the ad made unjustifiable mention of a character created by another firm, and took unfair advantage of the goodwill attached to the created character of another firm, and the goodwill acquired by its advertising campaign . The ad was a one-time insertion.

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CASE 5: Brand: Paradigms Advanced Education Programs Company: Paradigm Infoways Advertising Agency: Enterprise Nexus Medium: Print This advertisement appeared in The Hindustan Times. The first line of the body copy states that, "Of course, the smart ones who want to be nothing but the best will join Paradigm". Does this mean that anyone who does not join Paradigm does not want to be the best? Or that non-Paradigm indents belong to the 'unsmart' category? The headline also states, Now that the exams are over, Tom is joining NIIT, Dick is joining Aptech, And Harry is joining SSI. The headline deliberately aims to communicate that those students joining NIIT, Aptech or SSI fall into the Tom, Dick, Harry' category. themselves. This is intended to mislead students and create misgivings in their minds. This phrase has a derogatory annotation and implies that NIIT students have not made a mark/name for

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THE CODE FOR SELF-REGULATION IN ADVERTISING The word 'best' has also been used thrice and rather loosely at that. industry'? Even the claim of providing the 'most comprehensive education there is' is unsubstantiated. Hence this advertisement was upheld under Chapter IV.1(e) since the ad unfairly denigrated other advertisers directly. The ad was discontinued. On what basis is the advertiser claiming that its faculty 'employs the best teaching aids and skills in the

PROCEDURE FOR PROCESSING A COMPLAINT AGAINST AN AD, FOR CONTRAVENTION OF ASCI CODE
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1. On receipt of a complaint (should be complete with relevant particulars including clipping or Ad/promotion material copy of print the provided by complainant),

Secretariat will acknowledge the complaint and request the advertiser / agency to provide comments / response in respect of the complaint. Secretariat will send out these two letters within 5 working days of receipt of the complaint. ASCI's letter to the advertiser will carry an annexure, which contains verbatim the entire complaint of the complainant (with annexures/attachments), but care will be taken to see that the identity of the complainant is not revealed. In case, 'if the attachments include laboratory test reports, the identity of the laboratory or the source of authentication will be concealed. Complainants, who are advertisers themselves, are required to provide an additional copy of the complaint and annexures/attachments, if any, on plain paper so that the additional set may be forwarded to the advertiser for their comments.

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THE CODE FOR SELF-REGULATION IN ADVERTISING 2. ASCI will give the advertiser 2 weeks for response, from date of receipt of ASCI letter. ASCl Secretariat will allow 3 days for receipt of letter by the advertiser. 3. In the first instance, if the complaint appears extremely frivolous and there seems to be no basis for the complaint, then the Secretary General will not send out a letter to the advertiser but will refer the complaint to the Vice-Chairman. If the Vice-Chairman also feels that the complaint is baseless, then the complaint will be put up at the next CCC meeting without comments from the advertiser. The CCC will direct further action. 4. Complaint with all supporting information provided by the complainant and the advertiser / agency complained against, will be placed on the agenda of the next CCC meeting (usually held in the 4 week of each month). 5. If the matter is technical, the CCC may decide to refer the complaint to an expert, if available, chosen from a list of experts nominated by the Board as experts in certain areas like soaps and detergents, drugs, lubricant-s, white goods, etc.

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THE CODE FOR SELF-REGULATION IN ADVERTISING 6. Once the CCC has taken a decision on the complaint, (which will be recorded in the minutes of the CCC meeting), the party complained against will be informed of the CCC decision, within 5 working days. simultaneously. 7. If the complaint is upheld, then the advertiser alone will If the complaint is not upheld, the complainant and the advertiser will be informed

be informed of the CCC decision within 5 working days. The advertiser will be given 2 weeks to assure time bound compliance with the CCC decision. On receipt of this assurance the complainant will also be informed of the CCC decision. 8. If a positive response is not received or compliance is not assured by the advertiser, within 2 weeks as above, a letter from the Vice-Chairman, ASCl, will be dispatched to the advertiser requesting their commitment within 2 weeks, to the withdrawal of the offending Ad or its appropriate modification so as to avoid contravening the ASCl Code. Simultaneously the concerned agency and the concerned media vehicle will be advised that the Ad contravenes the

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THE CODE FOR SELF-REGULATION IN ADVERTISING Code. The Secretariat will then advise the complainant of the CCC decision. 9. If such positive assurance from the advertiser, is still not received, the offending Ad will be included in the ASCI Chairman's Media Release (on ac All India basis), which will be issued once in every 3 months, along with the Quarterly Compilation Report of CCC decisions. This Report will be circulated to all ASCI members, concerned Associations of Practitioners in Advertising, and select Media all over the country. (Members of ASCI are obliged to comply with the CCC decisions on complaints, since the Memorandum & Articles of Association stipulate the observance of the ASCI Code, by all members). 10. Peer Group influence will be extended through respective Associations of Practitioners in Advertising (AAAI, IAA India Chapter, ISA, INS, RAPA, etc), who will be sent requests from the Chairman, ASCI, to influence their own constituents responsible for such offending Ads, to refrain from indulging in Ads which lack credibility and erode consumer confidence in advertised goods and services. Copies

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THE CODE FOR SELF-REGULATION IN ADVERTISING of such communications will be sent to the concerned agency 'and media vehicle. 11. The CCC Procedure provides for a Review of a CCC decision if all of the following conditions are satisfied: A written application for & Review is made within 2 weeks of receipt of a CCC decision. The application is accompanied by a payment ofRs.l0,000/- as Review fee. The advertiser is in a position to provide additional pertinent information/material not submitted earlier, to ASCI. The advertiser has confirmed suspension of the offending Ad, pending review. The advertiser has given an undertaking in the review application, that he will accept and comply with the review decision. 12. Complaints of a same or similar nature, on the same or similar Ads, on which CCC decisions have been notified,
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THE CODE FOR SELF-REGULATION IN ADVERTISING will generally not be taken up for renewed deliberation by the CCC. 13. The Procedure will ensure that the name/identity of the complainant is not disclosed/revealed to anybody, except at the CCC meetings, which are attended only by the CCC members who are themselves nominated by the ASCI Board for agreed period (generally 2 years). However, the text of the complaint along with all annexures will be sent to the party complained against. 14. The CCC meeting protocols do not provide for personal meeting. 15. The ASCI and the CCC are not Clearing Houses or Voluntary Censor bodies, and hence Ads are not cleared or approved. The ASCI Code is well publicized and made available promptly on request. It is recognized by almost all Practitioners in Advertising as the universally relevant/applicable Code for Self-Regulation in respect of Ads in India. It is broad based to cover the entire gamut of Media
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representation

by complainant/advertiser/agency

in respect of complaints being deliberated upon at the CCC

THE CODE FOR SELF-REGULATION IN ADVERTISING vehicles - Print, AV, 0utdoor Promotion/Merchandising vehicles and even packaging as a vehicle of promotion. Modifications in Ads, even though carried out in response to CCC decisions as advised are not cleared or approved by the CCC/ASCI. It is implicit that such modifications are in observance of the ASCI Code and have been motivated by the spirit of the Code, not just the letter itself. Such modified Ads will therefore again be subject to the forces/conventions in the market place and to the perceptions of the consuming publics. 16, A CCC member who is "interested in the complaint", being an advertiser or an agency associated with the advertiser, as the complainant or the party complained against, will not participate in the CCC proceedings and will not be present when the complaint being discussed. Such interested members will also not be sent papers relevant to the complaint.

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CHAPTER IV - COMPARITIVE STUDY OF SELF-REGULATORY CODES IN ADVERTISING IN 5 COUNTRIES

CODES RELATING TO INDI UNITED A KINGDO M

IRELA UNITED AUSTRAL ND STATES OF AMERI CA 4 4 6 4 4 6 6 6 6 4 4 4

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IA

Substantiation Legality Decency Honesty Truthfulness Fear & Distress Safety Violence & Anti social Behavior Protection of Privacy Testimonials & Endorsements Prices Free Offers
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4 4 4 4 4 6 4 4 6 4 6 4

4 4 4 4 4 4 4 4 4 4 4 4

4 4 4 4 4 4 4 4 4 4 4 4

6 4 4 4 4 6 4 4 6 6 6 6

THE CODE FOR SELF-REGULATION IN ADVERTISING Availability of Products Guarantees Comparisons Denigration Exploitation of Goodwill Imitation Identifying advertisers 6 4 4 4 4 4 6 4 4 4 4 4 4 4 4 4 4 4 4 4 4 6 4 6 6 6 6 6 6 6 6 6 4 6 6

4 - This sign denotes the presence of the particular point in the code 6 - This sign denotes the absence of the particular point in the code Substantiation: All claims made in the advertisements need to be substantiated by appropriate evidence, if the self-regulatory body asks evidence. Substantiation has been specifically mentioned as a code, in the codes of India, UK, Ireland and USA. Whereas the codes of Australia doesnt mention it. The codes in Australia state that advertising should be truthful honest and should not mislead or be deceptive. But however they do not state the need of substantiating your claims with required evidence. Legality:
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THE CODE FOR SELF-REGULATION IN ADVERTISING An advertisement should not contain anything that breaks the law or incites anyone to break it, nor omit anything that the law requires. The legality of the advertisement is important according to all countries and hence all the codes specifically mention the complementary relationship between the code and the law. Decency Advertisements should contain nothing that is likely to cause serious or widespread offence. Particular care should be taken to avoid causing offence on the grounds of race, religion, sex, sexual orientation or disability. All countries except USA, mention Decency as a part of their code. In Australia the codes state that advertisements should treat sex, sexuality and nudity with sensitivity to the relevant audience and, where appropriate, the relevant time zone. Honesty Advertisers should not exploit the credulity, lack of knowledge or inexperience of consumers. All countries mention Honesty as a part of their code.
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THE CODE FOR SELF-REGULATION IN ADVERTISING Truthfulness No advertisement should mislead by inaccuracy, ambiguity, exaggeration, omission or otherwise. All countries mention Truthfulness as a part of their code. Fear and distress No advertisement should cause fear or distress. Advertisers should not use shocking claims or images merely to attract attention. UK and Ireland mention Fear and distress as a part of their code. Safety Advertisements should not show or encourage unsafe practices except in the context of promoting safety. Particular care should be taken with advertisements addressed to or depicting children and young people. All countries except USA, mention Safety as a part of their code. Violence and anti-social behaviour

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THE CODE FOR SELF-REGULATION IN ADVERTISING Advertisements should contain nothing that condones or is likely to provoke violence or anti-social behaviour. All countries except USA, mention Violence as a part of their code. Protection of privacy Advertisers should not unfairly portray or refer to people in an adverse or offensive way. Advertisers are urged to obtain written permission before: a referring to or portraying members of the public or their identifiable possessions. UK and Ireland mention Protection of privacy as a part of their code. Testimonials and endorsements Advertisers should hold signed and dated proof, including a contact address, for any testimonial they use. All countries except Australia, mention Testimonials and endorsements as a part of their codes. In the Indian codes it is not mentioned directly as a chapter but it states responsibility embraces the advertisement in its entire content and form (including testimonials and statements or visual presentations originating from other sources)
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Prices Any stated price should be clear and should relate to the product advertised. Advertisers should ensure that price match the products illustrated. UK, Ireland and USA mention Prices as a part of their codes. Free offers There is no objection to making a free offer conditional on the purchase of other items. Consumers liability for any costs should be made clear in all material featuring the offer. All countries except Australia, mention Free offers as a part of their code. Availability of products Advertisers must make it clear if stocks are limited. Products must not be advertised unless advertisers can demonstrate that they have reasonable grounds for believing that they can satisfy demand.

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THE CODE FOR SELF-REGULATION IN ADVERTISING UK and Ireland mention Availability of products as a part of their code.

Guarantees The word guarantee should not be used in a way that could cause confusion about consumers legal rights. All countries except Australia, mention Guarantees as a part of their code. Comparisons Comparisons can be explicit or implied and can relate to advertisers own products or to those of their competitors; they are permitted in the interests of vigorous competition and public information. All countries except Australia, mention Comparisons as a part of their code. Denigration Advertisers should not unfairly attack or discredit other businesses or their products. UK Ireland and India mention Denigration as a part of their code.
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Exploitation of goodwill Advertisers should not make unfair use of the goodwill attached to the trade mark, name, brand, or the advertising campaign of any other organisation . All countries except USA, mention Exploitation as a part of their code. Imitation No advertisement should so closely resemble any other that it misleads or causes confusion. All countries except Australia, mention Imitation as a part of their code. Identifying advertisers and recognising advertisements Advertisers, publishers and owners of other media should ensure that advertisements are designed and presented in such a way that it is clear that they are advertisements. UK and Ireland mention Identifying advertisers and recognising advertisements as a part of their code. The codes of UK and Ireland are the same except for the sections. UK has got the most comprehensive code and covers nearly every thing relating ethics in advertising. The codes of
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THE CODE FOR SELF-REGULATION IN ADVERTISING UK are over 65 years old and the codes of most countries including India are inspired by these codes. But the codes of USA stress more on Price and how things should be presented e.g. Asterisk etc. it mainly stresses on honesty and truthfulness and goes in details stating how to be honest. However Australias codes is just a one page code and misses out on a lot of factors.

CHAPTER V SUBLIMINAL ADVERTISING A VIOLATION OF ETHICS

Ever since advertising existed the debate regarding ethics existed. Within ethics the most debatable topic is subliminal advertising. The Advertising industry prides itself on its ability to attract attention to itself and the products it represents. Its principal purpose, of course, is to sell things for its clients. But, strangely, it hasnt been able to shake the murky legend that its burying a lot of disagreeable things, mostly of a
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THE CODE FOR SELF-REGULATION IN ADVERTISING sexual nature, in its advertising campaigns. The advertising business has ridiculed this practice, better known as subliminal advertising, for decades. Nevertheless, at least three-fourths of the general adult American population believe that subliminal advertising is purposely created and used to sell products. Subliminals is also a part of the codes of self regulation of many European countries. We all know that the human mind is made up of the conscious, subconscious and the unconscious. Explained very simply, the subconscious acts as a recorder, recording all information that comes through our senses, without actually sifting and choosing, or separating the right from wrong. Often advertising is intentionally targeted to this subconscious mind through stimuli to weak to be consciously seen or heard by the conscious mind. It the invades the human subconsciousness altering our taste, moods, behavioral patterns, morality . Changing our entire identity. This advertising is called subliminal advertising. The word "subliminal" comes from the fusion of two Latin words: "sub" and "limen." "Sub" meaning "lower than," "beneath," or "under", and "limen" meaning "threshold". Thus, subliminal advertising is advertising beneath the threshold of conscious perception. We cannot see it, hear it, or
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THE CODE FOR SELF-REGULATION IN ADVERTISING perceive it in any fashion. Thus, it is believed that one can influence behavior by secretly appealing to the subconscious mind with words, images, or sounds. If this were true, then advertisers could manipulate consumer behavior by hiding subliminal messages in their ads. Subliminal communication can be visual or audio: i) Visually it could be words or pictures flashed across so quickly in a film or ad film that we dont consciously remember what we have seen, or at least think we dont. For e.g. when we watch a film we see movement in real time(i.e. as it happens in real life) when 25 frames go past in a single second. In 1956 James Vicary created a device that would flash the message Hungry? Eat Popcorn and Thirsty? Drink Coca Cola once after every 125 frames, which is once every 5 seconds during the film. In this theatre in New Jersey where this device was used for a period of 6 weeks the sales of popcorn went up by 57.5 % and that of coke by 18%. Although people thought they dint see anything it did affect their behavior.

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ii)

It could also be pictures, words or symbols placed within something so that we dont consciously remember them. For example each of these sentences has the name of a country hidden within, which in a single reading and without any clue, people wouldnt really detect: Fighting against the strong wind I advanced. Interpol and FBI have now began working together. There is no catch in any of these sentences.

iii)

It could be words masked by electronic tricks in a manner that we dont consciously hear them, or at least we think we dont. for example, a medical electronic researcher from Louisiana created a device called a Little Black Box which played a cassette on an endless loop. This machine was also capable of broadcasting two messages simultaneously such that one would be clearly audible, while the other would be at a much lower decibel that it is perceivable only subliminally. It was used in 37 US Departmental stores to communicate a message of honesty, where the losses incurred from shoplifting were on the rise. The message Be Honest do not steal, I am

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THE CODE FOR SELF-REGULATION IN ADVERTISING honest I will not steal were repeated 9000 times each day at a lower decibel, audible to the subconscious. This system saved one company more than 6,00,000$ by reducing its thefts losses by 37% over just a 9 month period. A significant percentage (75 to 80 percent) of the U.S. population believes that advertising agencies and the companies they represent purposely use subliminal advertising. That is, despite industry claims to the contrary, most people believe that advertisers engage in the practice of embedding images, words, or sounds in print, audio, or video advertising media, so that they are not consciously seen or heard, to help sell their products. These same consumers also believe that subliminal advertising actually "works. In fact, consumers spend about 50 million dollars a year on subliminal self-help products. Subliminal advertising first came to the publics attention in 1957, when Jim Vicary conducted a subliminal advertising strategy i.e. "drink Coca-Cola" and "eat popcorn" messages. This study was the focus of much public attention. Consumers were concerned that advertisers could now "trick" them into buying products with out their knowledge and/or

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THE CODE FOR SELF-REGULATION IN ADVERTISING conscious opposition since the advertising was being conducted at a "subconscious" Belief in subliminal messaging reached a surreal apex in 1980 with the publication of The Clam-Plate Orgy and Other Subliminals the Media use to Manipulate Your Behavior by Dr. Wilson Bryan Key. Key claimed that advertisers were using subliminal messaging of a very serious sexual nature in order to manipulate behavior. In a chapter titled "Sex is Alive and Embedded in Practically Everything", Key says, "Sex is the most frequently embedded word in the American advertising industry". He claims the one-word cue for lust is hidden in everything from liquor ads to Ritz crackers, the holes of which he says are arranged during baking to form several depictions of the letters S, E, X. "Words such as fuck, cunt, ass, whore, prick, and death are also used frequently as subliminal triggers to motivate purchasing behaviors", Key explains. The book also announced more subliminal sex findings. Key claims that while carefully examining a Howard Johnsons menu, he saw that a plate of clams pictured on the menu was actually the portrayal of a sexual orgy, which included various people and a donkey. Key suggested that this is only the tip of the iceberg of a subliminal conspiracy of
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THE CODE FOR SELF-REGULATION IN ADVERTISING major proportions. Subliminal stimuli "have been regularly used in North American media for over twenty-five years without anyone getting wise to what was going on," he wrote. Commenting on the $20 billion then spent annually on advertising, he claimed that "an enormous proportion of this expenditure today is devoted to the research, development, and application of subliminal stimuli with strong sales or manipulative potentialities". However critics say it is not possible to advertise to the subconscious mind. So there are two categories of people i.e. people who think subliminals exist and people who think it doesnt exist. But if subliminals does exist and is used by advertisers, it is a threat to consumers, who would not have control over their buying habits which is a violation of basic principles of Advertising. Ethics is very subjective topic, what is ethical for one person may not be ethical for another. The same subjectivity also applies to countries. Factors like culture taste habits etc influences our perception of ethics. Ethics in advertising is very important in order to protect the consumers. In order to safeguard this ethics in advertising through out the world self regulation is followed. In India as

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THE CODE FOR SELF-REGULATION IN ADVERTISING we have seen the self-regulation authority is Advertising Standards Council of India (ASCI). Self regulation bodies complement the legal framework of the country. Unlike the censor board the self regulation body cannot first see the ad and then give it clearance to be aired. In fact the self regulation body cannot take any concrete action against the violators of the code, but the self regulation bodies ask the media to stop airing the advertisement. In India some of the members of ASCI are from the media. When any ad is upheld by ASCI, ASCI informs the advertiser as well as the media and the media stops the ad from being aired. In India when an ad is upheld, 80% of the advertisers clarify their claims or withdraw their advertisements. ASCI as an organisation is very reactive i.e. only if there is a complaint action will be taken. When there is a complaint against a certain ad the company is informed and the company makes presentations to the general secretary of ASCI and then he decides whether the ad is upheld or not. I have studied cases upheld by ASCI in the last 15 months and I have found out that most of the complaints were intra industry complaints and very few were actually complaints by consumers.
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THE CODE FOR SELF-REGULATION IN ADVERTISING

The reason behind this could be: the typical Indian mentality There are other people who should complaint or If I dont like something I shouldnt watch it. or people arent aware that there is an organisation they can report to in case they find an ad offensive. ASCI is now working on the fact that people need to be informed. And ASCI has started advertising both in print and on TV. This should make advertising more safe. More over the awareness should increase, telling people what are the various aspects that constitute ethics in India. People think ethics in advertising is all about having decent ads. In India most advertisers follow this; it can be seen from the fact that there have been only 5 ads upheld under chapter 2 which deals with decency in content of ad in the last 15 months. The only ad that made a great deal of news in terms of decency is the very famous TUFFS, its still a question to me whether they purposefully did the ad for publicity i.e. they will make news after they are caught any way it worked for them. I guess thats the worst weve had where as abroad there are companies like candies shoes, opium perfume
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THE CODE FOR SELF-REGULATION IN ADVERTISING actually have nudity in their ads and fcuk which is pronounced as fuck got away as they justified their name as french connection united kingdom. We are doing extremely well on these fronts with advertisers understanding the Indian culture. United Kingdom is the oldest in terms of self-regulation and most of the self regulation codes are inspired by their codes. In my comparison of the codes we have seen the codes of ASCI are very comprehensive. Only we should improve our implementation. ASCI should try and be more proactive and first scan the ads and then give the advertiser the rights to air the ad. Any way we have got a lot of ethics in advertising as compared to a lot of countries in the world, where people actually talk of advertising to the subconscious and no code of decency. As I watched the ads that were said to be the best ads in the world that is ads from Cannes there were ads that were very disturbing there was an airline ad which should very disturbing picture of killings rape etc. and had a head blocking some part of the screen and it said if you were flying on that airline you wouldnt miss anything because of a head of the person sitting ahead of you as you had your own TV on the

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THE CODE FOR SELF-REGULATION IN ADVERTISING seat ahead. Looking at these my conclusion would be Self regulation in India is working really well.

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