Main Project

Ethics 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,

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. It’s

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 – I’m 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

soft…. ‘Kurlon’ mattress he had recently purchased thanks to the special Diwali

offer). That was Media and Advertising’s influence for you.

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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.

2. 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 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.

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4. 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.

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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.

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

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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 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 consumer-oriented, an advertisement will have to be truthful and ethical. It

should not mislead the consumers. If it so happens and word does get out, the

credibility is lost and the communication becomes ineffective rather futile.

Advertisements truth should be viewed from the consumer’s 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

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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.

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. ASCI’s 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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ASCl ’ s 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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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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DECLARATION OF FUNDAMENTAL PRINCIPLES

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 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.

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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 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 non-observance 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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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.

~ 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.

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~ 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.

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 ASCI ’ s 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. 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

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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 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 advertisements addressed to

those suffering from weakness, any real or perceived inadequacy of any

physical attributes such as height or bust development, obesity, 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

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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 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:

(a) Whether the claim or promise is capable of fulfilment by a typical specimen of

the product advertised.

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(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.

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CASES THAT WERE UPHELD BY THE CONSUMER

COMPLAINTS COUNCIL

UNDER CHAPTER I FROM

APRIL 2000 TO JUNE 2001

CASE 1:

Brand: Spirulina Pacifica

Company: Herbicure Pvt. Ltd.

Advertising Agency: Mileage Advertising

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Medium: Print

This advertisement appeared in The Times of India dated April 25, 2001.

The advertisement glorifies active and 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”,

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“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.

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

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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”.

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.


not substantiated by advertisers test report or in their supporting technical

information. The advertisement was discontinued since then.

CASE 3:

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

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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.


not supported by any reference in the report published in AV Max magazine or by

any other valid 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”.

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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. 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. Clinton’s 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.

- 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.

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CASE 5:

Brand: Sunsilk Shampoo


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 don’t have to worry about any chemicals.

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But the label of the product says that the shampoo is “detergent based”. Facts 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.


were false and misleading. The claim made in the TVC was modified.

CASE 6:

Brand: Pepsodent Toothpaste


Advertising Agency: Ammirati Puris Lintas

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Medium: Print

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.


were false and misleading. The campaign is not on air.

CHAPTER - II OF ASCI ’ s CODES

To ensure that Advertisements are not offensive to generally accepted standards of

Public Decency.

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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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COMPLAINTS COUNCIL

UNDER CHAPTER II FROM


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

Medium: Print

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This advertisement appeared in The Times of India. The advertisement

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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Brand: “MTV – Cut the crap! Let’s 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, "Oh, but it's all in good 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.

CASE 4:

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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.



and likely to cause grave or widespread offence. The advertiser has assured

appropriate modification of the ad.

CASE 5:33


Brand: Lawman Casuals

Company: Kewal Kiran Enterprises

Advertising Agency: Relationship Marketing Group

Medium: Print

This advertisement appeared in The Outlook.

34


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.



and likely to cause grave or widespread offence. The advertisement has been

withdrawn.

35


CHAPTER - III OF ASCI ’ s 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:

(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.

(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

36


or electrical appliances, the careless use of which could lead to their suffering

cuts, burns, shocks or other injury.

(d) Should not feature minors for tobacco or alcohol-based products.

(e) Should not feature personalities from the field of sports, music and cinema for

products which, by law, either require a health warning in their advertising or

cannot be purchased by minors.

3. Advertisements shall not, without justifiable reason, show or refer to dangerous

practices or manifest a disregard for safety or encourage negligence.

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

anything, which the law requires.

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

the law.

6. Advertisements for products whose advertising is prohibited or restricted by law

or by this Code must not circumvent 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

37


advertisement for the product whose Advertising is restricted or prohibited by

law or by this Code.

(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.

38



COMPLAINTS COUNCIL

UNDER CHAPTER III FROM


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.

39


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 plant extracts in a Unique

combination”

“Livo Plus is 18 times more powerful than any existing liver care product”

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.

40


CHAPTER - IV OF ASCI ’ s 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:

(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 mark or symbol of another firm or its product or the goodwill

acquired by its advertising campaign.

41


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.

42



COMPLAINTS COUNCIL

UNDER CHAPTER IV FROM


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 Self-Regulation in

Advertising.

Hence this advertisement was upheld under Chapter IV.2 since the ad makes

unjustifiable use of the goodwill acquired by the advertising campaign of another

firm. The advertising agency has assured appropriate modification of the TVC.

43


CASE 2:

Brand: Iodex Power Cream

Company: SmithKline Beecham Pharmaceuticals Ltd.

Advertising Agency: Enterprise Nexus Communications

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 man away are clearly indicative of Moov –

the brand. The male voiceover’s 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. So how

can a mass, over-the-counter brand, without any 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.

44


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

accepted”, were considered to unfairly and directly discredit a competitive product.

The advertisement has been withdrawn.

45


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.

46


CASE 4:

Brand: Indiatimes.com

Company: Times Internet Ltd.

Advertising Agency: McCann – Erickson Pvt. Ltd.

Medium: Print

47


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 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.

48


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. This phrase has a

derogatory annotation and implies that NIIT students have not made a mark/name

for themselves.

This is intended to mislead students and create misgivings in their minds.

The word 'best' has also been used thrice and rather loosely at that. On what

basis is the advertiser claiming that its faculty 'employs the best teaching aids and

skills in the 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.

49


PROCEDURE FOR PROCESSING A COMPLAINT

AGAINST AN AD, FOR CONTRAVENTION OF ASCI

CODE

1. On receipt of a complaint (should be complete with relevant particulars

including clipping or copy of print Ad/promotion material provided by

complainant), the 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.

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.

50


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.

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. If the complaint is not upheld, the

complainant and the advertiser will be informed simultaneously.

7. If the complaint is upheld, then the advertiser alone will 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 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

51


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 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, 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

52


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

representation by complainant/advertiser/agency in respect of complaints being

deliberated upon at the CCC 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

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.

53


CHAPTER IV - COMPARITIVE STUDY OF

‘SELF-REGULATORY CODES IN

ADVERTISING’

IN 5 COUNTRIES

CODES RELATING TO INDIA UNITED

KINGDOM

IRELAN

D

UNITED

STATES

OF

AMERICA

AUSTRALIA

Substantiation

Legality

Decency

Honesty

Truthfulness

Fear & Distress

Safety

Violence & Anti – social Behavior

Protection of Privacy

Testimonials & Endorsements

Prices

Free Offers

Availability of Products

Guarantees

Comparisons

Denigration

Exploitation of Goodwill

Imitation

Identifying advertisers

54


- This sign denotes the presence of the particular point in the code

- 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 doesn’t 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:

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.

55


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

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.

56


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)’

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.

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.

57


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.

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 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 Australia’s codes is just a one page code and misses out on a lot

of factors.

58


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 hasn’t been able to shake the murky legend that it’s

burying a lot of disagreeable things, mostly of a 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 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

59


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 don’t consciously remember what we have

seen, or at least think we don’t. 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.

ii) It could also be pictures, words or symbols placed within

something so that we don’t 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

wouldn’t 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

don’t consciously hear them, or at least we think we don’t. 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

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incurred from shoplifting were on the rise. The message “Be

Honest – do not steal, I am 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 public’s 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 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.

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The book also announced more subliminal sex findings. Key claims that

while carefully examining a Howard Johnson’s 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 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 doesn’t 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.

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‘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 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.

The reason behind this could be:

the typical Indian mentality ‘There are other people who should complaint’ or

‘If I don’t like something I shouldn’t watch it’. or

people aren’t 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.

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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 that’s the worst we’ve

had where as abroad there are companies like candies shoes, opium perfume

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 wouldn’t miss anything because of a head of the person

sitting ahead of you as you had your own TV on the seat ahead. Looking at these

my conclusion would be ‘Self - regulation in India is working really well’.

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