Unethical Advertisement

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Title: Unethical Advertisement.

Name of Author: Chaitanya Songirkar.

ABSTRACT

Once the product has been manufactured, price rightly and is distributed, the next task of

the marketer is to inform potential customers about the product and persuade them to buy

the same. There are thousands of products that may satisfy our wants but are not ever

considered by us while making purchase decisions. This happen primarily because of

failure of promotion function.

The promotion efforts are directed at informing potential customers that the right product

is available at the right place and at the right price. The core of promotion is

communication. The promotional communication aims at informing and persuading the

actual or potential customers about the merits of a product with an intention that it gets

their continued patronage or customers try it out when the product is new.

Many companies have ethical advertising policies. Furthermore, the media (i.e. TV,

Radio, Magazines and Newspapers) have governmental and non-governmental

organizations that are suppose to monitor the ethical content of advertisements. In this

paper I want to study (a) whether this control is really maintaining a high level of ethics

in advertising executions; (b) what are the main issues in advertising ethics that should

be dealt with in order to ensure this high ethical level, and (c) if ethics impacts

consumers attitudes and behaviors towards firms that maintain high levels of ethics in

their business and advertisings, which may be reflected in the company's society and

environment.

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Acknowledgement

It a very wonderful moment when we get a chance to show our gratefulness towards

those who have helped us directly or indirectly.

I would like to thank ______________ for giving me the opportunity and guidance to

complete this project. She by her regular academic and guidance lectures always inspires

us to go for new, creative projects; so that we can gain knowledge & can develop our

skills.

Further I thank all my friends who helped me and given me moral support and the

respondents without whom it was impossible for me to complete this project.

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ADVERTISING

Advertising pulls the product by directly appealing to potential customers forms the

channels. Therefore, it is said to build „pull effect‟ in the market.

The following are the important featured of advertising:

1. Reach:

Advertising can reach a large market. As a communication tool it enjoys the benefit of

mass reach. For instance, one commercial aired through All India Radio or Doordarshan

has a potential to reach a very large customer base residing in different parts of the

country. Similarly, one can reach a bigger English reading population by placing an

advertisement in any of the English dailies like The Hindustan times or, The Times of

India.

2. Choice:

Advertising can reach a large market. As a communication tool it enjoys the benefit of

mass reach.. For instance, if one chooses print media, one can choose magazines or

newspapers. Further within each media type its target message more pointedly to a

specific customer group and thereby minimize wastage involved in the communication

process.

3. Legitimacy:

When the products or services are promoted through advertising, the message is

presented publicly to the audience. A publicly advertised product gets legitimacy in the

eyes of the prospects as something, which is standardized. This in some way enhances the

value of the product in the eyes of buying public. We all feel comfortable with products,

which are widely advertised than the products, which do not fall within the knowledge

domain of the market.

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4. Expressiveness:

Advertising provides enough opportunities to dramatize message with the help of

drawings, color, illustrations, sound, pictures, music, etc. this helps the advertiser

achieve enhanced communication effectiveness.

5. Economy:

Since advertising is capable of delivering message to a large audience, its use works out

to be economical. That is the cost of reaching a prospect tends to be much less than other

forms of communication. For instance, the cost of a ten seconds television commercial

during the prime time may be as high as ten lac, but the reach of television the per

prospect exposure would be very low. It is very effective in delivering standardized

message to a large audience.

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BENEFITS OF ADVERTISING

Enormous human and material resources are devoted to advertising. Advertising is

everywhere in today‟s world, so that, as Pope Paul VI remarked, “No one can escape the

influence of advertising”. Even people who are not themselves exposed to particular

forms of advertising confront a society, a culture-other people-affected for good or ill by

advertising messages and techniques of every sort. Some critics view this state of affairs

in unrelieved negative terms. They condemn advertising as a waste of time, talent and

money- an essentially parasitic activity. In this view, not only does advertising have no

value of its own, but also its influence is entirely harmful and corrupting for individuals

and society. We do not agree. The is truth to the criticism, and we shall make criticisms

of our own. But advertising also has magnificent potential for good, and sometimes it is

realized. Here are some of the ways that happens.

1. Economic Benefits of Advertising:

Advertising can play an important role in the process by which an economic system

guided by morals norms and responsive to the common good contributes to human

development. It is a necessary part of the functioning of modern market economies, which

today either exist or are emerging in many parts of the world and which currently seem

to be “the most efficient instrument for utilizing resources and effectively responding to

needs of a socio-economic kind. In such a system, advertising can be useful tool for

sustaining honest and ethically responsible competition that contributes to economic

growth in the service of authentic human development. “The Church looks with favor on

the growth of man‟s productive capacity, and also on the ever widening network of

relationships and exchanges between persons and social groups…From this point of view

she encourages advertising, which can become a wholesome and efficacious instrument

for reciprocal help among men”. Advertising does this, among other ways, by informing

people about the availability of rationally desirable products and services and

improvements in existing ones, helping them to make informed, prudent consumer

decisions, contributing to efficiency and the lowering of prices, and stimulating economic

progress through the expansion of business and trade. All of this can contribute to the

creation of new jobs, higher incomes and a more decent and humane way of life for all. It

also helps pay for the publications, programming and productions.

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2. Benefits of Political Advertising:

Political advertising can make a contribution to democracy analogous to its contribution

to economic well being in a market system guided by moral norms. As free and

responsible media in a democratic system help to counteract tendencies toward the

monopolization of power on the part of oligarchies and special interests, so political

advertising can make its contribution by informing people about the ideas and policy

proposals of parties and candidates, including new candidates not previously known to

public.

3. Cultural Benefits of Advertising:

Because of the impact advertising has on media that depend on it for revenue, advertisers

have an opportunity to extent a positive influence on decisions about media content. This

they do by supporting material of excellent in view, and particularly by encouraging and

making possible media presentations, which are oriented to minorities whose needs,

might otherwise go unserved. Moreover, advertising can itself contribute to the

betterment of society by uplifting and inspiring people and motivating them to act in ways

that benefit themselves and others. Advertising can brighten lives simply being witty,

tasteful and entertaining. Some advertisers are instances of popular art, with a vivacity

and élan all their own.

4. Moral and Religious Benefits of Advertising:

In many cases, benevolent social institutions, including those of a religious nature, use

advertising to communicate their messages-messages of faith, of patriotism, of tolerance,

compassion and neighborly service, of charity toward the needy, messages concerning

health and education, constructive and helpful messages that educate and motivate

people in variety of beneficial ways.

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OBJECTIONS TO ADVERTISING

Is advertising a Social Waste? Advertising is often criticized as a wasteful activity and an

unnecessary evil. Its critics offer the following arguments to prove their contention:

1. Multiplication Of Needs:

Advertising multiplies the needs of the people by inducing them to buy even those things,

which are not required by them. Since an advertisement is continuously repeated, it

creates a desire in the mind of people to buy the advertised product. Some critics have

also pointed out that advertising promotes materialistic values when it creates a desire

among people to produce luxurious goods.

2. Burden On The Buyers:

the amount of money spent by an advertiser on his product‟s advertisement is added to

the distribution cost of the product. Thus, the customers have to pay more for the product

advertised.

3. Creation Of Confusion:

The confused when they are exposed to excessive advertising of certain products. For

instance, different models of TVs of a large number of brands are advertised which

makes it difficult for a buyer to make a choice of the right T.V. Similarly, there are so

many brands of beauty soaps, detergents, tooth- pastes etc.

4. Creation Of Monopoly:

Advertising may lead to monopoly of a brand. It is argued that the big manufacturers

who can afford large amount of money on advertising can create brand monopoly and

eliminate the small producers. Advertising may lead to other malpractices such as sale of

inferior and dubious products. Innocent people act on advertisement thinking them to be

true, but the reality is different.

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5. Wasteful Expenditure:

Advertising does not always increase the demand of the product. When the demand is

inelastic, advertising shifts demand from one product to another. That means a large

amount of money spend on advertising by the manufacturers goes waste. It has also been

observed that a large number of advertisements either escape the attention of the people

or are ignored by them.

6. Socially Undesirable:

Sometimes, advertising undermines ethical and aesthetic values. It may make the people

start bothering for appearance and design of the product rather than the physical utility.

Some advertisers also use indecent language and photographs to advertise their products

which are highly objectionable from the society‟s point of view.

DYING TO BE NOTICED

Thus advertisers and admen are increasingly under the fire for upsetting the socio-

religious and sensibilities of the consumers. Unfortunately, things are looking only worse

day by day. With slashing down of the ad budget and with the business slumping,

everyone is even more desperate to stand out in a hurry, to boost short term sales or to

win the awards. Their slogan is „Love it or Hate it or think it offensive, but you have to

notice it.‟ Advertising is criticized because selling carries a stigma. Centuries ago,

Anacharis had said, “The market is the place set aside where men may deceive each

other.” Even to the date, despite the risk in consumerism and efforts to counter market

deception, buyers are still gullible and are not particularly on guard against deception.

To create and impact, the advertisers pit creative message-makers against blasé

sophisticates, hardened by thousands of commercials. The objective is to cut through the

clutter, to grip ones attention and to create an impression that lingers on in the memory

of the prospective buyers. While doing so, they create desires, shape attitudes, mould

temperaments, after social values and raise many ethical questions, to which there is no

answer. The measure of the advertisings‟ success is the extent to which it increases

demand. Competitions or the declining profits can blow good intention out of the

boardroom. Under such circumstances, the perceptive shifts from what is the best in the

long-run for the society to what is best in the short-run for the company. Ethics, the

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advertisers say, is fine for the secure, but a greater market share is all the slipping

company needs!

VARIOUS ACTS HAVING CONTROL ON ADVERTISEMENTS

All those engaged in advertising are strongly recommended to familiarize themselves

with the legislation affecting advertising in this country, particularly the following Acts

and the Rules framed under them:

1. Drugs and Cosmetics Act, 1940

2. Drugs Control Act, 1950

3. Drugs and Magic remedies (Objectionable Advertisement) Act, 1954.

4. Copyright act, 1957.

5. Trade and Merchandise marks Act, 1958

6. Prevention of food Adulteration Act, 1954.

7. Pharmacy Act, 1948

8. Prize competition Act, 1955.

9. Emblems and names (Prevention of Improper Use) Act, 1950.

10. Consumer Protection Act, 1986.

11. Indecent Representation of women (Prohibition) Act 1986

12. AIR/Doordarshan Code.

13. Code of Ethics for Advertisement in India issued by the Advertising Council of India.

14. Code of Standards in relation to the advertising of medicines and treatments.

15. Standards of practice for Advertising Agencies.

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ADD AREAS UNDER SCRUTINY OF ETHICS

Advertising ethics affects the practice of our lives and also the practice of business, in

subtle and prominent ways. Indeed, ethics in ads concern us all in one way or the other.

The areas under scrutiny of the critics are as follows:

TYPES OF ADS

Ads for sex related products

Instead of making people aware of the necessity of safe sex and the benefits of birth

control, condom ads continue to intrigue the youngsters with the unique feel it has to

offer.

Ads for health care and professional services

The slimming centers that promise miraculous weight reduction, the cosmetic surgery

clinics that assure permanent solution to beauty problems.

Ads for vices with fatal effects

Tobacco chewing ads, commercials of alcoholic beverages are there that tempt the non-

alcoholics to have a sip.

TYPES OF APPEALS

Use of questionable appeals

The ads that bank on the fear and negative appeal like neighbors‟ envy, jealousy, feud

between daughter-in-law and mother-in-law etc.

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Stereotypical appeals

Sexual or racial stereotyping is there. There are the Ads that imply that a woman,

whether in kitchen or in the boardroom, ought to look sensuous and inviting under any

circumstances. That fairness creams stereotype the dusky women as socially less desired

for marriage.

LARGER EFFECTS ON THE SOCIETY

Value formation

Advertisements responsible for molding society, material wants. The ads displaying

scantily clad female models commoditize women. The deluge of the ads increase ones

propensity of consumption makes one feel that possessing a certain commodity is

essential to show that one belongs to the higher echelon of the society.

Media content. Information content of the ads that suggest the use of the preserved food

items do that without the slightest mention of the face that many of these preservations

have been proved to have carcinogenic effect.

Use of deception

The ads of brands that conceal their negative aspects are there in large numbers. The ads

of cosmetics that say nothing about the long-term effects of regular usage of their

products, the ads of the educational institution that wrongly claim to give 100%

placements to its students are found in abundance.

Advertising targeting children and adolescents

The ads that target the vulnerability of the children and adolescents create role models

whom the kids are expected to emulate and thus, they shape their dreams and aspirations

in an unbecoming way.

ADVERTISERS CONCERN

Voice/Tone of the ad

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Comparative ads that thrive on inflicting vitriolic attacks on their rivals; copying the idea

in the ad world is another such menace.

Impediments to research: The impediments to research on advertising ethics are

identified as follows:

Lack of practitioner interest

Research is impeded by the inapplicability of published findings to business operations,

the disinterest of the corporations in sponsoring research on ad ethics and the funding

constraints that cause researchers to rely on a convenience sample.

Lack of sound measures and framework

Research is impeded by the lack of psychometrically-sound measurement scales and the

theoretical frameworks in advertising/marketing.

Lack of relevant theories in related disciplines

Research is impeded by theoretical shortcomings in anthropology, management,

philosophy, psychology, sociology and advertising/marketing.

Lack of academic interest

Research is impeded by lack of a journal editor and the difficulty researchers‟ face when

they try to relate ethical issues to traditional advertising issues. Unethical ads are often

found to have negative consequences, ranging from adverse publicity to diminished

corporate reputation to consumer boycotts and even legal sanctions.

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WHY BE ETHICAL?

At the 83rd Annual management Conference of the American Association of Advertising

Agencies, Keith Reinhard, the 64 yrs old chairman and the chief executive of the US $15-

bollion DDB worldwide Communications Group, stood up to quote the legendary co-

founder of DDB, Bill bernback: “ All of us who professionally use the mass media are the

shapers of the society. We can vulgarize that society. We can also brutalize it or we can

help lift it onto a higher level.” No, Reinhard is not against the edgy and the

unconventional rather he is against prurient sex, filthy humor and the violence.

By making a success story out of the ads that are offensive to the public decency, the

message is disturbingly clear: more rude and shocking you can be, more successful you

can and you will be in the advertising. Moreover, such ads send out faulty signal to the

youngsters who represent the future of our society. The young creative directors who take

pride in their eccentric thought process ought to be blamed for this. The ad award

machineries from Cannes to Clios are the ones that place such creations on the pedestal.

Passion is the most important ingredient in creative achievement. But, its flames need not

to be necessarily leaped out for obscenity, bullets and falsehoods alone. It is essential to

reinforce the virtue of positive passion in today‟s ad world. The need of ethics in

advertising is essential as we have a duty to live a good moral life. This duty is as much

applicable to our business lives as to our private lives. The marketing professionals also

know that the ethics brings good business. Unethical ads are often found to have negative

consequences ranging from adverse publicity to diminished corporate reputation and to

the consumer boycotts and even the legal sanctions. Conversely, an ethical ad can

contribute to a good corporate reputation, heighten morale and thus can increase

repeated business.

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THE CODE

GENERAL RULES OF CONDUCT IN ADVERTISING

• Advertising shall be designed as to confirm to the laws of the country and should not

offend against morality, decency and religious susceptibilities of the people.

• No advertisement shall be permitted which:-

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

ii. Is against any of the directive principles or any provision of the constitution of

India.

iii. Tends to incite people to crime, cause disorder or violence, or breach of law or

glorifies violence or obscenity in any way.

iv. Presents criminality as desirable.

v. Adversely affects friendly relations with foreign states.

vi. Exploits the national emblem, or any part of the constitution or the person or

personality of a national leader or state Dignitary.

vii. Relates to or promotes cigarettes and tobacco products, liquor, wines and other

intoxicants.

• No advertisements message shall in any way be presented as NEWS.

• No advertisements shall be permitted the objects whereof are wholly or mainly of

religious or political natures; advertisement must not be directed towards any religious

or political end or have relation to any industrial dispute.

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• Advertisements for services concerned with the following shall not be accepted:-

i. Money lenders.

ii. Chit funds.

iii. Saving schemes and lotteries other than those conducted by Central and State

Government organizations, nationalized or recognized banks and public sector

undertakings.

iv. Unlicensed employment services.

v. Matrimonial Agencies.

vi. Fortune tellers or sooth-sayers etc. and those with claims of hypnotism.

vii. Foreign goods and foreign banks.

viii. Betting tips and guide books etc. related to horse-racing or the other games of

chance.

• The items advertised shall not suffer from any defect or deficiency as mentioned in

Consumer Protection Act 1986.

• No advertisement shall contain references which are likely to lead the public to infer the

product advertised or any advertised or any of its ingredients has some special

miraculous or super-natural property or quality, which is difficult of being proved, e.g.

cure for baldness, skin whitener, etc.

• No advertisement shall contain the words „Guarantee‟ or „Guaranteed‟ etc., unless the

full terms of the guarantee are available for inspection by the Directorate General. All

India radio, are clearly set out in the advertisement and are made available to the

purchaser in the writer at the point of the sale or with the goods; in all cases , terms must

include details of the remedial action available to the purchaser. No advertisement shall

contain a direct or implied reference to any guarantee which purports to take away or

diminish the legal rights of the purchaser.

• Advertisers or the agents must be prepared to produce evidence to substantiate any

claims or illustrations. The Director General reserves the right to ask for such proofs and

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get them examined to his full satisfaction. In case of goods covered by mandatory quality

control orders, the advertiser shall produce quality certificate from the institutions

recognized by the Government for this purpose.

1. Advertisements shall not contain disparaging or derogatory references to another

product or service.

2. Testimonials must be genuine and used in a manner not to mislead the listeners.

Advertisers or Advertising Agencies must be prepared to produce evidence in

support of their claims.

3. No advertisement of any kind of jewelry (except artificial jewelry) or precious

stones shall be accepted.

4. Information to consumers on matters to weight, quality or prices of the products

were given shall be accurate.

5. Advertisements indicating price comparisons or reductions must comply with

relevant laws.

6. No advertisements shall be accepted with violates AIR Broadcast Code. Any such

effects which might startle the listening public must not be incorporated the

advertisements. For example, and without limiting the scope, the use of the

following sound effects will not be permitted:

Rapid gunfire or rifle shots.

Sirens.

Bombardments.

Screams.

Raucous laughter and the like.

• Any pretence in advertising copy must be avoided and such copy shall not be accepted

by All India radio. The „simulation‟ of voices of a personality in connection with

advertisements for commercial products is also prohibited unless bonafide evidence is

available that such personality has given permission for the simulation and it is clearly

understood that station broadcasting such announcements are indemnified by the

advertiser or advertising agency against any possible legal action.

• No advertising for a product or service shall be accepted if it suggests in any way that

unless the children themselves buy or encourage other people to buy the products or

services, they will be failing in their duty or lacking in loyalty to any person or

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organization.

• No advertisements shall be accepted which leads children to believe that if they do not

own or use the product advertised they will be inferior in some way to the other children

or that they are liable to the condemned or ridiculed for not owing or using it.

• No advertisement likely to bring advertising into contempt or disrepute shall be

permitted. Advertising shall not take advantage of the superstition or ignorance of the

general public.

• No advertising of talismans, charms and character-reading from photographs or such

other matter as well as those which trade on superstition of general public shall be

permitted.

• Advertisement shall be truthful, avoid distorting facts and misleading the public by

means of implications by false statements, as to:

1. The character to merchandise, i.e. its utility, materials, ingredients, origin etc.

2. The price of the merchandise, its value, its suitability or terms of the purchase.

3. The services accompanying purchase, including delivery, exchange, return,

repair, upkeep etc.

4. Personal recommendations of the article or the service.

5. The quality or the value of the competing goods or trustworthiness of statement

made by the others.

• Testimonials from any kind from experts etc. other than Government recognized

standardization agencies shall not be permitted.

• No advertisement shall be permitted to contain any claim so exaggerated as to lead

inevitably to disappointment in the minds of the public.

Methods of advertising designated to create confusion in the mind of the consumer as

between goods by one maker and another maker are unfair and shall not be used. Such

methods may consist in:

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i) The imitation of the trademark of the name of the competition or packaging of labeling

of goods or;

ii) The imitation of advertising devices, copy, layout or slogans.

• Indecent, vulgar, suggestive, repulsive or offensive themes or treatment shall be avoided

in all advertisements. This also supplies to such advertisements which themselves are not

objectionable as defined above, but which advertise objectionable books, photographs or

other matter and thereby lead to their sale and circulation.

• No advertisement in respect of medicines and treatments shall be accepted which is in

contravention of the code relating to standards of advertising medicines and treatments.

Note 1: In all other respect, The Director general will be guided for purposes of

commercial broadcasting in All India radio by code of Ethics for Advertising in India as

modified from time to time.

Note 2: Notwithstanding anything contained herein, this code is subject to such

modification/ directions as may be made/issued by the Director General from time to

time.

Note 3: All advertising agencies shall adhere to the standards of practice as prescribed

by Advertising Agencies Association of India, Bombay.

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PROCEDURE FOR THE ENFORCEMENT OF THE CODE

1. Complaints or reports of contraventions of the code, received by All India Radio may

in the first instant be referred by Director General to Advertiser‟s Association concerned

with request for suitable action.

2. If complaints under the code can‟t be satisfactory resolved at Association-(s)‟s level,

they shall be reported to Director General who will then consider suitable action.

3. For any complaints under the Code received by All India Radio concerning a party

outside the preview of various member Association(s), the director General will draw

attention of such party to the complaint and where necessary, take suitable action on his

own.

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CODE OF STANDARDS IN RELATION TO THE ADVERTISING OF

MEDICINES AND TREATMENT

This code has been drafted for the guidance of advertisers, manufacturers, distributors,

advertising agents, publishers and suppliers or various advertising media. The harm to

the individual that may result from exaggerated, misleading or unguaranteed claims

justified the adoption of a very high standard and the inclusion of considerable detail on

a code to guide those who are concerned with this form of advertising. Newspaper and

other advertising media are urged not to accept advertisements in respect of any other

product or treatment from any advertiser or advertising or publicity relating to that

product or treatment. The provisions of this code do not apply to an advertisement

published by or under the authority of a Government, ministry or Department, not to an

advertisement published in journals circulated to registered Medical Practitioners,

registered Dentists, Registered Pharmacists or Registered Nurses.

GENRAL PRINCIPLES:

1. Cure: No advertisement should contain a claim to cure any ailment or symptoms of ill-

health, not should any advertisement contain a word or expression used in such a form or

context as to mean in the positive sense the extirpation of any ailment, illness or disease.

2. Illness, properly requiring medical attention: No advertisement should contain any

matter which can be regarded as offer of medicine or product for, or advice relating to

treatment of serious diseases, complaints, conditions, indications or symptoms which

should rightly receive the attention of a Registered Medical practitioner.

3. Misleading or exaggerated Claim: No advertisement should contain any matter

which directly or by implication misleads or departs from the truth as to the composition,

character or action of the medicine or treatment advertised or as to its suitably for the

purpose which it is recommended for.

4. Appeals for fear: No advertisement should be calculated to induce fear on the part of

the reader that he is suffering, or may without treatment suffer from an ailment, illness or

disease.

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5. Diagnosis or treatment by correspondence: No advertisement should offer diagnose

by correspondence diseases, conditions or any symptoms of ill-health in a human being

or request from any person or a statement of his or any other person‟s symptoms of ill-

health with a view to advertising as to or providing for treatment of such conditions of ill-

health by correspondence, nor should any advertisement offer to treat by correspondence

any ailment, illness, disease or symptoms thereof in an human being.

6. Disparaging reference: No advertisement should directly or by implication disparage

the products, medicines or treatments of another advertiser or manufacturer or

registered medical practitioner or the medical professionals.

7. College, clinic, institute, and laboratory: No advertisement should contain these or

similar terms unless an establishment corresponding with the description used does in

fact exists.

8. Doctors, hospitals etc.: No advertisement should contain any reference to doctors or

hospitals, whether Indian or foreign unless such reference can be sustained by

independent evidence and can properly be used in the manner proposed.

9. Products offered particularly to women: No advertisement of products, medicines,

and treatments of disorders or irregularities peculiar to women should contain

expression which may imply that product, medicine or treatment advertised can be

effective in inducing miscarriage.

10. Family Planning: Advertisements for measures of or apparatus concerning family

planning would be permissible in so far as they conform to the generally accepted

national policy in this behalf.

11. Illustrations: No advertisement should contain illustration which by itself or in

combination with words used in connection there with is likely to convey a misleading

impression, or if the reasonable reference to be drawn from such advertisement infringes

any of the provisions of the code.

12. Exaggerated copy: No advertisement should contain copy which is exaggerated by

reason of improper use of words, phrases or methods of presentation e.g., the use of

word‟s magic, magical, miracle and miraculous etc.

13. Natural remedies: No advertisement should claim or suggest contrary to the fact

that the article advertised is in the form in which it occurs in nature or that its value lies

in its being a natural product.

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14. Special claim: No advertisement should contain any reference which is calculated to

lead the public to assume that the article, product, medicine or treatment advertised has

special property or quality which is in fact unknown or unrecognized.

15. Sexual weakness, premature ageing, and loss of virility: No advertisement should

claim that the product, medicine or treatment advertised will promote sexual virility or be

effective in treating sexual weakness or habits associated with sexual excess or

indulgence or any ailment, illness or disease associated with those habits. In particular

such terms as „Premature ageing‟, „loss of virility‟ will be regarded as conditions for

which medicines, products, appliances or treatment may not be advertised.

16. Slimming, weight reduction or limitation or figure control: No advertisement

should offer any medical product for the purpose of slimming, weight reduction or

limitation or figure control. Medical products intended to reduce appetite will usually be

regarded as being for slimming purposes.

17. Tonics: The use of this expression in advertisements should not imply that the

product or medicine can be used in the treatment of sexual weakness.

18. Hypnosis: No advertisement should contain any offer to diagnose or treat complaints

or conditions by hypnosis.

19. Materials for students: Materials meant for distribution in educational institutions

must not carry advertisement of anything other than those of value to students.

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RESEARCH METHODOLOGY

Research can be defined as a systemized effort to gain new knowledge. A research is

carried out by different methodologies which have their own pros and cons. Research

methodology is a way to solve research in study and solving research problems along

with logic behind them are defined through research methodology. Thus while talking

about research methodologies we are not only talking of research methods but also

consider the logic behind the methods. We are in context of our research studies and

explain why it is being used a particular method or technique and why the others are not

used. So that research result is capable of being evaluated either by researcher himself

or by others.

ASSUMPTIONS:

1. It has been assumed that sample of 30 ad viewers represents the whole population.

2. The information given by the ad viewers is unbiased.

COLLECTION OF DATA:

This research is based on

(a) primary research done by means of questionnaires targeted to ad viewers. The sample

size is 30. Survey has been conducted in Dombivli.

(b) Case studies related to unethical advertisements.

(c) Referred Various Books & links

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CASE STUDIES

(a) NIMBUS CASE

On Februrary14, 2007, the Information and Broadcasting Ministry of India issues a

showcase notice to Nimbus Communication (Nimbus), a private broadcaster, for showing

ads that were alleged to be racist during the India-West Indies cricket series that were

held between January 21 and January31,2007. the Ministry alleged showed West-Indies

in poor light. Nimbus‟ Neo Sports (NEO) had the telecast rights for India-West Indies

and the India-Srilanka series in India. In January 2007, Nimbus launched an ad

campaign with the pay-off line 'Its tough being a West Indian in India'. One of these ads

showed a West Indian, desperately searching for some water to drink as he is unable to

handle the spicy Indian food, but the Indians put their fingers and dentures into the water

to deny him from having a drink. Another ad showed a boatman taking a West Indian

couple on a boat-ride. Upon reaching the middle of the lake, the boatman throws off the

oars into the lake and disrobes (giving the impression that there would be an assault on

the girl), then, jumps into the lake leaving the couple stuck in the center of the lake.

Media experts opined that what Nimbus thought was a creative way of showing the

competitive spirit in India, and create hype around its new channel, had actually trod a

fine line between creative advertising and respecting ethical sensibilities. Some critics

felt that the two ads shown in the campaign were in bad taste and offensive as it showed

people being mistreated on the basis of nationality/color. The ads were also criticized for

showing Indians in bad light as India was known for its hospitality.

Atithi Devo Bhava or 'The Guest is God' is ingrained in the Indian culture and the Indian

Tourism Ministry had adopted this slogan as part of their 'Incredible India campaign'.

The ads that showed Indians putting tourists in trouble was clearly not in sync with this

communication.

A public interest litigation (PIL) was filed against Neo, which demanded that Neo pay Rs

2 billion as 'damages' to the Union Government for hurting the "Indian pride and

sentiments". The Advertising Standards Council of India's (ASCI) too received

complaints against the ads. Nimbus had defended its ads and denied the allegations of

racism.

Page 25

It said the idea behind the ads was 'light hearted'. Some ad experts too supported this

view and said that the ads was designed to make the audience laugh by showing the

competitive spirit and passion for cricket in India in a creative way. In fact, the ad

agency that created these ads, Ogilvy & Mather (O&M), was highly regarded for its

creative advertising and had consistently won awards for creative excellence in

advertising. For instance, in March 2007, it had won the 'Creative Agency of the year'

award in the coveted 40th Annual Abby Awards, with a tally of 20 Golds, 47 Silvers and

2 Special Gold. O&M too defended the ads and pointed out that though ASCI had asked

Neo to stop airing the first ad, it had cleared its other ads including ads in another

similar campaign with pay-off line 'Now, even Sri Lankans will have a tough time in

India'. There was also no mention of racism by ASCI at that time.

The government had deferred any action till the outcome of the PIL on the related issue.

If the charges were proved, Neo could face a minimum 30-day ban and even risked losing

its uplinking-downlinking license. By and large, analysts felt that ad campaign was

misconceived and badly executed. Some felt that for a newly established channel like

Neo, which was trying to widen its viewer base, taking such risks was unwarranted.

However, some analysts felt that the government should stay away from this issue and

allow audience reactions and self-regulation to act as control mechanisms.

Page 26

(b) CONDOMS RELATED CASE

It is common knowledge that advertisements related to sex sell. But who is going to sell

safe sex and how? That remains a complicated and tricky question. Unfortunately,

contraceptive advertisements generate controversies and they are removed from the

airwaves for one reason or another. Recently, an advertisement of flavored condoms

indirectly urged couples to have fruit-flavored oral sex. The ad showed a woman biting

into a strawberry and licking chocolate off her fingers. The Censor Board balked at the

advertisement and registered a complaint with the Advertising Standards Council of

India (ASCI). The ASCI got the ad removed claiming that it was "vulgar". While many of

those who were interviewed at the time agreed that condom advertisements needed to be

aired on TV, there was no consensus on how the ad should feature the product and when

it should be aired. Media reports quoted the condom manufacturer's clarification that

flavored condoms were not a promotion for oral sex; that they were being projected as

an alternative choice for couples who dislike the smell of latex. In the meantime, the

world's second most populated country is on the verge of an AIDS epidemic. Can Indians

afford to be shy about sex and contraception? In urban settings, people seem to know that

condoms, if used properly, can deter the spread of HIV/AIDS and prevent pregnancy. Yet,

condoms are bought (if at all) with a blush that spreads across the shop. They are bought

under cover of night, anonymity or, maybe, even disguise.

Advertisements are seen as an effective means of mass communication; but when it comes

to condoms, they seem to be failing in their basic function. It becomes a dangerous

failing in a situation where information marks the difference between safety and fatality.

Page 27

QUESTIONNAIRE

Dear Sir/Madam,

I‟m conducting some research concerning the public's opinion about the level of ethics. In order

to answer these questions, I need your help. Following to this is a short questionnaire. I would

really appreciate your help in completing and returning it. Your responses are extremely

valuable and will help me gain a better understanding of the issues of advertising ethics.

I assure you that the information you provide will be kept strictly confidential and combined with

all other responses so that no individuals can be identified. In addition, your name and/or

e-mail address will remain in the highest levels of anonymity and privacy, and will not be given,

sold or otherwise distributed to anyone, being destroyed from our records immediately after your

questionnaire is gathered.

Please take a few minutes now to complete and return the questionnaire.

Thank you very much for your help.

-----------------------------------------------------------------------------

Please complete the following fields:

Name :_________________________________________________

Age :___

City of residence :_________________

Gender (M/F) :___

Education Level (Elementary / High School / University / Post-Graduate):____________

Email Address :________________________________________

Please answer the following questions by placing an "x" in the appropriate space:

"Businesses have responsibilities with society that go beyond job creation."

1. Strongly agree (__) 2. Agree (__) 3. No Opinion (__)

4. Disagree (__) 5. Strongly Disagree (__)

"It is possible for a business to be both ethical and profitable."



"Advertising shows an accurate view of reality."



"Advertising helps to shape society's views of the world and itself."



Page 28

How do you view the level of ethics in general advertising?

1. Very High (__) 2. High (__) 3. Average (__)

4. Low (__) 5. Very Low (__)

Whose responsibility is it to deal with the unethical ads?

(please mark with an "x", as appropriate)

01. Businesses (__)

02. Non-Profit Organizations (__)

03. Government (__)

04. Non-Government Organizations (NGOs) (__)

05. Schools and Universities (__)

06. General Public (__)

07. Other - Please cite:___

Which of the following issues in general advertising would you consider being unethical?

(please mark by placing an "x" in the appropriate place(s))

1) 03. Ads for medical products and services (__)

2) 05. Ads for professional services (lawyers, doctors, etc.) (__)

3) 06. Ads for workers to replace striking workers (__)

4) 09. AIDS-awareness ads (__)

5) 10. Alcoholic beverage, Cigarette and tobacco ads (__)

6) 17. Comparative advertising (__)

7) 18. Condom ads (__)

8) 29. Lack of truth (__)

9) 32. Negative political ads (__)

10) 46. Use of sexual themes in ads (__)

Page 29

Please answer the following questions by placing an "x" on the appropriate space:

Have you ever decided not to buy a product/service due to an advertisement that you

perceived as unethical?

Yes (__)

No (__)

In the future, would you refrain from buying a product/service because you perceive its

advertisements as unethical?

Yes (__)

No (__)

Would you invest in a fund/company with high ethical standards if it presented slightly

lower returns than a fund/company with low ethical standards?

Yes (__)

No (__)

Thank you very much for your cooperation!!

Page 30

CONCLUSION

While looking at advertisements with different perspective and interacting with people I

observed that, despite of various laws and control agencies, every day we encounter with

unethical advertisements, ex. many news paper promotes ads for slimming pills etc. but

we are too used to these ads that we hardly notice it. Many people think that only sexual

overtness is unethical. Few of them don‟t even know that advertising of medical products

and services is not allowed.

Most of the people think that Government & business houses are responsible for ethics in

advertisement. Very few of them consider their role in controlling unethical

advertisements.

There is nothing intrinsically good or intrinsically evil about advertising. It is a tool, an

instrument. It can be used well and can be used badly as well. It‟s up to us, how we use

this tool !

“It‟s truly said that judicious use of advertising can stimulate the developing countries to

improve their standard of living. But the serious harm can be done if advertising and the

commercial pressure become so irresponsible that communities seeking to rise from

poverty to a reasonable standard of living are persuaded to seek this progress by

satisfying wants that have been artificially created. The result of this is that they waste

their resources and neglect their real needs and genuine development falls behind.”

Page 31

BIBLIOGRAPHY

Chhabra. T.N.-- “Business Studies” p.p.323-326. Arya publications.

Gupta. Sen. Subruto-- “Brand Positioning”. Tata Mc Graw-hill Publishing Company

Limited.

Kotler. Philip-- “Marketing Management”. Prentice-Hall of India Private Limited.

McCarthy. E. Jerome-- “Essentials of Marketing”. Irwin Publications.

Moriary. Burnet. Wells-- “Advertising”. Pears on Education Pte. Ltd.

Hindustan times, “Balancing creativity and ethics in advertising”, February 14,2007

www.Advertising.about.com

www.Aef.com

www.Icmrindia.org

www.Rubak.com

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Unethical Advertisement