Mission of ASCI
ASCI has
one overarching goal: “To maintain and enhance the public’s 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.
Objectives of ASCI
To
monitor ,administer and promote standards of advertising practices in India
To
codify, adopt and modify the code of advertising practices in India and
implement, administer and promote and publicize such a code.
To give
wide publicity to the Code and seek adherence to it of as many as possible of
those engaged in advertising.
To print
and publish pamphlets, leaflets, circulars or other literature or material,
that may be considered desirable for the promotion of or carrying out of the
objects of the Company.
Code of the Advertising Standards by ASCI
Chapter I:
To Ensure the Truthfulness and Honesty of representations and
claims made by Advertisements and to safeguard against misleading
Advertisements.
Advertisements
must be truthful. All descriptions, claims and comparisons, which are related
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.
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.
Advertisements
should not contain any reference to any person, firm or institution without due
permission, nor should a picture of any generally identifiable person be used
in advertising without due permission.
Advertisements
shall not distort facts nor mislead the consumer by means of implications or
omissions. Advertisements shall not contain statements or visual presentations,
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.
Advertisements
shall not be so framed as to abuse the trust of consumers or exploit their lack
of experience or knowledge. No advertisement shall be permitted to contain any
claim so exaggerated as to lead to grave or widespread disappointment in the
minds of consumers. For example:
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 cost are payable by the consumer, a clear statement that
this is the case shall be made in the advertisement.
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.
Claims, which use expressions such as ‘upto five years
guranttee’ or ‘prices from as low as Y’, are not acceptable if there is a
likelihood of the consumer being misled either as to the extent of the
availability or as to the applicability of the benefits offered.
Special care 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,
importance, infertility, baldness and the like to ensure that claims or
representations, directly or by implications, do not exceed what is considered
prudent by generally accepted standards or medical practice and the actual
efficacy of the product.
Advertisements inviting the public to invest money shall not
contain statements which may mislead the consumer in respect of the security
offered, rates, of return or terms of amortization, 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 advertisements
Advertisements inviting the public to take part in lotteries or
price competitions permitted under the law or which hold out the prospects of
gifts shall state clearly all-material conditions so as to enable the consumers
to obtain a true and fair view of their prospects in such activity. Further,
such advertisers shall make adequate provision for the judging of such
competitions, announcement of the results and the fair distribution of prizes
and 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.
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.
Chapter II : To ensure that Advertisements are not offensive to generally
accepted standards of Public Decency. Advertisements should contain nothing
indecent, vulgar or repulsive, which is likely, on the light of generally
prevailing standards of decency and property, to cause grave or widespread
offence.
Chapter III: To Safeguard against the indiscriminate use of Advertising in
situations or for the promotion of products, which are regarded as Hazardous to
society or the Individuals to a degree, or of a type, which is Unacceptable to
Society at large.
No
advertisement shall be permitted which:
Tends to incite people to crime or to promote disorder and
violence or intolerance
Derides any race, caste, color, creed or nationality
Presents criminality as desirable or directly or indirectly
encourages people particularly
children to emulate it
Adversely affects friendly relations with a foreign state.
Advertisements
addressed to children 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, no advertisement
Shall encourage children to enter strange places or to converse
with strangers in an effort to collect coupons, wrappers, labels or the like.
Should depict children leaning dangerously outside windows, over
bridges or climbing dangerous cliffs and the like.
Should show children climbing or reaching dangerously to reach
products or for any other purpose
Should show children using or playing with matches or any
inflammable or explosive substance, or playing with or using sharp knives, guns
or mechanical or electrical appliances, the careless use of which could lead to
their suffering cuts, burns, shocks or other injury.
Advertisements shall not, without justifiable reason, show or
refer to dangerous practices or manifest a disregard for safety or encourage
negligence.
Advertisements
should contain nothing, which is in breach of the law, or omit anything which
the law requires
Advertisements
shall not propagate products, the use of which is banned under the law
Chapter IV: To ensure that advertisements observe Fairness in Competition such
that the Consumer’s need to be informed on choices in the market place and the
canons of generally accepted competitive behavior in Business is both served.
§ 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:
It is clear that aspects of the advertiser’s product are being
compared with what aspects of the competitor’s product.
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
The comparisons are factual, accurate and capable of substantiation
There is no likelihood of the consumer being misled as a result
of the comparison, whether about the product advertiser or that with which it
is compared
The advertisement does not unfairly denigrate, attack or
discredit other products, advertisers of advertisements directly or by
implication.
§ Advertisements
shall not make unjustifiable use of the name or initials of any other firm,
company or institution, nor take unfair advantage of the goodwill attached to
the trademark or symbol of another firm or its product or the goodwill acquired
by its advertising campaign.
§ Advertisements
shall not be so similar to other advertisements in general layouts, copy,
slogans, visual presentations, music or sound effects as to be likely to
mislead or confuse consumers.
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