Since 1985, the Advertising Standards Council of India (ASCI) has been the watchdog against objectionable advertisements. However, 2023 witnessed a paradigm shift, with ASCI expanding its self-regulatory mandate through the launch of the ASCI Academy. From merely focusing on post-publication policing of advertisements, this initiative emphasises proactive collaboration at the ad creation stage, aligning with legal teams, marketers, creators, influencers, and stakeholders. The shift aligns with the evolving dynamics of the advertising industry, emphasising the importance of prevention in maintaining ethical standards.
Manisha Kapoor, Chief Executive Officer (CEO) and Secretary General (SG), ASCI, acknowledges the impact of influencers, addresses challenges such as dark patterns, touches upon how advertising can contribute to building a more equitable world and more. Edited excerpts:
How did ASCI shape industry discourse this year?
ASCI has consistently led in shaping regulatory standards in advertising, as demonstrated by its updated guidelines addressing contemporary issues like dark patterns, environmental claims, and advertising for charitable causes. Collaborative consultations with government bodies on crucial topics like real estate, influencer marketing, dark patterns, and green claims have been instrumental in shaping the trajectory of advertising regulation in India.
Active participation in over 15 events, seminars, and panel discussions has amplified ASCI’s voice within the advertising ecosystem, solidifying its standing as a thought leader.
How has ASCI been driving transparency in complaints redressal?
Advertising outpaced India’s GDP growth at over Rs 1 lakh crore in 2023, as per the joint EY and FICCI 2023 report. ASCI’s vital role in overseeing advertisements across platforms is evident through suo moto monitoring, ensuring compliance with the ASCI Code, enshrined in the Cable TV Network (Regulation) Act, 1994. Boasting a compliance rate exceeding 90 percent, ASCI processed 7,928 ads in the past fiscal year, with 97 percent requiring modification. Digital platforms constituted 75 percent of violations, reflecting ASCI’s focus on emerging issues.
ASCI’s commitment to transparency is further demonstrated by the user-friendly redesign of its website. The revamped site offers easy access to cases, insightful case details, an updated list of defaulters, and a streamlined complaint filing system, empowering stakeholders to navigate complaint resolution processes.
How did the ASCI Academy perform in 2023?
The launch of the ASCI Academy in 2023 signifies a proactive approach, complementing its vigilance efforts, offering corporate masterclasses, research studies, awareness campaigns, and workshops. The Academy aims to equip industry professionals, students, and influencers with the tools and knowledge necessary for upholding ethical advertising practices. With ongoing backend work for two new e-learning programmes, the ASCI Academy exemplifies ASCI’s commitment to adapting to evolving educational landscapes.
Can you share how ASCI responded to industry challenges?
In addressing challenges such as dark patterns, ASCI collaborated with the Department of Consumer Affairs, hosting an interactive session with stakeholders. ASCI played a pivotal role in navigating these manipulative practices, posing serious threats to consumers, particularly in the online realm, and aligning with the Unfair Trade Practices and Misleading Advertisements of the Consumer Protection Act, 2019.
Acknowledging the impact of influencers, ASCI released comprehensive reports and updated guidelines. Influencer-related complaints totalling 2,039 and constituting 26 percent of total ads processed, and consultation with the government, prompted ASCI to enhance its guidelines (originally released in May 2021), focusing on categories like BFSI and health.
In response to the promotion of restricted product categories, particularly evident in high-profile celebrity campaigns during major sporting events using brand extensions, ASCI took a decisive stand. ASCI urged advertisers to align the advertising budgets of brand extensions with the respective extension’s turnover, aiming to curb deceptive advertising practices.
ASCI partnered with the Unstereotype Alliance, under the guidance of UN Women and with the support of Kantar, to release the report, DI in Advertising. This collaborative effort culminated in the hosting of the D&I Edge Summit by ASCI and Unstereotype. The event aimed to recognise the influential role of advertising in shaping cultural narratives and mass perceptions. Attended by over 250 participants, including leaders and renowned speakers, the event provided valuable insights into how advertising can contribute to building a more equitable world.
Regulating the quick-morphing advertising landscape will always remain a challenge. The surge in digital advertising, characterised by high volumes and short campaign durations, poses unique challenges for self-regulation. The FICCI Frames report estimated a 30 percent growth in digital advertising to Rs 49,900 crore, outpacing the relatively slower growth of 13 percent and 2 percent in print and TV, respectively.
At ASCI, digital media remained the top violator, accounting for 75 percent of violations in 2023, followed by print at 21 percent. ASCI’s robust suo moto surveillance mechanism, along with its AI-based tracking, played a pivotal role in expanding its digital scrutiny, casting a wide net to ensure comprehensive monitoring.
What’s ASCI’s outlook for 2024?
ASCI envisions a broader impact as a proactive self-regulator, transitioning to a “culture of responsibility.” This involves a commitment to education, training, and research through the ASCI Academy, focusing on research studies and educational endeavours. ASCI aims to equip the industry with the tools and knowledge needed to uphold ethical advertising practices, focusing on prevention, cultivating a culture of responsibility, and fostering collaboration across stakeholders.
ASCI’s journey in 2023 underscores its commitment to ethical advertising, strategic vision, and global impact. Through self-regulation, transparency, and collaboration, ASCI aims to shape India’s advertising landscape, setting new standards for responsibility and innovation.