The task before ASCI
The biggest challenge is to ensure that both the advertiser and his advertising are consumer-centric
or misleading. That apart, ASCI has set up a system that monitors advertising from all important categories under its National Advertising Monitoring Service. It also reviews complaints from the Department of Consumer Affairs portal and from the Food Safety and Standards Authority of India (FSSAI).
Many believe the ASCI Board sits on judgement or influences the outcome of adjudication against the socalled offending advertisements. In reality, there is an independent Consumers Complaints Council (CCC), which looks at the advertisements complained against. A majority of its members are drawn from civil society; only a minority have a marketing/advertising background. A decision is taken by CCC, based on the ASCI code that is violated.
ASCI is conscious of the fact that CCC’s recommendation to modify or withdraw an advertisement sometimes could disrupt the business of advertisers, their agencies or the media in which the message is run. It is equally conscious that it has no judicial powers and therefore it encourages advertisers to voluntarily take action in the interest of the consumer. Fortunately, a bulk of the advertisers comply with ASCI’s view on the “offending” advertisements and either withdraw or modify them.
ASCI’s advertising code has been adopted in the rules of Cable Television Networks (Regulations) Act, 1995, and therefore violating the ASCI code is an offence. ASCI is under obligation to inform the information and broadcasting ministry in case of non-compliance with a CCC decision. Similarly, according to the memoranda of understanding signed with the Department of Consumer Affairs and FSSAI, if an ad is found violating the ASCI code and compliance is not assured, ASCI brings them to the attention of the government.
Against that background, there are a few things on ASCI’s immediate agenda. The first is that the composition and role of CCC must be communicated to all constituents. That it is independent and that the Board has no role in determining the outcome of CCC recommendations will bring some comfort to advertisers. ASCI must also remind that its Code is based on what consumers expect from advertisers. And consumer-centric companies may voluntarily embrace the recommendations made by CCC, since these are the views of consumers themselves expressed through their representatives in CCC. Apart from seeking written responses/justification from the advertiser, there is a view that CCC should give advertisers more opportunities to express their views (on an advertisement against which ASCI has received a complaint) before placing them ex parte and deciding on it. ASCI should look at ways of doing that without delay.
The ASCI Board has only four positions each for advertisers, agencies, media and allied services. It could invite more people to attend its meetings as invitees/observers, so as to demonstrate that the decisions are fair and transparent. The apex body could seek applicants to be part of CCC when vacancies arise, but it must make sure through a process of due diligence that they don’t have a personal agenda. This will hopefully remove any doubt anyone might harbour on the composition of the CCC.
Over and above that, ASCI would continue to work closely with different arms of the government to make sure that it plays an active role in identifying misleading and offensive advertising with only consumers’ interest at heart. That way ASCI would be able build on the goodwill it has earned over its three decades.