A report by the Advertising Standards Council of India (ASCI) shedding light on “objectionable” commercials by the personal care sector is the latest among a long list of activities that the body has undertaken over the past year, signaling a significant shift in its way of operating — keeping a close eye on the industry it is accredited to monitor.
Over the past couple of years, the voluntary self-regulatory organisation, comprising members from marketing, creative, media, and allied firms, has flagged problems and issued guidelines pertaining to ad disclaimers, influencer marketing, gender inclusivity, along with ads about cryptocurrency, edtech, and fantasy sports. Manisha Kapoor, CEO and secretary general of the body, says that the moves are a step towards becoming a “future-forward” organisation.
“We want to create an aware and enlightened advertising ecosystem with a balance of corrective and preventive strategies,” she said.
Kapoor highlighted two major reasons behind ASCI’s growing alacrity. First, the ad landscape is changing at a never-before pace, with shrinking campaign durations. This has brought about the need for real-time monitoring, she said. The body is also increasing investments in AI to try and curb violations.
Second, ASCI is trying to push the impact of self-regulation at the point of creation of ads and not just at the point of publication. This is why, apart from issuing guidelines, it has also published reports such as ‘GenderNext’, ‘What India Takes Offence To’, ‘Misleading Ads and Trademarks’ and ‘Dark Patterns’, aimed at stakeholders that include consumers, industries, and policymakers.
“We will continue to be nimble and collaborative, working with all stakeholders to ensure that the ASCI code is dynamic and keeps pace with the changes in the advertising ecosystem and society,” Kapoor said.
Experts say that the body has certainly evolved over the past few years. Samit Sinha, founder and managing partner, Alchemist Brand Consulting, said, “I think that there is greater involvement of professionals from the advertising and marketing fraternity than ever before.”
Others, however, have raised some concerns. While the legal recognition of ASCI’s role in regulating the advertising sector has been upheld by various court decisions in India, the challenge is that since it’s a voluntary organisation, its guidelines and recommendations apply to its members, and as such lack statutory force, explained Tanu Banerjee, partner, Khaitan & Co. This has long since led to it being called a “toothless tiger”.
Agrees Sandeep Goyal, managing director at Rediffusion, “ASCI is surely more active today on a lot of academic issues. But on key concerns such as surrogate advertising for alcohol, they remain toothless and intent-less.”
Karthik Nagarajan, an independent communications consultant, adds, “ASCI usually makes more news when they release guidelines, afresh, or updates. There are far fewer updates on those guidelines being enforced. It’d be useful if the body also released weekly/monthly reports on how it is enforcing rules on digital and influencer marketing. And if such reports include action on some of the better-known influencers, that should send a stronger signal about ASCI’s intent and remit.”
The body has several plans laid out for this year. “We will launch initiatives such as the ASCI Academy, which will be a milestone in the history of self-regulation in India. We are also planning a brand-influencer summit. In addition, we will continue to update our code for the industry. We will also continue our investments in monitoring ads,” Kapoor said.