AAAI

INTRODUCTION -
On September 21, 1945, 60 years ago, Advertising Agencies Association of India (AAAI) was registered
as a society in Calcutta. 4 agencies from Calcutta – D J Keymer, General Advertising Agency, J Walter
Thomson Co. and Press Syndicate – and 3 agencies from Bombay – Adarts, Lintas and National
Advertising Service – were the signatories in the registrar’s office doing the honours. Initially the
registered office of the Association was located at 37, Chowringhee, Calcutta. Calcutta, under the British
Raj, was a vibrant commercial city. In 1961, the AAAI office was shifted to Bombay.
What was the size of the ad industry then? The Government’s own Press Commission in 1953 noted that
the value of print advertising was Rs. 35 million. Other media spends were estimated at another Rs. 15
million.
In such an era, these were some real bold men, who felt the need to create a platform to promote
advertising, as a professional activity!
In summary, AAAI, over the last six decades, has stood by its members and have protected their
business interests, be it in dialogue with Government, media bodies or advertisers; AAAI has regulated its
members in the orderly conduct of their business affairs, whenever the need arose; And last, but not the
least, AAAI provided a platform for training of advertising professionals, recognition of creative work
through its coveted Triple-A Awards and honouring outstanding advertising men through its AAAI-
Premnarayen Award.
AAAI has thus come a long way from its humble beginnings 60 years ago. But as they say, the future is
always more exciting than the past.
AAAI is alive to the changes that the future holds out and the next decade would be a stimulating period,
ushering the advertising industry in newer challenges and opportunities.

OBJECTIVES –

The Advertising Agencies Association of India (AAAI) is the official, national organization of advertising
agencies, formed to promote their interests so that they continue to make an essential and ever-
increasing contribution to the nation, by working towards the following objectives:

To benefit Indian consumers and to protect their interests by helping ensure that advertising is honest and
in good taste.

To benefit Indian advertisers by promoting their sales, increasing their sales and increasing productivity &
profitability, to stimulate business and industrial activity.

To benefit media by establishing sound business practices between advertisers and advertising agencies
and each of the various media owners.

To benefit the nation by harnessing advertising for the good of the country, its institutions, its citizens; to
co-operate with the Government in promoting its social objectives and in the task of nation-building.

To question advertising that is wasteful and extravagant; to make it possible for the small entrepreneur to
grow through advertising and to compete with the biggest; to encourage market and media research; to
serve society by meeting its social responsibilities.

To encourage the interest of young individuals in the business of communication, to assist in education
and training programmes and to provide information of benefit to members. Non-members are also
provided this service for a fee.

To establish a common platform in building and sustaining the prestige of the advertising profession and
to serve as a spokesman against unwarranted attacks or restrictions on advertising.
To establish a forum where representatives of advertisers, advertising agencies, media owners and
Government can meet on mutual ground and examine problems of mutual concern.

To offer effective co-operation and liaison with Government officials and bodies for the purpose of
broadening their understanding of the role of advertisers, advertising and advertising agencies.

To co-operate with Government bodies in discussion of matters such as taxes, radio and TV advertising,
legislation, political campaign advertising, controls on pharmaceuticals, tobacco or liquor advertising and
other subjects of similar complexity and sensitivity.

The AAAI today is truly representative, with a very large number of small, medium and large-sized
agencies as its members, who together account for almost 80% of the advertising business placed in the
country. It is thus recognized at all forums -- advertisers, media owners and associations, and even
Government -- as the spokesperson for the advertising industry.

FUNCTIONS –

The AAAI functions through the active, voluntary services of a President, a Vice-President, an Honorary
Secretary, an Honorary Treasurer and an Executive Committee assisted by a full-time Secretary-General
and his staff. The Association maintains a permanent office, which is located at: 35 Maker Tower 'F', 3rd
Floor, Cuffe Parade, Mumbai 400 005.

Conventionally, a very senior agency person represents each member agency in the AAAI.

The President and other office-bearers are elected every year by the General Body, which comprises all
representatives of member agencies. In addition, some Executive Committee Members are co-opted to
the Executive Committee and an effort is made to ensure that all zones and groups of agencies (by size)
are represented on this Committee.

Assisting the above groups are various Sub-committees, each looking after specific activity areas of the
Association, and Regional Conveners who co-ordinate members' activities in different regions of the
Country.

The Executive Committee, the Regional Conveners and various Sub-Committees meet very regularly and
information is constantly shared with all members.

The AAAI is thus a true association, in the sense that nearly half of all members are directly involved with
one or more of the active committee groups and the remaining members are in touch through direct
communication.

ASCI
INTRODUCTION -

Advertising Standards Council of India is a self regulatory voluntary organization of the advertising
industry.

The Advertising Standards Council of India (ASCI), established in 1985, is committed to the cause of Self-
Regulation in Advertising, ensuring the protection of the interests of consumers. The ASCI was formed
with the support of all four sectors connected with Advertising, viz. Advertisers, Ad Agencies, Media
(including Broadcasters and the Press) and others like PR Agencies, Market Research Companies etc. Its
main objective is to promote responsible advertising thus enhancing the public's confidence in
Advertising.

ASCI is represented in all committees working on advertising content in every Ministry of the Government
of India. ASCI’s Code for Self-Regulation in Advertising is now part of ad code under Cable TV Act’s
Rules. Violation of ASCI’s Code is now violation of Govt. rules. ASCI’s membership of The European
Advertising Standards Alliance (EASA) ensures that it gets valuable advice, learning and even influence
at the international level.

The Consumer Complaints Council is ASCI's heart and soul. It is the dedicated work put in by this group
of highly respected people that has given tremendous impetus to the work of ASCI and the movement of
self-regulation in the advertising. This group comprise of 21 drawn from various disciplines. 12 are
eminent people not associated with advertising ( such as lawyer, doctor, journalist, teachers, technical
experts consumer activities etc.) and 9 are from industry (advertiser, media, ad agencies and allied
professionals.

ASCI thus aims to achieve its own overarching goal: to maintain and enhance the public's confidence in
advertising.

ORGANISATION: The Board of Governors (16 members) ensures equitable representation of

Advertisers, Agencies, Media and other Advertising Services, the individual member firms being leaders
in their respective industries or services. The Consumer Complaints Council (CCC) (21 members) has 12
Non-Advertising professionals representing civil society, who are eminent and recognised opinion leaders
in their respective disciplines such as Medical, Legal, Industrial Design, Engineering, Chemical
Technology, Human Resources and Consumer Interest Groups; 9 are advertising practitioners from our
member firms.

The ASCI code of Advertising Practice is mentioned in 4 Chapters:

Chapter – 1: To ensure truthfulness and honesty of representations and Claims made.
Chapter –2: To ensure advertisement is not offensive to generally acceptable standard of Public
Decency.
Chapter – 3: To safeguard against indiscriminate advertisement in situation or of the promotion of
products which are regarded as hazardous or harmful to society or to individuals particularly minors.
Chapter – 4: To ensure that advertisement observes fairness in competition:
Chapter – 1

 Advertisement should be truthful. All descriptions, claims and comparisons, which relate to matters of
objectively ascertainable fact, should be capable of substantiation.
 Advertisement claims expressly stated based on or supported by independent research or
assessment, the source and date of this should be indicated in the advertisement.
 Advertisement involving brand ambassadors should have exclusive agreements with them.
 Advertisement shall not distort facts; mislead the consumer by means of implicit omissions.
 Advertisement shall not be framed to abuse the trust of the consumers or exploit their knowledge, by
their lack of experience.
 Products described “Free” shall clearly state what is “free” and what is not- no hidden cost.
 Product offered “free” on purchase of another product should be of same quality unless specifically
stated.
 Claims “Up to 5 years”, or “Price as low as” are not acceptable if there is a likelihood of being
consumer being mislead either to the extent of their availability or applicability.
 Special care or restraint to be exercised in advertisement addressed to those who is suffering from
weakness, or any physical inadequacy.
 Advertisement inviting public to invest money shall contain “reference to read Risk Clauses”.
 Advertisement inviting public to participate in lotteries or prize competition permitted under the law
shall specify all the terms viz Tax Deductions at Source, The Government Sponsored/Authorized
schemes, terms and conditions of the contest etc.
 In the case of Mass manufacture of products and services occasional unintentional lapse are
permitted in fulfillment of an advertised promise or claim, if the defect falls within generally accepted
limits of Quality Control, and the advertiser has taken prompt action to make good the deficiency.
Chapter – 3

To safeguard against indiscriminate use of advertising in situation of the promotion of product, which are
regarded as hazardous or harmful to society or to individuals, particularly minors, to a degree or a type,
which is unacceptable to society at large.

No advertisement shall be permitted which:

 Tend 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 or convey the modus operandi of any crime.
 Advertisement affects friendly relations with foreign State.
 Advertisements addressed to minors shall not contain anything, whether in illustration or otherwise,
which might result in their physical, mental or moral harm or which exploits their vulnerability.
 Should not encourage minors to enter strange places
 Should not feature dangerous or hazardous acts, which are likely to encourage minors to emulate
such acts, which could cause harm or injury.
 Should not show minors playing with inflammable or explosive substances.
 Should not feature minors for tobacco or alcohol based products.

Advertisement should contain nothing, which is in breach of law, nor omit anything, which the law
requires.

Advertisement shall not propagate products, which are banned under the law.
Advertisement for products whose advertisement is banned or restricted by law or by this code must not
circumvent such restrictions by purporting to be advertisement for other products.

Chapter – 4
To ensure that the advertisement observes fairness in competition such that the consumer’s need to be
informed on choice in the market place.

Advertisement containing comparison with other manufacturers or suppliers or with other products
including those where a competitor is named, are permissible in the interest of vigorous competition and
public enlightenment provided:

 It Is clear which aspects of the advertiser’s product has been compared with what aspects of
competitors 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 comparison are factual, accurate and capable of substantiation

 There is a likelihood of the consumer being mislead as a result of the comparison, whether about the
product advertised or that with which it is compared.
 The advertisement does not unfairly denigrate attack or discredit other products, advertisers or
advertisement directly by implication.

Advertisement shall not make unjustifiable use of names, initials of the other firm, company or institution,
nor take unfair advantage of the goodwill attached to the Trade Mark or symbol of other firm’s.

Advertisement shall not be similar to any other advertiser’s earlier run advertisement in general lay out,
copy, slogans, visual representation, music or sound effects, so as to suggest plagiarism .

FUNCTIONS –

The Role and Functioning of the ASCI & its Consumer Complaints Council (CCC) in dealing with
Complaints received from Consumers and Industry, against Ads which are considered as False,
Misleading, Indecent, Illegal, leading to Unsafe practices, or Unfair to competition, and consequently in
contravention of the ASCI Code for Self-Regulation in Advertising.

ASCI are a voluntary self-regulatory council, registered as a not-for-profit Company under section 25 of
the Indian Cos. Act. The sponsors of the ASCI, who are its principal members, are firms of considerable
repute within Industry in India, and comprise Advertisers, Media, Ad. Agencies and other Professional
/Ancillary services connected with advertising practice.
The ASCI is not a Government body, nor does it formulate rules for the public or for the relevant
industries. The Purpose and the Mission of the ASCI is spelt out clearly in the literature provided.

You will appreciate that if an AD is to be reviewed for its likely impact on the sensibilities of individual
viewers of TV, or readers of press publications, we require to convey to the Advertiser concerned, the
substantial issues raised in the complaint, in the exact context of the specific Ad, as conveyed by the
perception of the complainant, and to elicit the appropriate response by way of comments from the
Advertiser.

Only then will the CCC, of the ASCI, be in a position to deliberate meaningfully on the issues involved,
and to arrive at a fair and objective conclusion, which would stand the scrutiny of all concerned with the
right to freedom of expression, and the freedom of consumers to choose the products /services made
available to them in the market-place.

For this we require in each case a clearly readable copy or clipping of the Ad under complaint, with full
particulars of name and date of publication, or a printout of an Ad or promotion on a Website or in case of
a T.V. Commercial, the channel, date and time or programme of airing, and a description of the contents
of the TVC, along with a hard copy of the complete complaint preferably signed by the complainant.

As a policy we do not disclose the identity of the complainant to the Advertiser.

The ASCI receives and processes complaints against Ads, from a cross section of consumers, the
general public and Industry, in the interests of all those who rely on advertising as a commercial
communication, and this covers individuals, practitioners in advertising, advertiser firms, media, ad.
agencies, and ancillary services connected with advertising.

In the case of complaints which were Upheld by the CCC, during the past year, it may interest you to
know that over 80% of such Ads have been withdrawn or modified appropriately by the
Advertisers/Agencies involved, and the concerned Media have also confirmed that they would not carry
such offending Ads/TVC. Secretary General

POWER -

ASCI's role has been acclaimed by various agencies including the Government. However, it lacked the
force of legal recognition. The Government of India has at last, taken note of this and by one stroke on
2nd August 2006 vide a notification in The Gazette of India: Extraordinary {Part II –sec. 3(i)}, made sure
that at least as far as TV Commercials go, they abide by the ASCI code. The amendment made in Cable
Television Networks Rules, 1994 through a Notification dated August 2nd, 2006 now states:

" (9) No advertisement which violates the Code for Self-Regulation in Advertising, as adopted by the
Advertising Standards Council of India (ASCI), Mumbai for public exhibition in India, from time to time,
shall be carried in the cable service".
 REPORT OF CONSUMER COMPLAINTS COUNCIL (CCC)

COMPLAINTS THAT WERE UPHELD BY THE CCC

From April 2009 to March 2010

Sr. Advertiser / Agency Claim / Description of Complaint ASCI Code/

No. / Media Ad/ TVC
CCC Decision

# Intra-Industry Complaints * ASCI Member $ Complaint received from Consumer Representational Organisation

Advertisements Modified Appropriately / Withdrawn / Concluded

1. Videocon Claims - “Eco-Friendly (Complaint received in 2/2009) April 2009

Industries Ltd washing machines”, Advertiser should substantiate
“Designed to not just the claims on the basis of Chapter I.1.
(Videocon Washing care for your clothes, technical data for “water
Machines) Claims not
but also conserve consumption” as well as
substantiated.
water, save energy”. “energy saving”.

How does the product qualify to

Saatchi &
be eco-friendly? Ad withdrawn.
Saatchi(*)

Business India(*)

(2/2009 issue)

2. Go Airlines (India) Ad offer - “1 free ticket (Complaint received in 5/2009) June 2009
Pvt Ltd for every 5 flights taken This offer was not made good
on GoAir flights, all to the Complainant. Chapter I.4.
(Free Flight Offer) flights to be taken
Claim/offer made
before March 31,
on the Advertiser’s
2009”.
website was
Ad on website misleading
 Advertiser
assured that they
have made good
the offer to the
Complainant.

3. Bajaj Auto Ltd(*) TVC shows – “the rider (Complaint received in 5/2009) June 2009
of the bike driving at a
(Bajaj XCD very high speed and at Ad is dangerous. Clause C of the
Motorbike) a dangerous angle from Guidelines on
the earth”. Advertisements for
Automotive
Vehicles.
O & M(*)
Cautionary
message in the
TVC aired on TVC was
various channels inadequately
readable.

TVC has been

modified
appropriately by
increasing the
size of the
cautionary
message.

Advertiser
assured that the
said TVC will not
be aired in future.

4. Hero Honda Motors TVC shows - “a film (Complaint received in 5/2009) June 2009
Ltd(*) star riding on Hero
Honda Motorbike and is Ad is dangerous. Clause C of the
(Hero Honda driving a helicopter on a Guidelines on
Motorbike) very high surface”. Advertisements for
Automotive
Draft FCB-Ulka(*) Vehicles.

TVC aired on Cautionary

 various channels message in the
TVC was
inadequately
readable.
Advertiser
assured
appropriate
modification of
the TVC.

5. Hyundai Motor Ad headline - “Leave (Complaint received in 5/2009) June 2009

India Ltd the city behind, with the Headline is similar to the
Hyundai Verna” headline copy created and Chapter IV.3.
(Hyundai Verna) released for Ford Fiesta –
# Headline copy of
“Fiesta leaves the city far
the Advertiser’s Ad
behind”.
was similar to that
Deccan of the headline
The blatant use of the copy by
Chronicle(*) copy of the
Hyundai Verna will confuse and
dilute Ford Fiesta’s Complainant’s Ad.
(5/2009)
communication recall.
Ad released by
the local dealer
has been
withdrawn.

6. Idea Cellular Ltd TVC shows - “people (Complaint received in 7/2009) July 2009
from different TVC encourages an unsafe act
(Idea) professions on various of walking while talking on the Chapter III.3.
locations and situations mobile phone, which could
Some action
walking and talking on cause injury to a person or
sequences as
Lowe Lintas(*) mobile, two men others or both.
depicted in the
carrying a huge
TVC, shows
hoarding, climbing stair
dangerous
case, walking on the
NDTV Imagine(*) (Seven similar complaints practices and
pavement, etc”.
received against the same manifest a
(7/2009) TVC). disregard for safety
without justifiable
reason.
 TVC modified.

7. Reliance Claim – “Reliance is the (Complaint received in 9/2009) September 2009

Communications fastest mobile broadband
Ltd(*) service in India” Advertiser claims to be the fastest Chapter I.1.
mobile broadband service in
(Reliance India, without specifying the Claim was not
Netconnect maximum/minimum speed. substantiated with
Broadband) comparative data of
Advertiser should specify the other mobile
minimum speed as per TRAI services.
rules.
Tribal DDB India TVC suspended.
Advertiser assured
AXN(*) appropriate
modification of the
(8/2009)
TVC.

8. T. I. M. E. Claims - “India’s No.1 (Complaint received in 7/2009) September 2009

CAT training Institute is
(Coaching for CAT now No.1 in Delhi- Advertiser has failed to disclose Chapter I.1.
for IIM Entrance) NCR”, “1000* T.I.M.E. the parameters on which it has
claimed to be No.1 in India as Claim, “India’s No.1
# students have gained
well as in Delhi/NCR. CAT training
final admission into the
institute”, not
The Times of IIMs in CAT’08”.
Advertiser needs to submit the substantiated with
India(*) parameters taken into account comparative data of
while deciding whether a other institutes.
(6/2009)
student who got admitted in any
IIM is actually their student or
not. Also they should submit
Subsequently, the
the data of 1000 NCR/Delhi
Advertiser
students along with their course
provided proof in
details.
substantiation of
the said claim.