THE CODE FOR

SELF-REGULATION
OF ADVERTISING
CONTENT IN INDIA
THE ASCI PLEDGE
TO ADVERTISE WITH A CONSCIENCE
To my organisation, business associates,
industry, and to society at large, I pledge:

To ensure Honesty, Truthfulness and Decency

in advertising, Non-exploitation of vulnerable
sections of society, especially children, and
Fairness in Competition.

I commit myself to Advertising with a

conscience.
INDEX
Introduction……………………………………………………………………………………………………… 01

The Code for Self-Regulation in Advertising……………………………………………… 02

Definitions………………………………………………………………………………………………………… 06
• Chapter I - Truthful & Honest Representation……………………………………… 09
• Chapter II - Non-offensive to Public………………………………………………………… 12
• Chapter III - Against Harmful Products and Situations………………………… 13
• Chapter IV - Fair in Competition……………………………………………………………… 15

Guidelines for Specific Category Ads

• Advertisements Depicting Automotive Vehicles…………………………………… 19
• Qualification of Brand Extension Product or Service ………………………… 20
• Advertising of Foods & Beverages (F&B)……………………………………………… 22
• Advertising of Educational Institutions and Programmes…………………… 24
• Disclaimers made in supporting, limiting or explaining
claims made in Advertisements………………………………………………………………… 27
• Validity & Duration of Claiming New/Improved…………………………………… 33
• Saving for Large Pack Comparison………………………………………………………… 34
• Advertising for Skin Lightening or Fairness
Improvement Products……………………………………………………………………………… 35
• Celebrities in Advertising ………………………………………………………………………… 37
• Usage of Awards/Rankings in Advertisements……………………………………… 39
• Advertising of Online Gaming for Real Money Winnings…………………… 44
• Influencer Advertising in Digital Media ………………………………………………… 46
• Advertising of Virtual Digital Assets and Linked Services ………………… 52
• Harmful Gender Stereotypes …………………………………………………………………… 56
ASCI'S RECOGNITIONS
Important provisions of the Acts of
Government Of India & Recognition of ASCI Code
by Key Stakeholders:

The ASCI Code is appended in the Cable

Television Networks Rules, 1994, Programme and
Advertising Codes, prescribed under the Cable
Television Network Rules, 1994
Rule: 7 - 'No advertisement which violates the
Code for self-regulation in advertising, as
adopted by the Advertising Standard Council of
India (ASCI), Mumbai, for public exhibition in
India, from time to time, shall be carried in the
cable service.'

Codes of Advertising issued by Doordarshan

acknowledge ASCI Codes. (Ref. Page 2, Item No.: 14)

The Department of Consumer Affairs (DoCA) had

partnered with ASCI to address all complaints pertaining
to misleading advertisements received on Grievances
Against Misleading Advertisements (GAMA) portal.
(Ref.gama.gov.in)

The ASCI Code is appended in the advertising guideline

by All India Radio. (Ref. Item No.: 13)

Disclaimer: Logos belong to the owners.

ASCI'S RECOGNITIONS
Important provisions of the Acts of
Government Of India & Recognition of ASCI Code
by Key Stakeholders:

The Food Safety and Standards Authority of India,

through an MoU, had partnered with ASCI to address
misleading advertisements in the Food & Beverages
sector, April 2016. (Ref. fssai.gov.in)

Ministry of AYUSH, through an MoU, has partnered with

ASCI to co-regulate misleading advertisements in the
AYUSH sector, January 2017. (Ref. ayush.gov.in)

ASCI was a member of the Steering Committee formed

by the Central Government to look into violations of the
Cigarettes and other Tobacco Products (Prohibition of
Advertisement and Regulation of Trade and Commerce,
Production, Supply and Distribution) Act, 2003
(Ref. Ministry of Health and Family Welfare Notification
dated, 9th June 2010, G.S.R. 489 (E))

The Drug Controller General of India (DCGI)

recognised self-regulation in advertising through
ASCl's Code, 2006.

Disclaimer: Logos belong to the owners.

ASCI'S RECOGNITIONS
Important provisions of the Acts of
Government Of India & Recognition of ASCI Code
by Key Stakeholders:

Insurance Regulatory and Development Authority Act

mentions adherence for insurance companies to ASCI
Codes. Ref. Item No.: 12 - Adherence to advertisement
code — Every insurer or intermediary shall follow
recognised standards of professional conduct as
prescribed by the Advertisement Standards Council of
India (ASCI), and discharge its functions in the interest
of the policyholders.

Appended in the Maharashtra Directorate of Technical

Education (DTE) Act
Ref. Item 13 - Every educational institution shall follow
the self—imposed discipline required under the
Advertising Standards Council of India Code for
self-regulation in advertising.

Transport Department, Government of NCT, Delhi has

recognised the ASCl Code.
Ref. Clause 2.3 - All advertisements must comply with
the code of advertising practice issued by the
Advertising Standards Council of India.

ASCI is a part of a committee constituted by

NATIONAL HIGHWAYS AUTHORITY OF INDIA (NHAI)
along with NCERT, SCERT to regulate the content of
automobile advertisements.

Disclaimer: Logos belong to the owners.

ASCI'S RECOGNITIONS
Important provisions of the Acts of
Government Of India & Recognition of ASCI Code
by Key Stakeholders:

The Supreme Court of India (SC), in its judgement dated,

12th January 2017, titled "Common Cause (A Regd.
Society) vs. Union of India of India and ORS", affirmed
and recognised the self-regulatory mechanism put in
place for advertising content by ASCI. (Ref. Supreme
Court of India order dated, 12th January 2017)
The Supreme Court Committee on Road Safety decided
that ASCI and the Society of Indian Automobile
Manufacturing (SIAM) will work out a mechanism to
telecast only advertisements conforming to road safety.
The Committee also complimented ASCI on the launch
of their WhatsApp number for registration of complaints
by consumers, and requested Director (Road Safety),
Ministry of Road, Transport and Highway to publicise
this number to increase awareness in the public.

ASCI's Code of Self-Regulation in Advertising is

appended in the Press Council of India's Norms of
Journalistic Conduct 2010 Edition. (Ref. Page 60,
Appendix II)

The ASCI Code is appended in Indian Broadcasting

Foundation's Self-Regulatory Guidelines for non-news
and current affairs programme.
Ref. Page 19, Item No. 4 - As per the Cable TV
Networks (Regulation) Act, all complaints related to
advertisements shall be regulated by Advertising
Standards Council of India (ASCI).

Disclaimer: Logos belong to the owners.

KEY REGULATORY STAKEHOLDERS FOR ASCI

Since 1st July, 2021

Disclaimer: Logos belong to the owners.

KEY REGULATORY STAKEHOLDERS FOR ASCI

Since 23rd August, 2019

Disclaimer: Logos belong to the owners.

INTRODUCTION
TO ASCI
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. ASCI seeks to ensure that
advertisements conform to its Code for Self-Regulation,
which requires advertisements to be legal, decent, honest
and truthful, and not hazardous or harmful, while observing
fairness in competition.

ASCI is a voluntary self-regulation council, registered as a

not-for-profit company under Section 25 of the Indian
Companies Act. The sponsors of ASCI, who are its principal
members, are firms of considerable repute within the
Industry in India, and comprise of advertisers, media,
advertising agencies and other professional / ancillary
services connected with advertising practices. ASCI is not a
government body, nor does it formulate rules for the public
or relevant industries.

01
 THE CODE FOR
SELF-REGULATION
IN ADVERTISING
PURPOSE
The purpose of the Code is to control the content of
advertisements, not to hamper the sale of products which
may be found offensive, for whatever reason, by some
people. Provided, therefore, that advertisements for such
products are not themselves offensive, there will normally
be no ground for objection to them in terms of this Code.

02
DECLARATION OF
FUNDAMENTAL PRINCIPLES
This Code for Self-Regulation has been drawn up by people in professions
and industries in, or connected with, advertising, in consultation with
representatives of people affected by advertising. It has been accepted by
individuals, corporate bodies and associations engaged in, or otherwise
concerned with, the practice of advertising, with the following as basic
guidelines, and with a view to achieve the acceptance of fair advertising
practices in the best interest of the ultimate consumer:

To ensure the truthfulness and honesty of representations and claims

made by advertisements, and to safeguard against misleading
advertisements.


To ensure that advertisements are not offensive to generally
accepted standards of public decency.

To safeguard against the indiscriminate use of advertising for the

promotion of products, which are regarded as hazardous to society
or to individuals to a degree, or of a type which is unacceptable to
society at large.

To ensure that advertisements observe fairness in competition so

that the consumer’s need to be informed of choices in the
marketplace and the canons of generally accepted competitive
behavior in business is both served.

The Code’s rules form the basis for judgement whenever there may be
conflicting views about the acceptability of an advertisement, whether it
is challenged from within or from outside the advertising business. Both
the general public and an advertiser’s competitors have an equal right to
expect the content of advertisements to be presented fairly, intelligibly and
responsibly. The Code applies to advertisers, advertising agencies and media.

03
 RESPONSIBILITY FOR THE
OBSERVANCE OF THIS CODE
The responsibility for the observance of this Code for Self-Regulation
in Advertising lies with all who commission, create, place or publish any
advertisement, or assist in the creation or publishing of any advertisement. All
advertisers, advertising agencies and media are expected not to commission,
create, place or publish any advertisement which is in contravention of this
Code. This is a self-imposed discipline required under this Code for Self-
Regulation in Advertising from all involved in the commissioning, creation,
placement or publishing of advertisements.

This Code applies to advertisements read, heard or viewed in India even if they
originate, or are published abroad, as long as they are directed to consumers
in India or are exposed to significant number of consumers in India.

THE CODE AND THE LAW

The Code’s rule are not the only ones to affect advertising.

There are many provisions, both in the common law and in the statutes,
which can determine the form or the content of an advertisement.

The Code is not in competition with law. Its rules, and the machinery through
which they are enforced, are designed to complement legal controls, not to
usurp or replace them.

“The Code for self-regulation in advertising has been recognised by the

Ministry of Information and Broadcasting, Government of India by inserting
Rule 7(9) in the Cable Television Networks Rules, 1994 framed under Cable
Television Networks (Regulation) Act, 1995.”

Rule 7(9) substituted by G.S.R. 459(E), dated 2-8-2006 provides that ‘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.’

04
41
DEFINITIONS

40
 DEFINITIONS
For the purpose of this Code:

• An advertisement is defined as a paid-for communication, addressed

to the public or a section of it, the purpose of which is to promote,
directly or indirectly, the sale or use of goods and services to whom it
is addressed. Any communication which in the normal course may or
may not be recognised as advertisement by the general public, but is
paid for, or owned or authorised by the advertiser or their advertising
agency would be included in the definition.

• A product is anything which forms the subject of an advertisement,

and includes goods, services and facilities.

• A consumer is any person or corporate body who is likely to be reached

by an advertisement, whether as an ultimate consumer, in the way of
trade, or otherwise.

• An advertiser is anybody, including an individual or partnership or

corporate body or association, on whose brief the advertisement is
designed, and on whose account the advertisement is released.

• An advertising agency includes all individuals, partnerships, corporate

bodies or associations, who or which work for planning, research,
creation or placement of advertisements, or the creation of material
for advertisements for advertisers, or for other advertising agencies.

• Media owners are organisations or individuals in effective control of

the management of media, or their agents. Media are any means used
for the propagation of advertisements and include press, cinema,
radio, television, hoardings, hard bills, direct mail, posters, internet,
digital etc.

• Children are defined as persons who are below the age of 12 years

• Any written or graphic matter on packaging, whether unitary or bulk,

or contained in it, is subject to this Code in the same manner as any
advertisement in any other medium.

• To publish is to carry the advertisement in any media, whether by

printing, exhibiting, broadcasting, displaying, distributing, etc.

06
STANDARDS OF CONDUCT
Advertising is an important and legitimate means for the seller to awaken
interest in his products. The success of advertising depends on public
confidence. Hence, no practice should be permitted which tends to impair
this confidence. The standards laid down here should be taken as minimum
standards of acceptability which would be liable to be reviewed from time to
time in relation to the prevailing norm of consumers’ susceptibilities.

07
41
THE CODE

40
CHAPTER - I
TRUTHFUL & HONEST
REPRESENTATION
To ensure truthfulness and honesty of representations and claims made by
advertisements, and to safeguard against misleading advertisements

1.1. 
Advertisements must be truthful. All descriptions, claims and
comparisons, which relate 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.

1.2. Where advertising claims are expressly stated to be based on, or

supported by independent research or assessment, its source and
date should be indicated in the advertisement.

1.3. 
Advertisements shall not, without permission from the person,
firm or institution under reference, contain any reference to such
person, firm or institution, which confers an unjustified advantage
on the product advertised or tends to bring the person, firm or
institution into ridicule or disrepute. If and when required to do
so by The Advertising Standards Council of India, the advertiser
and the advertising agency shall produce explicit permission from
the person, firm or institution to which reference is made in the
advertisement.

1.4. Advertisements shall neither distort facts nor mislead the consumer
by means of implications or omissions. Advertisements shall not
contain statements or visual presentation, 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.

1.5. 
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.

09
 Chapter - I
For example:

(a) 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 costs are payable by the consumer, a clear
statement that this is the case shall be made in the advertisement.

(b) 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 is no more than
the prevailing price of the product without the advertised incentive.

(c) Claims which use expressions such as “up to five years guarantee”
or “Prices from as low as Rs. 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.

(d) 
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, impotence, infertility, baldness and
the like, to ensure that claims or representations, directly or by
implication, do not exceed what is considered prudent by generally
accepted standards of medical practice and the actual efficacy of
the product.

(e) 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 amortisation; 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
advertisement.

(f) Advertisements inviting the public to take part in lotteries or prize

competitions permitted under law, or which hold out the prospect
of gifts, shall state clearly all material conditions as to enable
the consumer to obtain a true and fair view of their prospects in
such activities. Further, such advertisers shall make adequate
provisions for the judging of such competitions, announcement
of the results and the fair distribution of prizes or gifts according

10
 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 and results in the media
used to announce the competition, as far as is practicable and
advises the individual winners by post.

1.6. 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.

1.7. In mass manufacturing and distribution of goods and services it is

possible that there may be an occasional and unintentional lapse in
the fulfilment of an advertised promise or claim. Such occasional
and unintentional lapses may not invalidate the advertisement in
terms of this Code. In judging such issues, due regard shall be given
to the following:

(a) 
Whether the claim or promise is capable of fulfilment by a
typical specimen of the product advertised.

(b) Whether the proportion of product failures is within generally 

acceptable limits.

(c) Whether the advertiser has taken prompt action to make good
the deficiency to the consumer.

11
 CHAPTER - II
NON-OFFENSIVE
TO PUBLIC
To ensure that advertisements are not offensive to generally accepted
standards of public decency.

Chapter - II
Advertisements should contain nothing indecent, vulgar, especially in the
depiction of women, or nothing repulsive which is likely, in the light of
generally prevailing standards of decency and propriety, to cause grave and
widespread offence.

12
CHAPTER - III
AGAINST HARMFUL
PRODUCTS / SITUATIONS
To safeguard against the indiscriminate use of advertising in situations or
of the promotion of products which are regarded as hazardous or harmful
to society or to individuals, particularly children, to a degree, or of a type
which is unacceptable to society at large.

3.1. No advertisement shall be permitted which:

Tends to incite people to crime or to promote disorder and

(a) 
violence or intolerance.

Derides any individual or groups on the basis of race, caste,

(b) 
colour, religion, gender, body shape, age, sexual orientation,
gender identity, physical or mental conditions, or nationality.

(c) 
Presents criminality as desirable, or directly or indirectly
encourages people - particularly children - to emulate it, or
conveys the modus operandi of any crime.

(d) Adversely affects friendly relations with a foreign State.

3.2. 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, advertisements:

(a) 
Should not encourage children to enter strange places or
converse with strangers in an effort to collect coupons,
wrappers, labels, or the like.

(b) 
Should not feature dangerous or hazardous acts which are
likely to encourage children to emulate such acts in a manner
which could cause harm or injury.

(c) Should not 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.

13
 (d) Should not feature children for tobacco or alcohol-based products.

(e) 
Should not feature personalities from the field of sports
and entertainment for products which, by law, require a
health warning such as “………….. is injurious to health” in their
advertising or packaging.

3.3. Advertisements shall not, without justifiable reason, show or refer to

dangerous practices, or manifest a disregard for safety, or encourage
negligence.

3.4. Advertisements should contain nothing which is in breach of the

law, nor omit anything which the law requires.

3.5. Advertisements shall not propagate products, the use of which is

banned under the law.

Advertisements for products whose advertising is prohibited

3.6. 
or restricted by law or by this Code must not circumvent such
restrictions by purporting to be advertisements for other products,
the advertising of which is not prohibited or restricted by law, or by

Chapter - III
this Code. In judging whether or not any particular advertisement
is an indirect advertisement for a product whose advertising is
restricted or prohibited, due attention shall be paid to the following:

(a) 
Whether the unrestricted product, which is purportedly
sought to be promoted through the advertisement under the
complaint, is produced and distributed in reasonable quantities,
having regard to the scale of the advertising in question, the
media used and the markets targeted.

(b) 
Whether there exist in the advertisement under complaint,
any direct or indirect clues or cues which could suggest to
consumers that it is a direct or indirect advertisement for the
product whose advertising is restricted or prohibited by law or
by this Code.

(c) Where advertising is necessary, the mere use of a brand name

or company name that may also be applied to a product whose
advertising is restricted or prohibited, is not a reason to find
the advertisement objectionable, provided the advertisement
is not objectionable in terms of (a) and (b) above.

14
CHAPTER - IV
FAIR IN COMPETITION
To ensure that advertisements observe fairness in competition such that the
consumer’s need to be informed on choice in the marketplace and the canons
of generally accepted competitive behavior in business are both served.

4.1. 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:

(a) It is clear what aspects of the advertiser’s product are being
compared with what aspects of the competitor’s product.

(b) 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.

(c) 
The comparisons are factual, accurate and capable of
substantiation.

(d) There is no likelihood of the consumer being misled as a result

of the comparison, whether about the product advertised or
that with which it is compared.

(e) 
The advertisement does not unfairly denigrate, attack or
discredit other products, advertisers or advertisements directly
or by implication.

Advertisements shall not make unjustifiable use of the name or

4.2. 
initials of any other firm, company or institution, nor take unfair
advantage of the goodwill attached to the trademark or symbol of
another firm, its product or the goodwill acquired by its advertising
campaign.

Advertisements shall not be similar to any other advertiser’s

4.3. 
earlier run advertisements in general layout, copy, slogans, visual
presentations, music or sound effects, so as to suggest plagiarism.

15
 4.4. As regards matters covered by sections 2 and 3 above, complaints
of plagiarism of advertisements released earlier abroad will lie
outside the scope of this Code, except in the under-mentioned
circumstances:

(a) The complaint is lodged within 12 months of the first general

circulation of the advertisements/campaign complained
against.

(b) The complainant provides substantiation regarding the claim

of prior invention/usage abroad.

Chairman,
Board of Governors, ASCI
April 21st, 2022

Chapter - IV

16
41
GUIDELINES

40
SELF-REGULATION GUIDELINES
FOR ADVERTISEMENTS DEPICTING
AUTOMOTIVE VEHICLES
Preamble

Advertisements have a significant influence on people’s behaviour. As such,

advertisers are encouraged to depict advertisements in a manner which
promotes safe practices, e.g., wearing of helmets and fastening of seat
belts, not using mobiles/cell phones when driving, etc.

Guidelines

Specifically, advertisements should not:

a) Portray violation of traffic rules.

b) Show speed maneuverability in a manner which encourages unsafe

or reckless driving, which could harm the driver, passengers and/or
the general public.

c) Show stunts or actions, which require professional driving skills, in

normal traffic conditions, which in any case should carry a readable
cautionary message drawing viewer attention to the depiction of
stunts.

Chairman
Board of Governors, ASCI
April 1st 2008

19
 GUIDELINES FOR QUALIFICATION OF
BRAND EXTENSION-PRODUCT OR
SERVICE
In order to evaluate the genuineness of an unrestricted product, or service
brand extension of a product (e.g., liquor and tobacco) whose advertising
is prohibited by law, The Advertising Standards Council of India (ASCI) has
decided the following objective criteria to be used to qualify a correct brand
extension product or service (see Chapter Ill Clause 3.6 (a) of ASCI code):

Brand extension product or service should be registered with

1. 
appropriate Government authority e.g., GST/FDA/FSSAI/TM etc.

A) For a brand that is present in the market for >2 years, the
following criteria would apply

I. Sales turnover of the product or service should exceed Rs. 5 crore

per annum nationally, or Rs 1 crore per annum per state, where
distribution has been established.

II. A valid certificate from an independent organisation such as

NielsenIQ or category - specific industry association, or an
independent and reputed CA firm would be required to prove
the concerned criteria.

B) Brand extensions which have been launched in the market,

but have not yet completed two years must meet any one of
the following criteria:

I. Achieve a net sales turnover of Rs. 20 lakhs per month from

launch. Such sales should not be to a subsidiary or sister concern.

Demonstrate fixed asset investments which are exclusive to

II. 
the advertised brand extension of not less than Rs. 10 crore.
Such assets could be land, machines, factory, software, etc.,
Guidelines

in case the product is being manufactured/ developed by the

advertiser. No advertising related expense should be part of
such investments.

20
 III. 
In case the manufacturing/procurement of such brand
extensions is being outsourced, then evidence may include
board resolutions and purchase orders for long term (> 1
year) contracts with service providers/manufacturing entities,
stating their capacities, and contracted volumes/Rupee value,
which clearly demonstrate the possibility of achieving the
turnover as laid out in criteria 2B (I).

Give evidence of turnover greater than 10% of the turnover

IV. 
of the same brand in the restricted category (including sub
brands in the restricted category).

All the above evidence should be certified by a reputed and independent

CA firm.

Irrespective of the length of time the brand has been in the market, date of
launch would be considered as date of the first invoice for sale for the said
brand extension.

If a brand extension cannot meet the qualification criteria, for the purpose
of the ASCI code it would not be considered a genuine brand extension, but
rather a surrogate created to advertise a restricted category.

Chairman,
Board of Governors, ASCI
July 15th 2021

21
 SELF-REGULATION GUIDELINES ON
ADVERTISING OF FOODS & BEVERAGES
(F&B)
Preamble

Communication and advertisements related to F&B can have significant

impact on the lives of the public in general, and their physical and material
well-being in particular. It is therefore imperative that F&B advertisements
fulfil their intended roles, and advertisers adopt strict principles of
self-regulation, and not mislead the general public in any manner detrimental
to well-being. Caution and care should be observed in advertising of F&B,
especially ones containing relatively High Fat, Sugar and Salt (HFSS).
Recognising the need to promote high standards of business ethics, to
ensure commercial communications to consumers are responsible and the
need to provide honest and truthful information about food and beverage
products are met, the following guidelines are issued.

Guidelines

1) Advertisements should not be misleading or deceptive. Specifically,

advertisements should not mislead consumers to believe that
consumption of product advertised will result directly in personal
changes in intelligence, physical ability or exceptional recognition.
Such claims, if made in advertisements, should be supported and
substantiated with evidence and with adequate scientific basis.

2) 
Advertisements that include what consumer, acting reasonably,
might interpret as health or nutritional claims, shall be supported
by appropriate scientific evidence and meeting the requirement of
basic food standards laid down under the Food Safety Standards
Act and Rules, wherever applicable.

3) 
Advertisements should not disparage good dietary practice or
the selection of options, such as fresh fruits and vegetables that
Guidelines

accepted dietary opinion recommends should form part of the

normal diet.

22
 4) Advertisements should not encourage over or excessive consumption
or show inappropriately large portions of any food or beverage. It
should reflect moderation in consumption and show portion sizes
appropriate to the occasion or situation.

Advertisements should also not undermine the importance of

5) 
healthy lifestyles or mislead as to the nutritive value of the food or
beverage.

6) Advertisement should not undermine the role of parental care and

guidance in ensuring proper food choices are made by children.

7) Advertisements for food or beverages, unless nutritionally designed

as such, should not be promoted or portrayed as a meal replacement.

8) Claims in advertisements should not be inconsistent with information

on the label or packaging of the food or beverage.

9) Advertisement for food and beverages should not claim or imply

endorsement by any government agency, professional body, and
independent agency or individual in a particular profession in India,
unless there is prior consent, the claim is current, the endorsement
is verifiable, and the agency body is named.

Chairman
Board of Governors, ASCI
February 1st 2013

23
 ASCI GUIDELINES FOR ADVERTISING
OF EDUCATIONAL INSTITUTIONS,
PROGRAMMES AND PLATFORMS
Preamble

Educational institutions such as universities, colleges, schools, coaching

classes, Edtech platforms etc., which offer education and training
programmes, play a vital role in building the intellectual capital of India.
Parents place a very high value on the education of their children and are
known to make great personal sacrifices to enable their children get the right
education. Unlike a tangible product, where it is frequently possible to judge
the value of what is being offered by inspection and demonstration, in the
field of education and training, the value of a programme is judged mainly
by means such as degrees, diplomas and other qualification nomenclatures,
recognition, affiliations, testimonials, accreditations, admissions/job/
compensation promises – of which, the variety being advertised are many.

The advertising of these products and services can have an impact on the
minds of growing children and vulnerable parents. Therefore, in addition to
being truthful and honest, and complying with Chapter I of the ASCI code
that requires ads to be honest, ads must also consider any harm that can be
caused through the depictions or messages. Chapter III of the ASCI Code
requires advertisements addressed to children to not contain anything,
whether in illustration or otherwise, which might result in their physical,
mental or moral harm, or which exploits their vulnerability.

Guidelines

Further to complying with the general rules of ASCI’s Code for Self‑Regulation
in advertising, the advertisements of educational institutions, programmes
and platforms shall comply with the following guidelines:

1. The advertisement shall not state or lead the public to believe that an
institution or course or programme is official, recognised, authorised,
Guidelines

accredited, approved, registered, affiliated, endorsed or has a legally

defined situation unless the advertiser is able to substantiate with
evidence.

24
2.(a) An
 advertisement offering a degree, diploma or certificate, which
by law requires to be recognised or approved by an authority shall
have the name of that authority specified for that particular field.

2.(b) I n case the advertised institution or programme is not recognised or

approved by any mandatory authority, but is affiliated with another
institution, which is approved or recognised by a mandatory
authority, then the full name and location of the said affiliating
institution shall also be stated in the advertisement.

2.(c) T
 he name of the affiliating institution, as indicated in 2.(b), shall not
be less than 50% of the font size as that of the advertised institution
or programme in visual media such as print, internet, hoarding,
leaflet, prospectus etc., including television. In audio media such
as radio or TV, the name of the affiliating institution (if applicable),
must be stated.

Advertisement shall not state or lead the public to believe that

3. 
enrolment in the institution, programme or preparation course or
coaching classes will guarantee the student a rank, high marks,
temporary or permanent job, admissions to institutions, job
promotions, salary increase, etc. unless the advertiser is able to
submit substantiation to such effect. In addition, the advertisement
must carry a disclaimer stating ‘past record is no guarantee of future
prospects.’ The font size of the disclaimer should not be less than
the size of the claim being made in the advertisements.

Advertisements shall not make claims with a numerical value of

4. 
100% with respect to claims that are abstract and non-quantifiable
in nature. For eg: 100% Placement/Job assistance, 100% Job
opportunities/Job oriented courses.

5.(a) 
Advertisements shall not make claims regarding the extent of the
passing batch placed, the highest or average compensation of the
students placed, enrolment of students, admissions of students to
renowned educational institutes, marks and ranking of students passed
out, testimonial of topper students, institution’s or its programme’s
competitive ranking, size and qualification of its faculty, affiliation with
a foreign institution, institute’s infrastructure, etc. unless they are of the
latest completed academic year and substantiated with evidence.

25
 5.(b) A
 dvertisement stating the competitive rank of the institution or
its programme shall also provide the full name and date of the
publication or medium, which released the rankings.

5.(c) V
isuals of the infrastructure of any institution shown in an
advertisement shall be real and existing at the time of the
advertisement’s release.

5.(d) T
 estimonials of toppers in an advertisement shall be from students
who have completed the testimony programme, exams or subject
only from the advertising institute.

5.(e) A
 n advertisement stating the number of passing out students
placed for jobs shall also state the total number of students passing
out from the placed class.

6. An advertisement may not show school students compromising on

sleep or meals to study as this normalises unhealthy habits which
are detrimental to student health.

7. While an advertisement may show disappointment with low scores,

it must not portray an average or poor scorer as an unsuccessful
student or a failure, or show him/ her/ them as demotivated,
depressed or unhappy, or receiving less love or appreciation from
parents, teachers or peers.

8. An advertisement must not create a false sense of urgency or fear

of missing out that could accentuate anxieties amongst school
students, or their parents.

While an advertisement may feature students of any gender,

9. 
the advertisement must not suggest that certain subjects are
associated with particular genders alone. Advertisements must also
not suggest that students with high scores are always associated
with stereotypical characteristics such as wearing thick glasses. This
does not prevent advertisements from depicting such students so
long as they do not suggest that only these students are successful.
Guidelines

Chairman
Board of Governors, ASCI
March 9th 2023

26
ASCI GUIDELINES FOR DISCLAIMERS
MADE IN SUPPORTING, LIMITING
OR EXPLAINING CLAIMS MADE IN
ADVERTISEMENTS
Chapter I (4) of the ASCI code states that “Advertisements shall neither distort
facts nor mislead the consumer by means of implications or omissions.”
Therefore it is important that certain claims be appropriately explained to
ensure that consumers with average intelligence are not misled, nor deceived
by means of implications or omissions. These guidelines are meant to help
Advertisers, Agencies and the Media to better understand the rules in the
ASCI Code for Self-Regulation in Advertising in so far as they relate to
disclaimers used in Advertising.

Guidelines:
1) A Disclaimer can expand or clarify a claim, make qualifications, or
resolve ambiguities, to explain the claim in further detail, but should
not contradict/modify the material claim made nor contradict the
main message conveyed by the advertiser or change the dictionary
meaning of the words used in the claim as received or perceived
by a consumer.
For Example
• If the claim is to offer a product or service for “free”, then the
disclaimer should not contradict the claim by seeking some
form of payment for the product or service.
• If the claim is for giving “cash back”, the disclaimer should
not contradict the claim by giving the payback only in kind.
However, the disclaimer can explain that “cash back” can be
construed to mean virtual wallet or credit to be used as a form
of online payment.
• If the claim in the advertisement is for a discount on all products,
then the disclaimer should not limit the offer to only a few
select products.
2) 
A disclaimer should not attempt to suppress material information
with respect to the claim, the omission / absence of which is likely to
make the advertisement deceptive or conceal its commercial intent.

27
 For Example
• A claim of “best food processing equipment in India” should not
be disclaimed by stating “for vegetable processing only” or “in
major metros only”
• Disclaimer such as “T&C apply” should indicate where this
information is available to consumers for further reference.
3) A disclaimer should not attempt to correct a misleading claim made
in an Advertisement.
For Example
• A claim of internet speeds of “up to 10 mbps” should not be
limited to “between 12 am to 6 am only”.
• Disclaimer for a claim of “lose up to 2 kgs of weight” should not
be “when calorie consumption is limited to xx per day”.
4) Legibility of Disclaimers
The aim is to achieve a level of legibility that will enable an
a) 
interested viewer, who makes some positive effort, to read all the
information contained in the disclaimers. The general principles
in this section are intended to complement the more specific,
technical guidance in the sections that follow in order to achieve
this aim.
b) TV/ Video advertising is inherently limited by time and space.
Viewers can only reasonably be expected to absorb information,
if it is conveyed clearly. The use of disclaimer should, therefore,
be kept to a minimum. Long or otherwise complex disclaimers
with large blocks of text and difficult words are a deterrent to
viewers attempting to read the contents of the disclaimer. This
defeats the purpose of providing clarity regarding a material
claim made in the advertisement and the ASCI may conclude
that the advertisement, taken as a whole, does not comply with
the Code.
c) In such cases, alternative improvements should be considered
by the advertisers, for example:
i) Modification of the headline claim to reduce the need for
further qualification through disclaimers.

ii) Removal or modification of words or phrases that are not

Guidelines

simple and direct.

28
 iii) Breaking messages down into shorter, more viewer-friendly
phrases or sentences.

iv) Removal of words, phrases or sentences from the disclaimer

that serve no essential purpose but might detract from
more important information in the disclaimer or ad creative
more generally.

Advertisers should take all steps to ensure that the

v) 
disclaimer/s is/are kept to a minimum and are as straight-
forward and simple to comprehend.

Provided for the cases where the disclaimer is lengthy

vi) 
owing to compliance with regulatory requirement or to
adhere to ASCI’s disclaimer guidelines, the same shall not
be considered as an attempt by the advertiser to mislead or
deter the legibility of the disclaimer.
Requirements for the disclaimers also cover the following:
I. A disclaimer shall be in the same language as that of the claim/s of
the Advertisement. In case of bilingual advertisements, the disclaimer
should be in the dominant language of the advertisement.
II. The font type should be the same as the claim or sans serif for better
readability, and NOT in italics.
III. The placement position of disclaimers of a claim on packaging should
be in a prominent and visible space and should ideally be on the same
panel of the packaging as the claim.
The direction of disclaimers should be along the direction of the
IV. 
majority of the copy, such that no rotation of head or medium would
be needed to read it. Preferably, this should be along the natural
reading direction of the medium. Exceptions could be for small packs
with limited space (e.g., packaging less than 25 ml/gms).
V. For comparative claims, the basis of comparison must be stated in a
font size that is at least 25% of the font size of the claim which is being
made and positioned in close proximity of the claim i.e. immediately
next to or immediately below the claim.
VI. If the claim is presented as a voice over (VO), then the disclaimer
should be displayed in sync with the VO.

29
 VII. A disclaimer should be clear, distinct from the background, prominent
enough and legible. Disclaimer should be clearly readable to a
normally-sighted person reading the marketing communication once,
from a reasonable distance and at a reasonable speed.
i. Text height of the disclaimer in television commercials or videos
shall conform to the following:
1. For standard definition images, the height of the text lower
case elements shall be NOT LESS THAN 14 pixels [14 lines] in
a 576 line raster.
2. For high-definition images, the height of the text lower case
elements shall be NOT LESS THAN 26 pixels [26 lines] in a
1080 line raster.
3. For 4K/UHD images/video, the height of the text shall be
NOT LESS THAN 57 pixels [57 lines] in a 2160 line raster.
ii. In print advertising, the font size of disclaimers shall be NOT
LESS THAN 7 points for advertisements of 50 cc or less, NOT
LESS THAN 9 points for advertisements of 100 cc or less and
NOT LESS THAN 10 points for advertisements of more than
100 CC.
In static medium like hoardings or point-of-sale advertising,
iii. 
disclaimers should have font sizes equivalent to 2.6% of the
height of the medium and NOT LESS than 10 points font size.
For large hoarding of 400 sq. feet or more, the font size should
be NOT LESS than 100 points.
VIII. Visual presentation in terms of contrast and color, an advertiser shall
ensure that all disclaimers:
i. Be in a colour that contrasts with the background, such that it
allows the text to be clearly legible.
ii. Not be designed in a way such that the text keeps fading in and
out of vision. In such cases, it will normally be necessary to place
the text on an opaque single-coloured block.
IX. Comprehension - Disclaimers in advertisements should use simple
words that are easy to understand and avoid the use of unfamiliar
abbreviations or long and complex words that may not be readily
understood by a consumer.
Guidelines

30
 X. Hold duration and readability of disclaimer -
In television commercials or any other video advertisement
A. 
on digital media, all disclaimers should be clearly readable to
consumers. In a single frame in an advertisement:
i. There should not be more than one disclaimer
ii. The disclaimer should be restricted to two full length lines
(unless as mentioned in Clause 4(c)(vi)) and remain on
screen for AT LEAST 4 seconds for every line
B. Disclaimers that take up more than two full length lines are likely
to necessitate higher requirements for both size of text and the
duration of hold. Viewers must be given an appropriate length
of time to read the same. This part of the guidance outlines a
method for establishing the duration of hold in the context of a
particular advertisement.
In general, disclaimers should be held for a duration calculated
at the rate of 5 words per second. An additional ‘recognition
period’ should be added to the duration of hold calculated.
i. Where the disclaimers concerned contain:
(a) 9 words or fewer, the recognition period is 2 seconds; and
(b) 10 words or more, the recognition period is 3 seconds.
ii. For the purposes of calculating the duration of hold of a
disclaimer, all forms of text appearing on screen at any
one point in time should be counted. This includes both
disclaimer text and any text content in the main ad creative
regardless of where on screen it appears and whether or not
it is repeated in audio.
However, the following information when appearing in an
iii. 
advertisement, will be excluded from being included within
the requirement specified under this clause:
• a company name, brand name or logo;
• 
text that is included for reasons of a purely technical
legal nature unrelated to consumer protection or the
offer (in practice this will almost always apply only to film
and video trailer credits and to copyright disclaimers or
the like);

31
 • text that is purely incidental to the advertisement and
of such a kind that viewers will be unlikely to believe
contains information (e.g., text on packaging where this
is not being used to convey any part of the claim or
offer); and
• 
abstract signs such as ‘Rs’ or ‘%’ or decimal point, in
numbers or prices.
iv. Furthermore, the following miscellaneous expressions should
usually be counted as one word:
• e-mail addresses;
• internet URLs; and
• common abbreviations.
The factors influencing readability of disclaimers can work in combination
to frustrate viewers’ attempts to read and understand them. Advertisers are
cautioned that the ASCI will consider the factors individually and cumulatively
when investigating complaints.
XI. Speed for audio disclaimer - In advertisements in Radio / TV / Internet
etc., the speed of spoken disclaimers should not exceed 6 syllables
per second and its volume should be at the same volume level as the
rest of the audio.

Chairman
Board of Governors, ASCI
November 17th 2022

Guidelines

32
VALIDITY & DURATION OF CLAIMING
NEW/IMPROVED
DEFINITION PERIOD OVER WHICH
CAN BE CLAIMED
New The words “new” or “improved” The word “new”, “improved” or
must specify what aspect of an ‘improvement’ of a product
the product/service is new or may be used in advertisements
improved- viz the product’s only for a period of one (1)
utility, function, product design, year from the time the new or
package design, etc. improved product/service has
been launched/introduced in
the market.

Chairman
Board of Governors, ASCI
June 1st 2014

33
 GUIDELINE FOR SAVING FOR LARGE
PACK COMPARISON
Marketers may claim saving for a larger pack, provided the comparison is
made without any ambiguity by highlighting number of smaller pack units
versus the larger promotional pack (viz., “Save INR XX for a 2 KG pack as
compared to four 500 gm packs”). Words to be used “save” and not “off”.

Chairman
Board of Governors, ASCI
June 10th 2014

Guidelines

34
GUIDELINES FOR ADVERTISING OF
SKIN LIGHTENING OR FAIRNESS
IMPROVEMENT PRODUCTS
Preamble

While all fairness products are licensed for manufacture and sale by relevant
state Food & Drug Administrations (FDA) under the Drugs & Cosmetics Act,
there is a strong concern in certain sections of society that advertising of
fairness products tends to communicate and perpetuate the notion that
dark skin is inferior and undesirable. ASCI code’s Chapter III 1(b) already
states that advertisements should not deride race, caste, colour, creed or
nationality. Yet, given how widespread the advertising for fairness and skin
lightening products is, and the concerns of different stakeholders in society,
ASCI, therefore, felt a need to frame specific guidelines for this product
category.

Guidelines:

The following guidelines are to be used when creating and assessing

advertisements in this category.

1) Advertising should not communicate any discrimination as a result

of skin colour. These advertisements should not reinforce negative
social stereotyping on the basis of skin colour. Specifically, advertising
should not directly or implicitly show people with darker skin, in a
way which is widely seen as, unattractive, unhappy, depressed or
concerned. These advertisement should not portray people with
darker skin, in a way which is widely seen as, at a disadvantage of
any kind, or inferior, or unsuccessful in any aspect of life, particularly
in relation to being attractive to the opposite sex, matrimony, job
placement, promotions and other prospects.

2) In the pre-usage depiction of product, special care should be taken

to ensure that the expression of the models in the real and graphical
representation should not be negative in a way which is widely seen
as unattractive, unhappy, depressed or concerned.

35
 3) Advertising should not associate darker or lighter colour skin with
any particular socio-economic strata, caste, community, religion,
profession or ethnicity.

4) 
Advertising should not perpetuate gender-based discrimination
because of skin colour.

Chairman
Board of Governors, ASCI
August 14th 2014

Guidelines

36
GUIDELINES FOR CELEBRITIES IN
ADVERTISING
Preamble

Celebrities have a strong following and hence high credibility among consumers.
Therefore, advertisements featuring celebrities need to doubly ensure that
claims made in it are not misleading, false or unsubstantiated; so as not to harm
the interests of the consumers, especially for products or services which can
cause serious financial loss and physical harm. These guidelines are developed so
that the advertiser is guided to produce and release appropriate advertisements
featuring celebrities in it. Advertisements featuring celebrities or involving
celebrity endorsements would be subject to the following guidelines:

Guidelines:

a) 
Celebrities, for the purpose of these guidelines are famous and
well-known people, who are from the field of entertainment and
sports, and would also include other famous and well-known
personalities like doctors, authors, activists, educationists, etc. who
get compensated for appearing in advertising*.

b) All advertisements featuring celebrities should ensure that it does

not violate any of the ASCI code in letter and spirit. Celebrities are
expected to have adequate knowledge of these Codes and it is the
duty of the advertiser and the agency to make sure that the celebrity
they wish to engage with, is made aware of them.

c) 
Testimonials, endorsements or representations of opinions or
preference of celebrities must reflect genuine, reasonably current
opinion of the individual(s) making such representations, and must
be based upon adequate information about, or experience with, the
product or service being advertised.

d) 
Celebrity should do due diligence to ensure that all description,
claims and comparisons made in the advertisements they appear in,
or endorse, are capable of being objectively ascertained and capable
of substantiation, and should not mislead or appear deceptive.

The celebrity or his/her agent/manager must give a duly signed written

confirmation to ASCI that the celebrity has undertaken due diligence

37
 for the claims and representations made claims/endorsements made
in a given advertisement in which the celebrity appears.

e) Celebrities should not participate in any advertisement of a product

or treatment or remedy that is prohibited for advertising under

i) The Drugs & Magic Remedies (Objectionable Advertisements)

Act 1954 as updated from time to time (Link for preliminary
guidance http://cghealth.nic.in/CFDA/Doc/Acts&Rules/
Drugs%20and%20Magic%20Remedies%20(Objectionable%20
Advertisement)%20Act,%201954.pdf or

ii) 
The Drugs & Cosmetic Act 1940 and Rules 1945: (Schedule J)
as updated from time to time (Link for preliminary guidance
https://cdsco.gov.in/opencms/export/sites/CDSCO_WEB/Pdf-
documents/acts_rules/2016DrugsandCosmeticsAct1940Rules1945.
pdf
f) Celebrities should not participate in any advertisements for products
which, by law, require a health warning such as “………….. is injurious
to health” in their advertising or packaging.

g) 
The celebrity can either directly, or through their concerned agency,
choose to seek Endorser Due Diligence (EDD) from ASCI on whether the
advertisement potentially violates any provisions of the ASCI code and
any other legal statutes pertaining to advertising. If the advertisement
is developed fully following the EDD provided by the ASCI, then the
celebrity would be considered as having completed due diligence.

You may contact ASCI at [email protected] for seeking details

regarding EDD procedure or refer www.ascionline.in.

*Compensated Rs. 20 lakhs or above as per current limit for appearing

in a single advertisement or a campaign, or per year, whichever is more,
AND / OR is listed in top 100 celebrities as per any one of the current
and immediate past list of Forbes or the Times or Celebrity track report of
Hansa Research, or any such list which is intended to be indicative and not
exhaustive.
Guidelines

Chairman
Board of Governors, ASCI
April 21st, 2022

38
ASCI GUIDELINES FOR USAGE OF
AWARDS/RANKINGS IN
ADVERTISEMENTS
Preamble

Awards and rankings are increasingly being used by advertisers to make

superiority claims for their products and services in advertising.

Consumers, owing to a lack of knowledge, may be led into believing that

an award or ranking which is given to a brand, product, institute or service
makes it superior and/or more authentic. Some of the awards and rankings
are likely to mislead the consumer by communicating that the product or
service is a recognised one, and raise its esteem in the mind of the consumer
as evaluated by experts or by a large body of experts, whereas this actually
may not be the case.

It is, therefore, accordingly necessary, that awards and rankings used in

advertising should be sourced from credible, recognised, independent
bodies, which employ ethical processes, rigour and appropriate research, so
that superiority claims made by advertisers are substantiated and do not
mislead consumers.

This is particularly important for claims made by educational institutions, which

affect children’s education, career opportunities and future job prospects. In
the healthcare services area, this can severely impact patients’ health and
wellbeing. The guidelines are applicable for all Awards and Rankings claims
made in advertisements across categories.

Key reference for applicable ASCI chapters

Chapter I - To ensure the Truthfulness and Honesty of representations

and claims made by advertisers and to safeguard the consumer against
misleading advertisements:

1.1 Advertisements must be truthful.

1.2 Where advertising claims are expressly stated to be based on, or

supported by, independent research or assessment, the source and

39
 date of such independent research or assessment must be indicated
in the advertisement.

1.3 Advertisements shall not, without permission from the person, firm
or institution under reference, contain any reference to such person,
firm or institution, which confers an unjustified advantage to the
product advertised, or which tends to bring the person, firm or
institution into ridicule or disrepute.

1.4 
Advertisements should disclose all material facts, which if
suppressed or distorted, would mislead the consumer by implication
or omission.

1.5 Advertisements should be framed in such manner as to gain consumer

trust, and not exploit his/her lack of understanding or knowledge.

Guidelines

These guidelines are developed to guide advertisers for appropriate

reference to award/s or ranking/s, claim/s in advertising, and will assist the
advertiser to understand why ASCI’s Consumer Complaints Council (CCC)
may accept or reject the mention of a certain award or ranking.

1. Awards/rankings should not be used as an alternative for consumer

or scientific research or testing, which is required to substantiate a
superiority claim about the effective use or performance of products
or services.

2. Advertisements that refer to awards/rankings should indicate clearly

the name of the organisation that has provided the award/ranking
and the month and year in which the award/ranking was pronounced.

3. The validity of the award/ranking so used to substantiate a claim

should be of a period preceding the advertisement by not more
than 12 months in case the award follows an annual awarding cycle.
For awards that are valid for a longer period, claim substantiation
documents should provide evidence of validity of the same. In case
the awarding organisation has conducted another ranking exercise,
Guidelines

the previous ranks would automatically cease to be valid. In some

cases if the year of the award period is self-explanatory, then such
reference to the award being current is not applicable.

40
 4. The permission or consent of the person, institution or organisation
conferring the award/ranking should be obtained in writing before
being used in the advertisement.

5. Photographs of the award/certificate/awards function, or the list of

invitees to the award function, is by itself not sufficient evidence
to support the award. Additionally, details on the protocol/process
followed by the awarding/ranking organisation is required to
substantiate the claim.

6. Awards/rankings based on surveys done in one area (say, a city or

state) cannot be extrapolated to include a larger territory (say, India,
Asia, the world). Institutions cannot extrapolate data to substantiate
their claim. Additionally, awards/rankings given in one category
cannot be used to promote an institution in another category. For
example –

• If a university is ranked 25th on a national level, it cannot claim

that it is in the ‘Top 5’ in say, the North zone, unless the awarding
organisation publishes a zonal ranking as well.

• If the award is given to a particular department of a college

or to a college under a university, then the same cannot be
attributed to the college or university respectively.

7. To substantiate the award/ranking claim, the advertiser needs to give

an undertaking that there is no commercial relationship or conflict
of interest between the awarding organisation/the research agency/
jury members and the advertiser, and that they are two independent
entities. To be specific, there should be no direct or indirect payment
made by the advertiser to the institution or organisation granting
such award.

8. For a complaint lodged at ASCI against an advertisement claiming

award/ranking, the concerned advertiser would be required to
provide details on the protocol/process followed by the awarding/
ranking organisation for conferring the award/ranking on the
product/service. This would mean and include, but shall not be
limited to:

41
 The criteria for granting award/ranking, which should be
i. 
published and available in the public domain.

ii. The process followed, i.e., either via market research or by a

panel decision.

(a) If it is by means of a market research then its authenticity

needs to be supported for the following:

• 
The market research agency is a member of a
recognised market research association, such as
Market Research Society of India (MRSI) or ESOMAR.

• The sample size and methodology adopted.

If there has been no market research, but the award

(b) 
granted is based on a panel/jury decision, then in such
cases:

(1) The credentials and qualifications of the panel/jury

judging the subject of the claim made for the brand.

(2) 
The detailed process followed by the panel in
arriving at the decision.

(3) 
How many brands/products were assessed?
What was the criteria used, and what was the
methodology deployed by the panel in arriving at
its decision?

9. For a complaint lodged at ASCI against an advertisement claiming

award/ranking for a school/college/university/educational enterprise,
the concerned advertiser would be required to provide details on the
protocol/process followed by the awarding/ranking organisation for
conferring the award/ranking on the institution. This should include:

i. The evaluation parameters, which must be clearly specified and

the respective scores obtained by the educational institutions
on each parameter so specified.

ii. The parameters should cover various aspects, such as infrastructure,

Guidelines

students per class, faculty strength and profile, outcomes (academic

results/awards/higher studies), teaching methodology, sports
education, co-curricular activities, leadership and life-skills, etc.

42
 iii. Only when a multi-faceted evaluation is done, can there be
a fair evaluation of the quality of education provided by an
educational institution.

iv. Where multiple parameters are used, the weightages between

the various parameters need to be indicated.

10. For a complaint lodged at ASCI against an advertisement claiming

award/ranking for a healthcare enterprise/hospital/treatment, the
concerned advertiser would be required to provide details on the
protocol/process followed for conferring the award/ranking on the
product/service. This should include:

i. 
Evaluation parameters, which are clearly specified and the
scores obtained by leading healthcare providers on each
parameter is published.

ii. 
The parameters should cover various aspects such as,
infrastructure, number and profile of doctors, their experience
and qualifications, patient care outcomes, innovation in
treatment/protocols, and impact on business operations or
patient care outcomes and medical KPIs.

iii. Where multiple parameters are used, the weightages between

various parameters needs to be indicated.

iv. 
Where doctor, patient or general public perception is
incorporated in the evaluation process, the study should be
collected by an independent reputable agency. The sample
size and spread, target group definition, sampling method and
the field control procedures should be clearly specified.

The questionnaire and data collection records should be

v. 
available to ASCI for review.

Chairman
Board of Governors, ASCI
April 21st, 2022

43
 ASCI GUIDELINES FOR ADVERTISING
OF ONLINE GAMING FOR REAL MONEY
WINNINGS
Preamble:

Online gaming, where consumers are required to put up money for a

possibility of cash or equivalent winnings, has become immensely popular.
Such games are called “ONLINE GAMING FOR REAL MONEY WINNINGS”.
Vast amounts of resources are being spent to establish new brands and new
formats in this category. Such games fall under state jurisdictions, and from
time to time, they may be allowed or disallowed through notifications or
enactment of laws. It is not within ASCI’s jurisdiction to decide the legality
of such games, and objections related to the legality of such games, and
the appearance of their advertisements in specific media are outside of
ASCI purview, and must be taken up with the concerned sector regulators
within the government. ASCI can process complaints regarding the
advertising content of ‘Online Gaming for Real Money Winnings’, when such
advertisements potentially violate the ASCI code. Such games entail an
element of risk through financial losses. Such games may also be addictive
in nature. Some advertisers have proactively put disclaimers to warn the
public on both issues. However, there is a need to standardise the same as
well as ensure that all advertisements in the category carry the required
warnings.

For advertisements of ‘Online Gaming for Real Money Winnings’ the

following specific guidelines have been developed to guide advertisers
to so that their advertisements do not violate the ASCI code pertaining
to misleading advertisements (Chapter I), or of being harmful to society
or individuals (Chapter III). These guidelines would be applicable to the
content of all advertisements of ‘Online Gaming for Real Money Winnings’.

Guidelines:

1. No gaming advertisement may depict any person under the age of
Guidelines

18 years, or who appears to be under the age of 18, engaged in

playing a game of ‘Online Gaming for Real Money Winnings’ or
suggest that such persons can play these games.

44
 Every such gaming advertisement must carry the following
2. 
disclaimer:

Print/static: This game may be habit-forming or financially

a. 
risky. Play responsibly.

i. Such a disclaimer should occupy no less than 20% of the

space in the advertisement.

iI. It should also SPECIFICALLY meet disclaimer guidelines 4 (i)

(ii) (iv) (viii) laid out in the ASCI code.

b. Audio/Video: This game may be habit-forming or financially

risky. Play responsibly.

i. Such a disclaimer must be made at a normal speaking pace

at the end of the advertisement and be presented for a
minimum of 4 seconds.

ii. It must be in the same language as the advertisement.

iii. 
For audiovisual mediums, the disclaimer needs to be in
both the audio and visual formats.

iv. The disclaimer should be presented in a way that is clear

from other actions/effects/claims/text/audio that may
distract the consumer.

3. 
The advertisements should not present ‘Online Gaming for Real
Money Winnings’ as an income opportunity or an alternative
employment option.

4. The advertisement should not suggest that a person engaged in


gaming activity is in any way more successful as compared to others.

Chairman
Board of Governors, ASCI
April 21st, 2022

45
 GUIDELINES FOR INFLUENCER
ADVERTISING IN DIGITAL MEDIA
DEFINITIONS

Influencer
An Influencer is someone who has access to an audience and the power
to affect their audiences’ purchasing decisions or opinions about a
product, service, brand or experience, because of the influencer’s authority,
knowledge, position, or relationship with their audience.

Virtual Influencer
Virtual influencers, are fictional computer generated ‘people’ or avatars
who have the realistic characteristics, features and personalities of humans,
and behave in a similar manner as influencers.

Material connection
A material connection is any connection between an advertiser and
influencer that may affect the weight or credibility of the representation
made by the influencer. Material connection could include, but is not limited
to benefits and incentives, such as monetary or other compensation, free
products with or without any conditions attached including those received
unsolicited, discounts, gifts, contest and sweepstakes entries, trips or
hotel stays, media barters, coverage, awards, or any family or employment
relationship, etc.

Digital media
Digital Media is defined as a means of communication that can be transmitted
over the internet or digital networks, and includes communication received,
stored, transmitted, edited or processed by a digital media platform. Digital
media includes but is not limited to:

1) 
Internet (advergames, sponsored posts, branded content,
promotional blogs, paid-for links, gamification, in-game advertising,
teasers, viral advertising, augmented reality, native advertising,
Guidelines

connected devices, influencers, etc.)

46
 2) 
On-demand across platforms, including near video on demand,
subscription video on demand, near movie on demand, free video
on demand, transactional video on demand, advertising video on
demand, video on demand, pay per view, etc.

3) Mobile broadcast, mobile, communications content, websites, blogs,

apps, etc./digital TV (including digital video broadcasting, handheld
and terrestrial), etc.

4) NSTV (non-standard television)

5) DDHE (digital delivery home entertainment)

6) DTT (digital terrestrial television)

Preamble:
As digital media becomes increasingly pervasive and more consumers
start to consume advertising on various digital platforms, it has become
important to understand the peculiarities of these advertisements and the
way consumers view them. With lines between content and advertisements
becoming blurry, it is critical that consumers must be able to distinguish
when something is being promoted with an intention to influence their
opinion or behaviour for an immediate or eventual commercial gain.
Consumers may view such messages without realising the commercial
intent of these, and that becomes inherently misleading, and in violation
of clause 1.4 (misleading by omission) and 1.5 (abuse trust of consumers or
exploit their lack of experience or knowledge).

Guidelines:

1. Disclosure


All advertisements published by social media influencers or
their representatives, on such influencers’ accounts must carry a
disclosure label that clearly identifies it as an advertisement.

1.1 The following criteria must be used to determine if disclosure is

required:

47
 a. 
Disclosure is required if there is any material connection
between the advertiser and the influencer.

b. Material connection is not limited to monetary compensation.

Disclosure is required if there is anything of value given to
mention or talk about the advertiser’s product or service. For
example: If the advertiser or its agents gives free or discounted
products or service, or other perks, and then the influencer
mentions one of its products or services, a disclosure is needed
even if they were not specifically asked to talk about that
product or service.

c. Disclosures are required even if the evaluations are unbiased or

fully originated by the influencer, so long as there is a material
connection between the advertiser and influencer.

d. If there is no material connection and the influencer is telling

people about a product or service they bought and happen
to like, that is not considered to be an advertisement and no
disclosure is required on such posts.

1.2 Disclosure must be upfront and prominent so that it is not missed by

an average consumer

a. It should be placed in a manner that is hard to miss.

b. Disclosures are likely to be missed if they appear only on an

ABOUT ME or profile page, or bios, at the end of posts or
videos, or anywhere that requires a person to click MORE.

c. Disclosure should not be buried in a group of hashtags or links.

Using a platform’s disclosure tool should be considered in

d. 
addition to an influencer’s own disclosure.

e. If the advertisement is only a picture or video post without

accompanying text (such as Instagram stories or Snapchat),
Guidelines

the discloser label needs to be superimposed over the picture/

48
 video, and it should be ensured that the average consumer is
able to see it clearly.

I. For videos that last 15 seconds or lesser, the disclosure label

must stay for a minimum of 3 seconds.

II. For videos longer than 15 seconds, but less than 2 minutes, the
disclosure label should stay for 1/3rd the length of the video.

III. For videos which are 2 minutes or longer, the disclosure

label must stay for the entire duration of the section in
which the promoted brand or its features, benefits etc., are
mentioned.

f. In live streams, the disclosure label should be announced at the

beginning and the end of the broadcast. If the post continues
to be visible after the live stream is over, appropriate disclosure
must be added to the text/caption.

In the case of audio media, the disclosure must be clearly

g. 
announced at the beginning and at the end of the audio, and
before and after every break that is taken in between.

1.3 The disclosure must be made in a manner that is well understood by

an average consumer.

a. Following is the list of disclosure labels permitted. Any one or

more can be used:

• Advertisement

• Ad

• Sponsored

• Collaboration

• Partnership

• Employee

• Free gift

49
 • “Paid Partnership” tag on Instagram

• Affiliate

• “Includes Paid Promotion” tag on YouTube

The disclosure should be in English OR in the language as

b. 
the advertisement itself, in a way that is easy for an average
consumer to understand.

1.4 A virtual influencer must additionally disclose to consumers that

they are not interacting with a real human being. This disclosure
must be upfront and prominent.

1.5 Responsibility of disclosure of material connection and also of the

content of advertisement is upon the advertiser for whose product
or service the advertisement is, and also upon the influencer. For
clarity, where advertiser has a material connection with the influencer,
advertiser’s responsibility will be to ensure that the posted influencer
advertisement is in line with the ASCI code and its guidelines. While
the influencer shall be responsible for making disclosures required
under the guidelines, the advertiser, shall, where needed, call upon
the influencer to delete or edit an advertisement or the disclosure
label to adhere to the ASCI Code and Guidelines.

2. Due Diligence
The influencers are advised to review and satisfy themselves that
the advertiser is in a position to substantiate the claims made in the
advertisement.

Addendum (Date 15.07.2021)

If an influencer/advertiser disputes that the piece of communication in
question is not an advertisement as there is no material connection, the
following evidence will be required to be submitted to ASCI:

1. A declaration from the advertiser stating that there is no material

connection between them and the influencer as on the date of the
post. This declaration needs to be signed by a senior member of
Guidelines

the advertiser’s organisation such as the Marketing Head, Legal/

Compliance Head, and Digital Marketing Head or similar.

50
 2. In the event that the advertiser of the brand featured is difficult to
trace in spite of reasonable efforts, or if the piece of communication
features brands of multiple advertisers, then proof of purchase of
featured products and brands, provided by the influencer, would be
considered adequate evidence to refute material connection.

Chairman
Board of Governors, ASCI
April 21st, 2022

51
 GUIDELINES FOR ADVERTISING OF
VIRTUAL DIGITAL ASSETS AND LINKED
SERVICES
Preamble:

A Virtual Digital Asset (VDA) has been defined as any information or

code or number or token (not being Indian currency or foreign currency),
generated through cryptographic means or otherwise, by whatever name
called, providing a digital representation of value exchanged with or without
consideration, with the promise or representation of having inherent value,
or functions as a store of value or a unit of account including its use in any
financial transaction or investment, but not limited to investment scheme,
and can be transferred, stored or traded electronically.

These products are more commonly referred to as “crypto products” or

Non-Fungible Tokens (NFTs)

Such products are a relatively new and an evolving form of investments.

There is a need to protect consumer/investor interests, as users may not be
aware of risks arising from this form of trading and investment. The market for
VDAs is not regulated and can be very volatile, since it is usually not backed
by any tangible assets. In order to ensure that consumers who deal in VDA
products are fully aware of the risks, and are not misled, ads must comply
with the ASCI “Guidelines for Virtual Digital Assets and Linked Services”, so
as not to Violate Chapter 1 of the ASCI code, particularly clauses 1.1, 1.4, 1.5.
that require advertisements to be truthful, and not mislead consumers by
implication, ambiguity, exaggeration or omission, and not framed in a way
that abuse their trust or exploit their lack of knowledge.

Guidelines:

(1.1) All ads for VDA products and VDA exchanges, or featuring VDAs,
must carry the following disclaimer.
Guidelines

“Crypto products and NFTs are unregulated and can be highly risky. There
may be no regulatory recourse for any loss from such transactions.”

52
Such a disclaimer must be made in the following manner so that it is
PROMINENT and UNMISSABLE by an average consumer:

(a) In print or static, equal to at least 1/5th of the advertising space at
the bottom of the advertisement in an easy-to-read font, against a
plain background, and to the maximum font size afforded by the
space.

In video, the disclaimer should be placed at the end of the

(b) 
advertisement against a plain background. A voiceover must
accompany the disclaimer in text. The voiceover should be at a
normal speaking pace and must not be hurried. In the case of long
format video of over two minutes, the said disclaimer should be
repeated at the beginning and at the end of the video. The disclaimer
must remain on screen for a minimum of five seconds.

In audio, the disclaimer must be spoken at the end of the

(c) 
advertisement. The voiceover should be at a normal speaking pace
and must not be hurried. In the case of long format audio of over 90
seconds, the said disclaimer should be repeated at the beginning
and at the end of the audio.

(d) In social media posts, such a disclaimer must be carried in both - the
caption as well as any picture or video attachments. The disclaimer
within the caption must be placed upfront at the beginning of the
post. Where social media posts or advertisements have restrictions
on text in the static picture, the disclaimer must be carried upfront
in the caption before the fold.

(e) In disappearing stories or posts unaccompanied by text, the said

disclaimer will need to be voiced at the end of the story in the
manner laid out in points (a) or (b) above. If the video is 15 seconds
or lesser, then the disclaimer may be carried in a prominent and
visible manner as an overlay.

In formats where there is a limit on characters, the following

(f) 
shortened disclaimer must be used “Crypto products and NFT’s are
unregulated and risky” followed by a link to the full disclaimer.

53
 The disclaimer must be made in the dominant language of the
(g) 
advertisement

(h) In addition to the above, all disclaimers must meet the minimum
requirements laid down in the ASCI guidelines for disclaimers.

(2) The words “currency”, “securities”, “custodian” and “depositories”

may not be used in advertisements of VDA products or services as
consumers associate these terms with regulated products.

(3) The information contained in advertisements shall not contradict

the information or warnings that the regulated entities provide to
customers in the marketing of VDA products from time to time.

(4) Advertisements that provide information on the cost or profitability

of VDA products shall contain clear, accurate, sufficient and updated
information. For example, “zero cost” will need to include all costs
that the consumer might reasonably associate with the offer or
transaction.

(5) Information on past performance shall not be provided in any partial

or biased manner. Returns for periods of less than 12 months shall
not be included.

(6) Every advertisement for VDA products must clearly give out the
name of the advertiser and provide an easy way to contact them
(phone number or email). This information should be presented in a
manner that is easily understood by the average consumer.

(7) No advertisement for VDA products or exchanges may show a

minor, or someone who appears to be a minor, directly dealing with
the product, or talking about the product.

(8) No advertisement may show that VDA products or VDA trading
could be a solution to money problems, personality problems or
other such drawbacks.
Guidelines

(9) No advertisement shall contain statements that promise or guarantee

future increase in profits.

54
(10) No advertisement may show that understanding VDA products is
so easy that consumers do not have to think twice about investing.
Nothing in the ad should downplay the risks associated with the
category.

(11) VDA products may not be compared to any other asset class which
is regulated.

(12) Since this is a risky category, celebrities or prominent personalities

who appear in VDA advertisements must take special care to ensure
that they have done their due diligence about the statements and
claims made in the advertisement, so as not to mislead consumers.

---------------------------------

The guidelines will be applicable to all advertisements released or published

on or after 1st April 2022. Advertisers and media owners must also ensure
that all earlier advertisements must not appear in the public domain unless
they comply with the guidelines, post 15th April 2022.

Chairman
Board of Governors, ASCI
February 23rd, 2022

55
 GUIDELINES ON HARMFUL GENDER
STEREOTYPES
Preamble:

The guidelines on harmful stereotyping follow the release of ASCI’s study

GenderNext, conducted along with Futurebrands in October 2021. The
study examined the depiction of women in advertising and identified
several stereotypes and tropes. While the report encourages advertisers
and creators to demonstrate more progressive roles based on the insights
revealed, it also identified some stereotypical depictions that could
negatively reinforce how people think they should look and behave, and
how others think they should look and behave, based on their gender. This
can have negative consequences for individuals and for society as a whole,
and over a period of time. As society progresses and evolves, norms on
what is acceptable to consumers and other stakeholders also evolve. While
harmful stereotypes are not only present in advertising, and advertising is
not the only factor that reinforces these stereotypes, it is important for
advertising to play its rightful role and not contribute to the perpetuation
of such stereotypes.

As the gender landscape is a complex issue, the following guidelines

provide a specific interpretation of ASCI Chapter III (against harmful
situations) as it relates to harmful gender stereotyping. While the guidelines
lay down the boundaries of what is unacceptable, advertisers and creators
are encouraged to be inspired by the spirit of the GenderNext report and
deploy the SEA framework and the 3S checklist to create more progressive
gender depictions when it comes to the depiction of women.
(https://ascionline.in/gendernextreport/index.html)

Guidelines

Note:

1. ASCI will consider an ad’s likely impact when taken as a whole, and in
context
Guidelines

56
2. ASCI will consider stereotypes from the perspective of the group of
individuals being stereotyped.

3. The use of humour or banter is not likely to overcome the underlying

issue of such harmful stereotypes.

4. The guidelines do not intend to prevent ads from featuring:

a. glamorous, attractive, successful, aspirational or healthy people or

lifestyles;

b. 
one gender only, including in advertisements for products
developed for and aimed at a particular gender;

c. gender stereotypes as a means to challenge their harmful effects.

Advertisements must not include gender stereotypes that are likely to

cause harm or serious or widespread offence.

1. 
While advertisements may feature people undertaking gender-
stereotypical roles e.g., a woman cleaning the house or a man going to
an office, or displaying gender-stereotypical characteristics e.g., a man
being assertive or a woman being sensitive to others’ needs, they must
not suggest that stereotypical roles or characteristics are:

• always uniquely associated with a particular gender

• the only options available to a particular gender

• never carried out, or displayed by, another gender(s).

1.1 Advertisements that are aimed at or depict children may target and
feature a specific gender, but should not convey that a particular
children’s product, pursuit, behaviour, or activity, including choice
of play or career, is inappropriate for one or another gender(s).
For example, ads suggesting that a boy’s stereotypical personality
should be “daring” or that a girl’s stereotypical personality should be
“caring”, or someone chiding a boy playing with dolls or girls from
jumping around, because it is not the typical activity associated
with the gender, are likely to be problematic.

57
 2. While advertisements may feature glamorous and attractive people, they
must not suggest that an individual’s happiness or emotional wellbeing
depends on conforming to these idealised gender-stereotypical body
shapes or physical features.

3. Advertisements should not mock people for not conforming to gender

stereotypes, their sexual orientation or gender identity, including in a
context that is intended to be humorous, hyperbolic or exaggerated. For
example, an ad may not belittle a man for carrying out stereotypically
female roles or tasks or make fun of a same-sex relationship.

4. Advertisements should not reinforce unrealistic and undesirable gender

ideals or expectations. For example, an advertisement must not depict
a man with his feet up and family members creating a mess around a
home, while a woman is solely responsible for cleaning up the mess, or
a woman overly grateful for the man helping her in everyday chores.
Similarly, a woman returning from work may not be shown as solely
responsible for doing household duties, while others around her are at
leisure.

5. 
An advertisement may not suggest that a person fails to achieve
a task specifically because of their gender e.g., a man’s inability to
change nappies; or a woman’s inability to park a car. In categories that
usually target a particular gender, care must be taken to not depict
condescension towards any other gender, or show them as incapable of
understanding the product or unable to make decisions. This does not
prevent the advertisement from showing these stereotypes as a means
to challenge them.

6. Where an advertisement features a person with a physique or physical

characteristics that do not match an ideal stereotype associated with
their gender, the advertisement should not imply that their physique
or physical characteristics are a significant reason for them not being
successful, for example, in their romantic, social or professional lives.
For example, an ad may not suggest that a man who is short, a woman
who is dark, or any individual who is overweight has difficulty finding a
Guidelines

job or a partner due to this aspect of their physique.

58
7. 
Advertisements should not indulge in the sexual objectification of
characters of any gender or depict people in a sexualised and objectified
way for the purposes of titillating viewers. This would include the use
of language or visual treatments in contexts wholly irrelevant to the
product. For example, an online takeaway service featuring an image
of a woman wearing lingerie lying back in a provocative pose behind
various fast-food items would be considered problematic. Even though
the image may not be sexually explicit, by using a suggestive image
of a woman that bears no relevance to the advertised product, the ad
would be considered objectifying women by presenting them as sexual
objects, and therefore is a gender stereotype that is likely to cause
harm.

8. 
No gender should be encouraged to exert domination or authority
over the other(s) by means of overt or implied threats, actual force,
or through the use of demeaning language or tone. Advertisements
cannot provoke or trivialise violence (physical or emotional), unlawful
or anti-social behaviour based on gender. Additionally, advertisements
should not encourage or normalise voyeurism, eve-teasing, stalking,
emotional or physical harassment or any similar offences. This does not
prevent the advertisement from showing these depictions as a means
to challenge them.

Chairman
Board of Governors, ASCI
June 8th, 2022

59
 GUIDELINES FOR ONLINE DECEPTIVE
DESIGN PATTERNS IN ADVERTISING
Preamble

Online Deceptive Design Patterns commonly known as “Dark Patterns” is

an umbrella term referring to a wide variety of practices commonly found
in online user interfaces that lead consumers to make choices that often are
not in their best interests. Developing a universally accepted definition of
Dark Patterns is a challenge, owing in part to the wide variety of practices
referred to as such and different views on whether certain practices should
be considered Dark Patterns.

The OECD Committee on Consumer Policy proposes the following working

definition intended to facilitate near-term discussion about such practices
among regulators and policymakers across jurisdictions: “Dark commercial
patterns are business practices employing elements of digital choice
architecture, in particular in online user interfaces, that subvert or impair
consumer autonomy, decision-making or choice. They often deceive, coerce
or manipulate consumers and are likely to cause direct or indirect consumer
detriment in various ways, though it may be difficult or impossible to
measure such detriment in many instances.”

Dark Patterns share one or more end-goals – for example getting consumers
to purchase, purchase more of, or continue to purchase, a good or service
that they would otherwise not purchase or purchase in lesser quantity; to
spend more money on a purchase or time on a service than desired; or
to give up more personal data than desired – with the ultimate purpose
of increasing business revenue. There are many instances of Dark Pattern
executions which are unrelated to advertisements such as users being
guilted into opting for something which they would otherwise not have,
or, when consumers purchase something, additional products are added
into the basket of the consumer, without their knowledge - like donations
to relief funds, etc. However as ASCI’s remit is limited to self-regulation of
Advertising content these guidelines cover only advertising in digital media
including e-commerce, airline, food delivery etc. apps and websites.
Guidelines

60
Chapter 1 of the ACSI code requires ads to be honest, and not abuse the
trust or lack of expertise of the consumer. The code requires ads to not
mislead by omission, exaggeration, implication or ambiguity. To ensure that
advertisements do not breach Chapter 1, the following guidelines are to be
applied to digital advertising.

Guidelines

1. Drip Pricing:
Quoted prices in advertisements and e-commerce sites must include
non-optional taxes, duties, fees and charges that apply to all or most
buyers so as to prevent drip pricing. Drip pricing refers to a practice
whereby elements of the prices are not revealed upfront, and the total
price is only revealed at the very end of the buying process or post-
confirmation of purchase. This creates ambiguity around the final price
as well as prevents easy price comparisons. Hence incomplete price
representations upfront would be considered misleading.

Example: A consumer orders a snack from an online food delivery

platform where a price of Rs. 100 is shown, but the final amount payable
comes to Rs. 175 as it additionally includes taxes, delivery fees, platform
convenience fees and other such charges. If such charges are common
for all or most consumers, they must be included in the displayed prices
on the listing ad itself.

2. Bait and Switch:

When an ad or an element in the ad directly or indirectly implies
one outcome based on the consumer’s action, but instead serves
an alternative outcome, the same would be considered misleading.
Examples:

a. A consumer may select a product offered at a certain price but is

thereafter only able to access the same product at a higher price.

b. 
Another example is offering an attractive product and later
revealing that it is out of stock, offering an alternative product.

61
 c. Changing the meaning of key symbols to mean the opposite. For
example, an X on the top right corner of the ad, instead of closing
an app, may open up the app, or do the very action that the user
was trying to avoid. The X on the top right is commonly understood
by consumers to mean “close”. But in this specific interaction, the X
means “accept/ proceed”. This would be deemed to mislead the
consumer.

3. False Urgency:
Stating or implying that quantities of a particular product or service
are (e.g. airline seats available at a certain price) more limited than they
actually are would amount to misleading consumers. In the case of any
complaint, the advertisers would be required to demonstrate that the
stock position at the time of the appearance of the limited quantity
message was of a level where the urgency communicated could not be
considered misleading.

4. Disguised Ads:
An advertisement that is of a similar format as editorial or organic
content must clearly disclose that it is an ad. Examples could be
influencer posts, paid reviews, and ads placed in a manner to appear
like editorial content.

These guidelines will be applicable from 1st September 2023.

Chairman
Board of Governors, ASCI
May 11th, 2023
Guidelines

62
NOTES

63
NOTES
NOTES
AWARDS

European Advertising Standards Alliance -

Global Best Practice Awards

ASCI Mobile App

"ASCIOnline" for prompt
Gold Gold Reduced the time taken
and efficient complaint
2016 2013 to process complaints
handling at no cost to the
consumer.

Three Pronged Awareness

Silver National Advertising Bronze Campaign (Regulators, Ad
2012 Monitoring Service (NAMS) 2011
Agencies, Consumers)

Collaboration with the

Bronze Guidelines for Advertising Silver
Indian Government to
2010 of Educational Institutions 2008
spread Self-Regulation

Maddies Mobile Awards 2015

ASCIOnline Mobile App wins a bronze at E4M's. The Maddies Mobile
Awards 2015 for the Social/ Not for Profit Campaign Category.

International Recognitions
ASCIOnline Mobile App wins a bronze at E4M's. The Maddies Mobile
Awards 2015 for the Social/ Not for Profit Campaign Category.

Special Recognition awarded by ICAS in 2019

For ASCI's “Guidelines for Celebrities in Advertising” at the first-ever
‘Global Awards for Effective Advertising Self-Regulation’

Special Category awarded by ICAS in 2021

In 2021 , ASCI also won two ICAS awards, one for the ASCI scroll telecast across
television in the ‘Best Awareness Raising Initiative’ and for its extensive digital
suo-motu monitoring through NAMS initiative, in the ‘Special Category’. It also got
a special mention in the ‘Best Sectoral Initiative’ category for its efforts and
regulatory recognition of its Gaming Guidelines.
 402/A, Aurus Chambers, S.S. Amrutwar Marg, Worli, Mumbai 400 013

Tel: 022 24955076 / 77 | E-mail: [email protected] | Website: www.ascionline.in

Whatsapp Complaints on 7710012345 | CIN: U91200MH1985GAP037820

Edition: JUNE 2022