Advertising Regulation

Control authorities

Ministry of I&B ASCI Other formal bodies e.g.. Advertisers Association, Mumbai Ad Club, etc

Advertising Standard Council of India (ASCI) Regulations

Chapter-I

Advertisements must be truthful. All descriptions, claims and comparisons should be capable of validation. The source and date of claims should be indicated in the advertisement. Advertisements shall not 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.

Advertisements shall neither distort facts nor mislead the consumer by means of implications or omissions.
Advertisements shall not be so framed as to abuse the trust of consumers or exploit their lack of experience or knowledge.

Examples

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.

Claims which use expressions such as Upto five years guarantee or Prices from as low as Rs. Y are not acceptable if there is a likelihood of the consumer being misled.

Examples

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 and not likely to be understood as making literal or misleading claims for the advertised product.

Chapter II
To ensure that Advertisements are not offensive to generally accepted standards of Public Decency.
Advertisements should not contain anything indecent, vulgar which is likely, in the light of generally prevailing standards of decency and propriety, to cause grave or widespread offence.

Chapter III
To safeguard against the indiscriminate use of Advertising in the Promotion of Products which are regarded as Harmful to society or to individuals, particularly minors.

No advertisement shall be permitted which: a. Tends to incite people to crime or to promote disorder and violence or intolerance b. Derides any race, caste, colour, creed or nationality. c. Presents criminality as desirable or directly or indirectly encourages people - particularly minors - to emulate it or conveys the modus operandi of any crime. d. Adversely affects friendly relations with a foreign State.

Should not feature minors for tobacco or alcohol-based products. Should not feature personalities from the field of sports, music and cinema for products which, by law, either require a health warning in their advertising or cannot be purchased by minors. Advertisements shall not propagate products, the use of which is banned under the law.

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

Should not encourage minors to enter strange places or to converse with strangers in an effort to collect coupons, wrappers, labels. Should not feature hazardous acts which are likely to encourage minors to emulate such acts in a manner which could cause harm or injury. Should not show minors using 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 burns or other injury.

Chapter IV
To ensure that Advertisements observe fairness in competition

Ads containing comparisons are permissible in the interests of vigorous competition and public enlightenment, provided: - The advertisement does not unfairly denigrate, attack or discredit other products. - The comparisons are factual, accurate and capable of substantiation

2. Advertisements shall not be similar to any other advertisers earlier run advertisements in general layout, copy, slogans, visual presentations, music or sound effects, so as to suggest plagiarism. 3. Advertisements shall not make unjustifiable use of the name or initials of any other firm, company or institution, nor take the goodwill acquired by its advertising campaign.

Emblem of Names Prevention of improper use Act 1950

As per the Act, no one should use the State Emblem, National Flag, Seal etc., in any manner (for professional and commercial use) without the prior permission from the authorized officer of the Govt. of India. The India map should not be disfigured. All boundaries must be given perfectly as approved by the Survey of India.

Monopolies and Restrictive Trade Practice Act, 1969

The advertisers use superlatives (puffery) to boost the merits of their products like the best, No. 1, greatest, finest etc. down grading other competitors product.

Ex: Hindustan Unilever claims its Pepsodent is 102% better than Colgate. It is objectionable.

Indecent Representation of Women Act, 1986

Ads depicting Women in any manner of the figure or form or body or any part thereof in such a way as to have the effect of being indecent or derogatory/ denigrating women or likely depraves the morality of the women. Sex appeal/sexual figure are used explicitly to sell all sorts of things and to gain consumer attention. Women are shown as decorative in ads even though it is not appropriate in the advt being advertised to gain extra mileage.

Drugs and Magic Remedies Act 1954:

As per the act, advertisements for curing specific diseases should not be carried. Ex: Appendicitis, Cancer, Diabetics, Disaster of Brain, Heart Diseased, Sexual impotence and AIDs etc.

Magic Remedies: Offering magical cure for incurable diseases by way of Talisman, Mantra, Kavacha or any other charm of any kind which is alleged to possess miraculous power for or in the diagnosis, cure, mitigation, treatment or prevention of any disease in human beings or animals.

Criteria for superimposed text or Supers

Supers communicating disclaimers, qualifications etc. in an advertisement should be clearly legible and on TV ads Should be held long enough for the full message to be read by average viewer on a standard domestic TV set. 1) For Print Ads the font size of the Supers shall be minimum 6 and 7 points for 100 cc or less and more than 100 column centimetre or equivalent size ads respectively 2) For TV Ads the size of the Supers shall be of minimum 11 pixel height and stay not less than 4 seconds duration on the screen."

Other Regulations Related to Advertising Practice

In Canada and Mexico, prior clearance is required for all food and drink ads. The number of such countries is increasing.
In the Netherlands, advertisements for candy must display a toothbrush. In Sweden, inclusion of safety messages is must in advertisements to children, e.g., Always wear a helmet when skateboarding

SEBI Guidelines on Pre-issue Publicity

The Guidelines on Advertisement, under Chapter IX of the SEBI (Disclosure and Investor Protection) Guidelines 2000, provide for the regulation of financial advertisements.

An Issue related advertisement should be truthful, fair and clear and should not contain any statement, which is untrue or misleading. Should disclose all relevant facts and reproduce information in full.

SEBI on Mutual Funds

In advertisements through audio-visual media like television, a warning statement shall be displayed on the screen. Should be in a clearly legible font-size covering at least 80% of the total screen space and accompanied by a voice-over reiteration.

The remaining 20% space can be used for the name of the mutual fund or logo or name of scheme, etc.
Time for display and voice over of the standard warning is five seconds in audio visual advertisements. In case of audio advertisements the standard warning shall be read in an easily understandable manner over a period of