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This code of conduct is designed by a national body namely, Advertising Standards Council of India which is designed to crack down the misleading and unethical advertisements. It consists of 78 corporate members, 27 advertisers, 11 press media units, 26 ad agencies and 7 from allied business. It has set up C.C.C. (Consumer Complaints Council) to decide whether or not the ad complaints were in violation of A.S.C.I. code. The contents of the Code are:
To ensure the Truthfulness and Honesty of representations and claims made by advertisements and to safeguard against misleading Advertisements.
- Advertisements must be truthful. All deceptions, claims and comparisons which relate to matters of objectivity ascertainable fact should be capable of substantiation.
- Where advertising claims are expressly stated to be based on or supported by independent research or assessment, the source and date of this should be indicated in the advertisement.
- Advertisements should not contain any reference to any person, firm or institution without due permission; nor should a picture of any generally identifiable person be used in advertising without the permission.
- Advertisements shall not be so framed as to abuse the trust of consumers or exploit their lack of experience or knowledge.
- Obvious untruths or exaggeration intended to amuse or to catch the eyes of the consumer are permissible, provided that they are clearly to be seen as humourous or hyperbolic and not likely to be understood as making literal or misleading claims for the advertised product.
To ensure that advertisements are not offensive to generally accepted standards of public decency.
- Advertisements should contain nothing indecent, vulgar or repulsive which is likely, in the light of generally prevailing standards of decency and propriety, to cause grave or widespread offence.
To safeguard against the indiscriminate use of Advertising in situations or for the promotion of products which are regarded as Hazardous to Society or to individuals to a degree or of a type this is unacceptable to society at large.
- No advertisements shall be permitted which:
Tends to incite people to crime or to promote disorder and violence or intolerance.
Decides any race, caste, colour, creed or nationality.
Presents criminality as desirable or directly or indirectly encourages people-particularly children-to emulate it or conveys the modus operendi of any crime.
Adversely affects friendly relations with foreign state.
- 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, no advertisement:
Shall encourage children to enter strange places or to converse with strangers in an effort to collect coupons, wrappers, labels or the like.
Should depict children learning dangerously outside windows, overt- ridges or climbing dangerous cliffs and the like. Should show children climbing or reaching dangerously to reach products or for any other purpose.
- Should show children using or playing with matches or any other 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.
- Shall feature mirrors for tobacco or alcohol based products.
- Advertisements shall not, without justifiable reason, show or refer to dangerous practices or manifest a disregard for safety or encourage negligence.
- Advertisements should not contain nothing which is in breach of the law, or omit anything which the law requires.
- Advertisements shall not propagate products, the use of which is banned under the law.
To ensure that Advertisements observe Fairness in Competition such that the Consumer's need to be informed on choices in the market-place and the cannons of generally accepted competitive behaviour in Business is both served.
- 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:
- product are being compared with what aspects of the competitors' product.
- The subject-matter of comparison is not chosen in such a way as to confer an artificial advantage upon advertiser or so as to suggest that a better bargain is offered than is truly the case.
- The comparisons are factual, accurate and' capable of substantiation.
- There is no likelihood of the consumer being mislead as a result of the comparison, whether about the product advertised or that with which it is compared.
- The advertisement does not unfairly denigrate attack or discredit other products, advertisers or advertisements directly or by implication.
- Advertisements shall not make unjustifiable use of the name or initials of any other firm, company or institution, nor take unfair advantage of the goodwill attached to the trade-mark or symbol of another firm or its product or the goodwill acquired by the advertising campaign.
- Advertisements shall not be so similar to other advertisements, in general layout, copy, slogans, visual presentations, music or sound effects that are likely to mislead or confuse consumers.
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Participants