| 1. |
What
type of Company is ASCI? Who are its members?
ASCI is a voluntary self-regulatory organization, registered as a not-for-profit
Company under section 25 of the Indian Cos. Act. The sponsors of the ASCI, who
are its principal members, are firms of considerable repute within Industry in
India, and comprise Advertisers, Media, Ad. Agencies and other professional /ancillary
services connected with advertising practice.
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| 2. |
Is ASCI a Govt. Body?
The ASCI is not a Govt. body. It is a voluntary Self Regulatory Organization.
However, ASCI is represented in all committees working on advertising content
in every Ministry of the Government of India.
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| 3. |
Who
complains against Ads to the ASCI? What are the no.
of complaints received annually?
The ASCI receives and processes 120-140 complaints against advertisements,
from a cross section of consumers and the general public, and this covers
individuals, practitioners in advertising, advertiser firms, media, ad. agencies,
and ancillary
services connected with advertising.
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| 4. |
Does
ASCI follow the principles of Natural Justice when
handling complaints?
Yes. ASCI gives the Advertiser every opportunity to explain its point of view.
You will appreciate that if an AD is to be reviewed for its likely impact on
the sensibilities of individual viewers of TV, or readers of press publications
(as in the case of your complaint), we require to convey to the Advertiser concerned,
the substantial issues raised in the complaint, in the exact context of the specific
advertisement, as conveyed by the perception of the complainant. We usually give
the Advertiser two weeks to respond by way of comments. Only then will the Consumer
Complaints Council (CCC), of the ASCI, be in a position to deliberate meaningfully
on the issues involved, and to arrive at a fair and objective conclusion, which
would stand the scrutiny of all concerned with the right to freedom of expression,
and the freedom of consumers to choose the products /services made available
to them in the market-place.
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| 5. |
How
long does it take for a decision on a Complaint to
be taken?
It takes 4 to 6 weeks from the date we receive a "complete" complaint.
This should include full particulars of the Print Ad, the name and date of Publication,
and clipping or copy of the print Ad .In case of a TVC airing, we require the
Channel, date and time of the TVC. reasonable description of an A/V, specific
claims or visual depictions which are considered to be false, misleading or
objectionable and the reasons for the same.
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| 6. |
How
does ASCI protect the confidentiality of the Complainant?
As a policy the ASCI does not disclose the identity of the complainant to the
Advertiser or anyone other than the members of the CCC, at the time of their
meeting, which is usually held once a month.
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| 7. |
Can
we quote decisions taken by the Consumer Complaints
Council (CCC)?
Yes, pertinent details on complaints which have been decided on by our Consumer
Complaints Council (CCC), which are published in our Quarterly Compilation reports(normally
sent to members of the ASCI),which are made available to the Media on request(
as in this instance), may be quoted verbatim, with mention of the source ie. "ASCI
report on complaints decided by their CCC."
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| 8. |
Does
ASCI publish details of decisions taken by the Consumer
Complaints Council (CCC)?
Yes, a Summary of complaints which have been decided on by our Consumer Complaints
Council (CCC), are published in our Quarterly Compilation reports (normally sent
to members of the ASCI). Click on "Recent Decisions by CCC on Complaints
under the Section Feedback".
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| 9. |
Does
ASCI proactively ensure that Ads conform to its Code?
Yes, by registering a suo moto complaint. When one makes a complaint by oneself,
it is treated as a suo motu complaint. Any Board member, CCC member or staff
of the Secretariat can register a complaint which is considered to be a suo motu
complaint. It goes through the same process as other complaints, ensuring that
the Advertiser is given an opportunity to explain its view point.
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| 10. |
Do
Advertisers abide by the decisions of ASCI?
In the case of complaints which were Upheld by the CCC, during the past year,
it may interest you to know that 85 to 90 % of such Ads have been withdrawn or
modified appropriately by the Advertisers/Agencies involved. The concerned Media
have also confirmed that they would not carry such offending Ads/TVC.
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| 11. |
Does
a complainant have to pay to register a complaint?
No. Registering a complaint is free of cost.
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| 12. |
Does
ASCI have any guidelines or rules which agencies
have to follow?
Yes, The ASCI has a Code for Self Regulation in Advertising which covers the
following principles:
I. To ensure the truthfulness and honesty of representations and claims made
by advertisements and to safeguard against misleading advertisements.
II. To ensure that advertisements are not offensive to generally accepted standards
of public decency.
III. 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.
IV. To ensure that advertisements observe fairness in competition so that the
consumer’s need to be informed on choices in the market-place and the canons
of generally accepted competitive behaviour in business are both served.
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| 13. |
Does
ASCI have any guidelines or rules for a particular
Category?
ASCI has Guidelines on Advertising of Food & Beverages directed at children
under 13 years of age. Children’s choice of diet (food and beverages) and
level of physical activity, can impact their general health and well being. It
can have a positive influence by encouraging a healthy, well balanced diet, sound
eating habits and appropriate physical activity. Caution and care therefore should
be observed in advertising of Foods & Beverages especially ones containing
relatively high Fat, Sugar and Salt.
ASCI has also Guidelines on Advertisements for Automotive vehicles.
Advertisements have a significant influence on people’s behaviour. As such,
Advertisers are encouraged to depict advertisements, in a manner which promotes
safe practices, eg wearing of helmets and fastening of seatbelts, not using mobiles/cell
phones when driving, etc.
Specifically, Advertisements should not portray violation
of the Traffic Rules, show speed maneuverability in
a manner which encourages unsafe or reckless driving,
which could harm the driver, passengers and/or general
public, 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
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| 14. |
What is the power of ASCI?
ASCI's role has been acclaimed by various agencies including the Government.
However, it lacked the force of legal recognition. The Government of India
has at last, taken note of this and by one stroke on 2nd August 2006 vide
a notification in The Gazette of India: Extraordinary {Part II –sec.
3(i)}, made sure that at least as far as TV Commercials go, they abide by
the ASCI code. The amendment made in Cable Television Networks Rules, 1994
through a Notification dated August 2nd, 2006 now states:
" (9) No advertisement which violates the Code
for Self-Regulation in Advertising, as adopted by the
Advertising Standards Council of India (ASCI), Mumbai
for public exhibition in India, from time to time,
shall be carried in the cable service".
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Please send
your queries to our Secretary General, by email soon,
and he will answer them and provide additional information
on ASCI’S activities. Phone: (022) 23513982;
Fax: (022) 23516863 mailto: asci@vsnl.com ASCI, 219
Bombay Market, 78 Tardeo Road, Mumbai 400034.
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