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Procedure for
Processing a Complaint against an Ad, for contravention of
ASCI Code
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| 1. |
On
receipt of a complaint (should be complete with relevant
particulars including clipping or copy of print Ad/promotion
material provided by complainant), the Secretariat will
acknowledge the complaint and request the advertiser
/ agency to provide comments / response in respect of
the complaint. Secretariat will send out these two letters
within 5 working days of receipt of the complaint.
ASCI’s letter to the advertiser will carry
an annexure, which contains verbatim the entire complaint
of the complainant (with annexures/attachments),
but care will be taken to see that the identity of
the complainant is not revealed. In case, if the
attachments include laboratory test reports, the
identity of the laboratory or the source of authentication
will be concealed.
Complainants, who are advertisers themselves, are
required to provide an additional copy of the complaint
and annexures/attachments, if any, on plain paper
so that the additional set may be forwarded to the
advertiser for their comments.
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| 2. |
ASCI will give
the advertiser 2 weeks for response, from date of receipt
of ASCI letter. ASCI Secretariat will allow 3 days for
receipt of letter by the advertiser. |
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| 3. |
In
the first instance, if the complaint appears extremely
frivolous and there seems to be no basis for the complaint,
then the Secretary General will not send out a letter
to the advertiser but will refer the complaint to the
Vice-Chairman. If the Vice-Chairman also feels that the
complaint is baseless, then the complaint will be put
up at the next CCC meeting without comments from the
advertiser. The CCC will direct further action. |
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| 4. |
Complaint
with all supporting information provided by the complainant
and the advertiser / agency complained against, will
be placed on the agenda of the next CCC meeting (usually
held in the 4th week of each month). |
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| 5. |
If
the matter is technical, the CCC may decide to refer
the complaint to an expert, if available, chosen from
a list of experts nominated by the Board as experts in
certain areas like soaps and detergents, drugs, lubricants,
white goods, etc. |
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| 6. |
Once
the CCC has taken a decision on the complaint, (which
will be recorded in the minutes of the CCC meeting),
the party complained against will be informed of the
CCC decision, within 5 working days. If the complaint
is not upheld, the complainant and the advertiser will
be informed simultaneously. |
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| 7. |
If
the complaint is upheld, then the advertiser alone will
be informed of the CCC decision within 5 working days.
The advertiser will be given 2 weeks to assure time bound
compliance with the CCC decision. On receipt of this
assurance the complainant will also be informed of the
CCC decision. |
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| 8. |
If
a positive response is not received or compliance is
not assured by the advertiser, within 2 weeks as above,
a letter from the Vice-Chairman, ASCI, will be dispatched
to the advertiser requesting their commitment within
2 weeks, to the withdrawal of the offending Ad or its
appropriate modification so as to avoid contravening
the ASCI Code. Simultaneously the concerned agency and
the concerned media vehicle will be advised that the
Ad contravenes the Code. The Secretariat will then advise
the complainant of the CCC decision. |
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