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Procedure for
Processing a Complaint against an Ad, for contravention of
ASCI Code
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| 9. |
If
such positive assurance from the advertiser, is still
not received, the offending Ad will be included in
the ASCI Chairman’s Media Release (on an All
India basis), which will be issued once in every 3
months, along with the Quarterly Compilation Report
of CCC decisions. This Report will be circulated to
all ASCI members, concerned Associations of Practitioners
in Advertising, and select Media all over the country.
(Members of ASCI are obliged to comply with the CCC
decisions on complaints, since the Memorandum & Articles
of Association stipulate the observance of the ASCI
Code, by all members).
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| 10. |
Peer
Group influence will be extended through respective Associations
of Practitioners in Advertising (AAAI, IAA –India
Chapter, ISA, INS, RAPA, etc), who will be sent requests
from the Chairman, ASCI, to influence their own constituents
responsible for such offending Ads, to refrain from indulging
in Ads which lack credibility and erode consumer confidence
in advertised goods and services. Copies of such communications
will be sent to the concerned agency and media vehicle. |
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| 11. |
The
CCC Procedure provides for a Review of a CCC decision
if all of the following conditions are satisfied: |
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A
written application for a Review is made within
2 weeks of receipt of a CCC decision.
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The
application is accompanied by a payment of Rs.10,000/-
as non-refundable fee for consideration of a
Review of the CCC decision.
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The
advertiser is in a position to provide additional
pertinent information/material not submitted
earlier, to ASCI.
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The
advertiser has confirmed suspension of the offending
Ad, pending review.
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The
advertiser has given an undertaking in the review
application, that he will accept and comply with
the review decision.
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| 12. |
Complaints
of a same or similar nature, on the same or similar Ads,
on which CCC decisions have been notified, will generally
not be taken up for renewed deliberation by the CCC. |
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| 13. |
The
Procedure will ensure that the name/identity of the complainant
is not disclosed/revealed to anybody, except at the CCC
meetings, which are attended only by the CCC members
who are themselves nominated by the ASCI Board for agreed
periods (generally 2 years). However, the text of the
complaint along with all annexures will be sent to the
party complained against. |
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| 14. |
The
CCC meeting protocols do not provide for personal representation
by complainant/advertiser/agency in respect of complaints
being deliberated upon at the CCC meeting. |
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| 15. |
The
ASCI and the CCC are not Clearing Houses or Voluntary
Censor bodies, and hence Ads are not cleared or approved.
The ASCI Code is well publicized and made available promptly
on request. It is recognized by almost all Practitioners
in Advertising as the universally relevant/applicable
Code for Self-Regulation in respect of Ads in India.
It is broad based to cover the entire gamut of Media
vehicles –Print, AV, Outdoor, Promotion/Merchandising
vehicles and even packaging as a vehicle of promotion.
Modifications in Ads, even though carried out in
response to CCC decisions as advised, are not cleared
or approved by the CCC/ASCI. It is implicit that
such modifications are in observance of the ASCI
Code and have been motivated by the spirit of the
Code, not just the letter itself. Such modified Ads
will therefore again be subject to the forces/conventions
in the market place and to the perceptions of the
consuming publics.
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| 16. |
A
CCC member who is “interested in the complaint”,
being an advertiser or an agency associated with the
advertiser, as the complainant or the party complained
against, will not participate in the CCC proceedings
and will not be present when the complaint is being discussed.
Such interested members will also not be sent papers
relevant to the complaint. |
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DATE:
15TH November 2000
Chairman –ASCI
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Secretary
General - ASCI
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