The
Role of the Media – Awareness of Self-Regulation
in Advertising as administered by the ASCI: In view of the low number of
complaints being received currently, your Council launched
an Audio Visual promotion campaign, for drawing viewer attention
to commonly experienced misleading and objectionable advertising,
which lowers the credibility of advertising viewed by the
general public.
Three Industry TVCs were developed on - (1) Indecency - Chapter
II of the Code, (2) Over claim – Chapter I.4, (3) Children
being induced in dangerous behaviour – Chapter III.2.
The airing of these TVCs commenced from 19th August 2006, and
were aired on several channels – Aaj Tak, Awaaz, CNBC
TV18, CNN IBN, Eenadu, ETV Gujarati, ETV Marathi, ETV Urdu,
ETV Oriya, ETV UP, ETV MP, ETV Bihar, ETV Rajasthan, Sony TV,
Star TV, Star Utsav, Star Plus, & Zee TV, Zee News, Zee
Cinema (all ASCI members), and also on Doordarshan, Exchange4Media,
India TV, U Music, and NDTV (non-members). Your Council thanks
the channels for airing these Ads at no charge to the ASCI.
The Council thanks Mr. Arvind Sharma (Leo Burnett) who arranged
for the production of all the TV Ads. The cost of production
and supply of TV Ads – material, was met from contributions
received from your Council’s members (16) and non-members
(1), for which the Council is grateful.
Meeting with Confederation
of Indian Alcoholic Beverage Companies (CIABC): In the first
week of December 2006,
an Inter-active session was held for CIABC members (10
attended), IBF (1) and your Council (2).
The purpose of the meeting was the recent developments
in Self-Regulation in Advertising of Liquor/Alcohol Beverages
in India, and your Council’s experience of voluntary
Self-Regulation in Advertising, in general and specific
to liquor/alcohol beverages – over the past 6 to
8 years.
The outcome of this session was that the CIABC members
would consider supporting your Council through new memberships,
and would study the case material on complaints decided
by your Council, over these years, as provided to them.
They would feel free, with no obligation, to consult with
the ASCI Secretariat on issues of mutual concern. It was
decided that your Council would send to CIABC, periodically,
the case particulars on Complaints which were Upheld against
Ads associated with Alcohol Brand Names, with details of
the CCC decisions.
Consumer Education Research Centre (CERC)-EU
Commission Seminar, in Mumbai, Chennai and Kolkata: In
view of the
adverse impact on your Council’s role and functions
in Self-Regulation of Advertising content, which the CERC
proposed formation of Ministry of Consumer Affairs sponsored
Advertisements Regulatory Authority was likely to have,
your Council provided pertinent references in favour of
Self-Regulation, to those concerned with presenting and
supporting the essentiality and benefits of Self-Regulation
in Advertising, within Industry, for Consumers as well
as Advertising Practitioners.
ASCI Inter-active Session/Workshop - Advertising of Foods & Beverages:
Three sessions were held at your Council’s Conference
Room (from January to March 2007) attended by a total of
33 participants (all representatives of 21 food sector
related ASCI members). The purpose was to set up a mechanism
and establish a dialogue with marketers of Foods and Beverages,
for enhanced Self-Regulation of advertising of certain
categories of processed Foods and Beverages, targeted at
children and pre-teens. The focus was on Obesity, associated
with specific chronic non-communicable diseases (cardiac,
metabolic), believed to have given rise to a pandemic in
the Western world, as a result of unhealthy eating patterns
and dietary imbalances, which may find its way to Asia,
of which India is very much a vulnerable part.
The guidelines
agreed by ASCI member’s participants,
for Intra-corporate observance, will now be considered
by the Board of your Council, for conversion into specific
provisions to be included in the ASCI Code for Self-Regulation
in Advertising, in a meaningful manner. Initially this
would serve as guidelines for the CCC in deliberations
on relevant complaints against Ads for Foods and Beverages.
Status of Legal Cases against your
Council: Unfair Trade
Practice Enquiry (UTPE) filed before MRTPC by Vicco Laboratories
against ASCI in May 2000: Since the Complainant had filed
an application for conducting the admission and denial
in the said matter, ASCI had decided to file an additional
affidavit to bring on record the subsequent developments
recognizing ASCI’s role and responsibility. This
matter listed for hearing in November 2006, was adjourned
for admission and denial of documents, owing to the Petitioners
Application praying for allowance of submission and denial
of documents. Again the matter listed for hearing in
March 2007 was adjourned since the counsel for the Complainant
stated that the documents filed by ASCI can be proved
during trial and no admission denial of the same need
to be carried out. This matter listed for hearing in
April 2007 has again been adjourned to September 2007,
for cross examination of ASCI.
Suit filed before Delhi
High Court by J.K. Industries against ASCI in July 2004: The Court allowed the application
for restoration filed by the Plaintiff subject to payment
of costs. The matter was listed for hearing in July 2006
(for admission/denial of documents), in November 2006 (for
framing of issues), in January 2007 (for framing of issues
and arguments on the injunction application) which was
again adjourned to April 2007, at which time the matter
has been listed for final arguments in September 2007.
Recent
Developments – April to June 2007: Recognition
of your Council at Global levels: The World Federation
of Advertisers (WFA) at its Global Advertising Summit held
in Toronto in mid April 2007 expressed its appreciation
of the ‘vibrant well-established functioning of the
self-regulatory role’ of your Council, duly supported
by the Indian Society of Advertisers (ISA) and other associations
of advertising practitioners in India, and recommended
your Council’s voluntary self-regulatory model, as
recognized by the GOI, for adoption by other Self-Regulatory
Organisations (SROs) in emerging economies and developing
countries.
With a similar purpose in view, the Advertising Education
Forum (AEF), the Global organization concerned with advertising
to Children and Literacy in advertising for the benefit
of school children, has undertaken to circularize its members
worldwide, on your Council’s initiatives in extending
voluntary Self-Regulation in Advertising to the marketing
and communication of Foods and Beverages, particularly
those directed at children and pre-teens.
Broadcast Content
Code/Guidelines by the Ministry of Information & Broadcasting
(I&B), Govt. of India, New Delhi: The release of “Self-Regulatory
Guidelines for the Broadcast Services” for Radio
and TV programs and Ads, is being finalized by the I&B
Ministry, for which the implications on the ASCI would
need to be reviewed subsequently. The draft Guidelines
issued by the I&B Ministry has ASCI and its CCC being
delegated the primary responsibility for regulating advertising
content for TV and Radio, which is further recognition
of the effective self-regulatory work the Council is doing.
A delegation of Board Members met the I&B Secretary,
to bring out ASCI’s concerns and recommendations
on the draft Guidelines and subsequently the Board’s
Representative to the I&B’s Committee charged
to revise the program and Ad codes/guidelines under the
The Cable Television Networks (Regulation) Act, 1995 and
its Rules, has sent your Council’s response on the
draft Guidelines to the I&B Secretary.
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