Addressing modern advertising challenges
Mumbai: As the advertising landscape evolves with technological advancements and shifting consumer expectations, the Advertising Standards Council of India (ASCI) remains at the forefront, championing fairness, transparency, and ethical practices. From tackling misleading advertisements and green washing claims to addressing deceptive app patterns, ASCI is committed to protecting consumer interests and fostering a responsible advertising ecosystem. Through initiatives like global think tanks, expert panels, and collaborations with regulatory bodies, ASCI is shaping the future of ethical advertising while empowering consumers to make informed decisions.
The Advertising Standards Council of India (ASCI), established in 1985, is committed to the cause of self-regulation in advertising, ensuring the protection of consumer interests. ASCI seeks to ensure that advertisements conform to its Code for Self-Regulation, which requires advertisements to be legal, decent, honest, and truthful and not hazardous or harmful while observing fairness in competition. ASCI looks into complaints across ALL MEDIA such as Print, TV, Radio, hoardings, SMS, Emailers, Internet / website, product packaging, brochures, promotional material and point of sale material etc. In January 2017, the Supreme Court of India in its judgement affirmed and recognised the self-regulatory mechanism as an effective pre-emptive step to statutory provisions in the sphere of advertising content regulation for television and radio in India.
ASCI’s role has been acclaimed by various Government bodies including The Department of Consumer Affairs (DoCA), Food Safety and Standards Authority of India (FSSAI), Ministry of AYUSH as well as the Ministry of Information and Broadcasting (MIB). MIB issued an advisory for a scroller providing ASCI’s WhatsApp for Business number 77100 12345, to be carried by all TV broadcasters for consumers to register their grievance against objectionable advertisements.
On the international front, in 2023, ASCI CEO and Secretary General, Manisha Kapoor, was re-elected as the Vice-President of the International Council on Ad Self-Regulation (ICAS). Among several awards bestowed by the European Advertising Standards Alliance (EASA), ASCI bagged a Gold Global Best Practice Award for the Mobile App “ASCIonline” (2016), a special recognition for its “Guidelines for Celebrities in Advertising” at the first-ever ‘Global Awards for Effective Advertising Self-Regulation’ hosted by the ICAS (2019).
In 2021, ASCI also won two ICAS awards, one for the ASCI scroll telecast across television in the ‘Best Awareness Raising Initiative’ and second for its extensive digital suo-moto monitoring through the NAMS initiative, in the ‘Special Category’. It also got a special mention in the ‘Best Sectoral Initiative’ category for its efforts and regulatory recognition of its Gaming Guidelines. In 2023, once again ASCI won at the Global ICAS awards and was bestowed with the award for best charter commitment initiative of SROs with limited resources in the ‘The Inspiration Award’ category.
Manisha Kapoorserves as the head of the Advertising Standards Council of India (ASCI), a self-regulatory body committed to promoting fairness and honesty in advertising. She is also a member of the leadership team at the International Council of Advertising Self-Regulation (ICAS).
With over 25 years of experience, Manisha has helped companies build and strengthen brands through expertise in brand development, new product launches, marketing strategies, and media planning. Her cross-sectoral consulting experience spans industries such as banking, insurance, financial broking, automotive, FMCG, healthcare, wellness, food, media, aviation, apparel, and lifestyle.
Manisha has also played a pivotal role in driving business growth and differentiation by integrating social development goals into corporate and brand strategies. Her work with corporates, NGOs, foundations, and international development organizations has resulted in impactful programs that align business objectives with social impact.
MadeInmedia.in’s Kalpana Ravi, sat down to chat with Manisha Kapoor, Chief Executive Officer & Secretary General, ASCI on India playing a major role in the Global Think Tank, and other pressing issues concerning advertising not only in India but globally. ASCI to host Global Summit for Ad self-regulation in Mumbai in March 2025
Excerpts:
What are the main objectives of the global think tank established by ICAS?
The think tank aims to tackle significant issues facing the advertising industry on a global scale, particularly those that have emerged due to digital advancements and changing consumer behaviours. It seeks to create a platform for dialogue not only among self-regulatory organizations but also with stakeholders from marketing, academia, and other relevant fields. This broader participation is intended to address topics of common interest across various countries.
It is focused on producing projects and white papers that enhance understanding of emerging advertising issues. This includes exploring the implications of artificial intelligence (AI) in advertising, data protection, privacy, and sustainability. One of the goals is to establish a fair playing field for all stakeholders in advertising, ensuring that practices are ethical and transparent, especially in light of new technologies and consumer expectations.
The think tank is positioned as a collaborative effort to navigate the complexities of modern advertising and to develop guidelines that reflect current challenges and opportunities in the industry.
How does ASCI address the challenges posed by fake and misleading ads?
ASCI actively monitors advertisements and calls out influencers and brands that violate advertising guidelines. They maintain a list of influencers who have been found in violation, encouraging brands to avoid collaborating with them. ASCI has established guidelines that require brands to substantiate their claims, especially regarding green and eco-friendly products. They have a panel of experts who review claims made in advertisements to ensure they are backed by evidence.
ASCI collaborates with the Ministry of Information and Broadcasting and other regulatory bodies to escalate issues related to misleading ads. They work together to take down misleading advertisements from various platforms. ASCI recognizes the need for technology to help identify and manage misleading ads more effectively. They anticipate that platforms will develop technologies to ensure compliance with advertising laws, which could significantly reduce the prevalence of misleading ads. By raising awareness about misleading practices and encouraging consumers to report such ads, ASCI aims to empower consumers to make informed choices. Through these measures, ASCI seeks to create a more transparent advertising environment and protect consumers from deceptive practices.
Many brands now make Green claims, how as a regulatory body you would address this issue and keep the consumr educated on various such claims?
Brands making green claims face scrutiny, particularly regarding the substantiation of those claims. The Advertising Standards Council of India (ASCI) has established guidelines to address these challenges, brands are required to provide adequate evidence to support their green claims. ASCI has reviewed numerous advertisements related to green claims and found that many lacked sufficient substantiation.
The use of broad terms like “green” or “eco-friendly” can mislead consumers into thinking that the entire product is environmentally friendly when only a part of it may be. ASCI emphasizes that if a product uses such generic terms, the burden of proof is higher for the brand. For example, if only the cap of a shampoo bottle is recyclable, the claim should specify that rather than suggesting the entire product is recyclable.
Some companies may refrain from promoting their genuine green initiatives due to fear of backlash or scepticism from consumers. This phenomenon, known as “green hushing,” can hinder the visibility of legitimate efforts to promote sustainability. ASCI actively monitors advertisements for compliance with these guidelines and calls out brands that make misleading claims. They also encourage consumers to report misleading advertisements.
ASCI has a panel of environmental experts who assess claims made in advertisements. If a claim is found to be unsubstantiated, the panel provides input to ensure that misleading advertisements are addressed. ASCI aims to create a fair and transparent advertising environment, ensuring that consumers can make informed choices based on truthful representations of products’ environmental impacts.
The report, ‘Study of deceptive patterns in Indian Apps,’ can you elaborate?
The study of deceptive patterns in Indian apps involved an analysis of the top 53 apps in India, which collectively had 21 billion downloads. The research focused on identifying prevalent “dark patterns”—design strategies that mislead users—across various app categories.
The study analysed approximately 18,000 screens from these apps to categorize and identify the most common deceptive patterns. Dark patterns are defined as user interface designs that manipulate users into making choices that may not be in their best interest.
The report also aimed to provide examples of ethical design practices, encouraging companies to adopt more transparent and user-friendly approaches. An ethical score calculator was developed to help app designers assess their user interfaces against these deceptive patterns and identify areas for improvement.
The study highlights the importance of consumer awareness regarding these deceptive practices, as they can significantly impair the ability to make informed decisions. This study serves as a critical examination of how deceptive design practices are prevalent in popular apps and aims to promote ethical design standards in the industry.
Some examples are the travel/lifestyle apps which display a low initial price that increases significantly by the time of checkout due to additional fees. Requesting more personal information than necessary for the app’s functionality, leading users to question the need for such data.
Creating a false sense of urgency or scarcity to prompt quicker purchasing decisions. Many companies may not even realize they are employing these deceptive patterns, as they often become default design choices that are replicated across the industry.
The recent trends seen in the complaints, as compared to complaints earler?
There has been a noticeable increase in complaints related to sectors such as online gaming, healthcare, and personal care products. The rise in complaints in these areas is attributed to the growing influence of digital advertising and the use of influencers.
Since the introduction of guidelines on green claims, ASCI has reviewed over a hundred advertisements specifically related to these claims, all of which were found lacking in adequate substantiation. Common issues include the use of generic terms like “green” or “eco-friendly,” which can mislead consumers about the actual environmental benefits of the products.
The personal care sector has seen a surge in complaints due to the rise of influencer marketing. Brands are increasingly hiring numerous influencers, leading to concerns about the accuracy and reliability of the claims made in their promotions. There is a growing awareness among consumers regarding misleading advertisements, particularly those that employ deceptive patterns, such as hidden costs or privacy deceptions. This has led to an increase in complaints as consumers become more vigilant about their rights.
The introduction of new guidelines and regulatory measures has also influenced the nature of complaints. For instance, the requirement for brands in the food and health sectors to submit annual self-declaration certificates has shifted the focus towards compliance and accountability. These trends reflect a dynamic advertising landscape in India, where consumer protection and ethical advertising practices are becoming increasingly prioritized.
Brand extension – how is ASCI monitoring it?
ASCI has established criteria to differentiate between legitimate brand extensions and surrogate advertising. Brand extensions are permitted by law if they meet specific thresholds regarding turnover, distribution, and availability. If these thresholds are not met, the advertising may be classified as surrogate advertising, which is not allowed.
ASCI works in conjunction with other regulatory bodies, such as the Central Board of Film Certification (CBFC), to create and enforce these criteria. This collaboration helps ensure that advertisements comply with legal standards and do not mislead consumers. We actively monitor advertisements for compliance with these guidelines. They assess whether brands are genuinely extending their product lines or merely using advertising to promote products that do not meet the necessary business criteria.
ASCI encourages consumer awareness regarding the distinction between brand extensions and surrogate advertising. They also provide mechanisms for consumers to report misleading advertisements, which helps in identifying violations. Through these measures, ASCI aims to maintain ethical advertising practices while allowing brands to extend their offerings within the legal framework.
Gender diversity and inclusivity, a topic discusses often. Are we really seeing it implemented?
There has been a noticeable decline in overtly sexist advertisements. While such ads have not disappeared entirely, they are less common than in the past. Despite the reduction of overt sexism, subtle forms of gender roles and stereotypes continue to be prevalent in advertising. For instance, women are often depicted in traditional roles, such as being responsible for household duties, while men are portrayed in more active or decision-making roles.
The representation of diverse groups in advertisements remains a challenge. Reports indicate that less than 4% of ads feature individuals aged 60 and above, and less than 1% include people from the LGBTQI community or those with disabilities. This lack of representation fails to normalize the presence of these groups in mainstream advertising, which does not reflect the diversity of consumers.
There is a concern that the inclusion of women and other marginalized groups in advertisements is often tokenistic, particularly during events like Women’s Day, rather than being a consistent practice throughout the year. The discussion suggests that while there is some progress, the demand for deeper change in representation and inclusivity in advertising is not yet strong enough in India. In contrast, other regions, such as the US, have seen more robust movements advocating for diversity in advertising.
ASCI emphasizes the need for brands to reflect the full spectrum of their consumer base in their advertising. This includes not only gender diversity but also age, ability, and sexual orientation. There have been improvements in reducing overt sexism in advertising, the need for more genuine representation and inclusivity remains a significant challenge in the Indian advertising landscape.
Finally digital Ads and the role of AI?
AI technologies, particularly generative AI, are being utilized to create images, voices, and other content for advertisements. While the use of AI itself is not inherently problematic, the concern lies in how the generated content is represented and whether it misleads consumers. ASCI has encountered cases where AI-generated images are used in ways that could mislead consumers. For instance, an advertisement featuring an AI-generated likeness of a public figure (like Sundar Pichai) without proper disclosure can lead to consumer confusion. ASCI emphasizes that using AI does not exempt advertisers from accountability regarding the truthfulness of their messaging.
The intersection of AI with copyright issues is another area of concern. Since AI often draws from existing data, there are questions about originality and potential infringement on existing works. Additionally, the use of AI in advertising raises privacy concerns, particularly regarding data collection and consumer targeting. The emergence of AI-based influencers—virtual personas that can engage with consumers—presents new dynamics in advertising. These influencers can operate continuously and manage consumer interactions more efficiently than human influencers, raising questions about authenticity and consumer trust.
ASCI is actively engaging with regulatory bodies to discuss the implications of AI in advertising. As the technology evolves, so too must the regulatory frameworks to ensure fair practices and protect consumers from misleading advertisements. While AI offers innovative possibilities for digital advertising, it also necessitates careful oversight to prevent misleading practices and ensure that consumer rights are upheld. ASCI’s ongoing monitoring and adaptation to these changes are crucial in maintaining ethical advertising standards in the digital age.
How is ASCI working along with the GOI on issues like fake news and use of AI?
ASCI is in discussions with various government entities, including the Ministry of Information and Broadcasting (MIB), to address the challenges posed by fake news and misleading advertisements. These discussions focus on how to regulate the use of AI in advertising and the implications for consumer protection.
One of the significant challenges is determining which aspects of AI should fall under regulatory oversight. The lines between traditional advertising and AI-generated content are becoming increasingly blurred, prompting ASCI to engage in conversations about how to effectively regulate these emerging areas.
Currently, ASCI is able to address cases related to AI under its existing advertising codes. If an advertisement is misleading—regardless of whether it was created by a human or AI—it is subject to the same scrutiny. ASCI has been working closely with the GOI to tackle issues related to digital advertising, particularly concerning offshore betting ads that may mislead consumers. ASCI has been escalating these concerns to the MIB, which has taken action to remove misleading content from digital platforms.
The overarching goal of ASCI’s collaboration with the GOI is to create a fair advertising environment that protects consumers from misleading practices, especially as digital advertising continues to evolve rapidly. Through these efforts, ASCI aims to ensure that advertising standards keep pace with technological advancements while safeguarding consumer interests in an increasingly complex digital landscape.
