Introduction
In an age dominated by digital and multimedia platforms, advertising has become an inseparable part of consumer engagement. However, the power of advertising must be tempered with responsibility and ethics. This is where the Advertising Standards Council of India (ASCI) steps in — a self-regulatory voluntary organization that ensures advertisements in India are honest, decent, and not misleading.
What is the Advertising Standards Council of India (ASCI)?
The Advertising Standards Council of India (ASCI) is a non-governmental, self-regulatory organization established in 1985. It seeks to maintain and enhance public confidence in advertising by ensuring that all advertisements conform to its Code for Self-Regulation in Advertising.
ASCI is registered as a not-for-profit company under Section 25 of the Companies Act, 1956 (now Section 8 under the Companies Act, 2013).
Key Facts at a Glance
| Feature | Details |
|---|---|
| Full Name | Advertising Standards Council of India |
| Established | 1985 |
| Type | Voluntary Self-Regulatory Organization |
| Legal Status | Not-for-Profit under Companies Act |
| Headquarters | Mumbai, Maharashtra |
| Area of Operation | All forms of advertising in India |
| Website | www.ascionline.in |
Objectives of ASCI
- To promote truthfulness, fairness, and honesty in advertisements.
- To safeguard consumer interests by removing misleading or offensive ads.
- To complement laws and regulations without replacing statutory provisions.
- To maintain public confidence in advertisements and the advertising industry.
- To ensure advertising practices are socially responsible.
Structure of ASCI
ASCI operates through various arms and committees that ensure objective decision-making and effective execution of its code.
Board of Governors
ASCI’s management is entrusted to a Board of Governors comprising members from:
- Advertisers
- Advertising agencies
- Media houses
- Other sectors such as civil society or academia
Consumer Complaints Council (CCC)
The CCC is a critical pillar that evaluates complaints received. It consists of:
- Industry Members (40%)
- Independent Members (60%) –
- from sectors like medicine, law, education, consumer rights, etc.
The CCC reviews complaints and gives rulings based on ASCI’s code.
ASCI Code of Self-Regulation in Advertising
ASCI follows a Self-Regulatory Code, which lays down four key principles:
1. Honest and Truthful
Ads must not mislead consumers through ambiguity, exaggeration, or deception.
2. Non-offensive to Public Decency
Ads must not contain content that is indecent, vulgar, or repulsive.
3. Fair to Competition
Advertisements should not unfairly discredit or attack competitors’ products.
4. Safe for the Public
Ads must not promote practices or situations that could be harmful, especially to children.
Scope of ASCI’s Jurisdiction
ASCI monitors advertisements across the following media:
- Television and radio
- Print newspapers and magazines
- Digital and social media platforms (including influencers)
- Outdoor and transit ads
- Packaging and labels
- Cinema advertisements
ASCI Complaint Process: How it Works
Step-by-Step Process:
- Filing a Complaint
- Anyone can file a complaint online at ASCI’s Complaint Portal.
- Complaints can be anonymous.
- Initial Screening
- ASCI reviews the ad to ensure it falls under its purview.
- Evaluation by CCC
- The Consumer Complaints Council assesses the complaint and the advertiser’s defense.
- Final Decision
- If the ad is found in violation, ASCI asks the advertiser to modify or withdraw the advertisement.
- Monitoring Compliance
- Advertisers are expected to comply within a specified timeline.
ASCI’s Monitoring and Digital Tools
ASCI employs AI-based technology like ASCI’s NAMS (National Advertising Monitoring Service) to monitor thousands of ads every month across media platforms.
Key initiatives:
- Influencer Guidelines (2021):
- Mandates influencers to disclose paid partnerships.
- Digital Surveillance:
- Especially for health, education, and financial services sectors.
- ASCI Academy:
- Educational outreach to train advertisers and students on ethical advertising.
Key Achievements of ASCI
| Year | Initiative / Milestone |
|---|---|
| 2007 | Recognized by the Ministry of Information & Broadcasting |
| 2012 | Partnered with the Department of Consumer Affairs |
| 2017 | Launched WhatsApp complaint facility |
| 2021 | Introduced guidelines for social media influencers |
| 2022 | Released detailed guidelines for crypto advertisements |
| 2023 | Strengthened AI-driven ad surveillance |
Legal Recognition of ASCI
Although ASCI is a voluntary body, its decisions hold quasi-legal weight due to endorsements by:
- Ministry of Information and Broadcasting (MIB)
- Department of Consumer Affairs
- Supreme Court of India in various cases has supported ASCI’s role in ad regulation.
- Cable Television Networks Rules, 1994, mention ASCI’s Code for TV ads.
Common Violations Detected by ASCI
| Sector | Nature of Violation |
|---|---|
| Healthcare | Misleading cure claims |
| Education | False promises of guaranteed success |
| Food & Beverages | Exaggerated health benefits |
| Financial Products | Inadequate disclosure of risks |
| Real Estate | Misleading pricing or project details |
| Crypto/Virtual Assets | Lack of disclaimers and risk disclosures |
Challenges Faced by ASCI
- Voluntary Compliance:
- Cannot legally enforce penalties; relies on goodwill and industry support.
- Digital Ad Explosion:
- Managing the massive volume of digital content, especially on social media.
- Influencer Marketing:
- Tracking non-compliant paid promotions by individuals.
- Lack of Public Awareness:
- Many consumers are unaware of their rights to report misleading ads.
Way Forward and Recommendations
- Strengthen Legal Backing:
- Give ASCI more statutory authority or allow legal penalties for non-compliance.
- Public Awareness Campaigns:
- Educate consumers about their rights regarding advertising.
- Advanced AI Tools:
- Increase use of AI to monitor real-time digital ad content.
- Collaboration with Platforms: Work closely with YouTube, Instagram, and others for takedown of non-compliant ads.
- Expand Regional Outreach:
- Monitor and address vernacular ads in regional languages.
Conclusion
The Advertising Standards Council of India (ASCI) plays a crucial role in maintaining ethical standards in India’s vibrant advertising ecosystem. By promoting self-regulation and responsible advertising, it protects consumer interests and enhances the credibility of the industry. However, with the ever-evolving nature of digital media, ASCI must constantly innovate and adapt its mechanisms to ensure ethical compliance across platforms.
