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Regular-article-logo Friday, 04 July 2025

When it doesn't 'ad' up

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The Government Is Planning To Set Up A Special Committee To Check Misleading Advertisements That Dupe Consumers. Hemchhaya De Reports Published 09.01.12, 12:00 AM

Do you think advertisements do more harm than good? Do you feel that they often make dubious and dishonest claims — for example, a health drink that promises to make a child grow taller in weeks or a fairness cream that makes your complexion lighter in seven days?

The Central government seems to be keen on ensuring that the art of persuasion in advertising does not degenerate into out and out deception. The minister of consumer affairs, K.V. Thomas, recently said that the government is considering setting up an inter-ministerial committee — for instance, involving the health and information and broadcasting ministries — to rein in misleading ads more effectively.

The minister even raised concern about how such ads can affect vulnerable groups in society. “I feel particularly worried about health and nutrition-related advertisements that blatantly mislead consumers and particularly target children, senior citizens and those suffering from health problems,” said the minister at a conference on self-regulation in advertisements in Delhi recently.

He also stressed that there was an urgent need to scrutinise ads that tend to exaggerate or mislead before they appear on various media platforms and strengthen existing laws and the self-regulatory mechanism in this regard.

The government’s proposed initiative comes on the back of a growing number of consumer complaints against deceitful ads. “Complaints from consumers have been on the rise over the past few years,” says Alan Colaco, secretary general, Advertising Standards Council of India (ASCI), a self-regulatory body of the ad industry whose chief objective is to promote responsible advertising and also protect consumer interests. According to the latest available figures, ASCI received 200 complaints against 153 ads in 2009. Last year, there were 777 complaints against 190 advertisements.

“We have a two-pronged strategy to curb misleading ads — raising awareness among consumers and asking industry members to enhance self-regulation,” says Collaco. The ASCI, comprising advertisers, media representatives, advertising agencies and other professional services associated with the industry, has a strict format regarding receiving and acting on complaints from consumers against misleading ads. It has laid down some basic guidelines or a code of self-regulation. As per the code, ads should be honest and truthful and should not mislead consumers. Furthermore, they should not go against the accepted standards of public decency and must not promote unsafe practices. Finally, advertisers are not to make ads that denigrate products made by competitors.

ASCI stresses that “85 to 90 per cent of the ads which have been found to be offensive have been withdrawn or modified appropriately by the advertisers or agencies involved”.

However, consumer activists say that ASCI has by and large been ineffective. “I have lodged a dozen complaints with ASCI, the last one being against a shampoo which claims to have enough oil in it for a ‘champi’ (massage),” says M.S. Kamath, honorary secretary of the Mumbai-based Consumer Guidance Society of India. “I have attached lab reports showing that the oil content in the shampoo is less than 5 per cent of its total ingredients. But Asci has not looked into my complaints. So I have given up on it,” says Kamath, adding that the Council is usually biased towards the industry.

Others say that since ASCI is an industry body with many advertisers and admakers on its governing council, it finds it difficult to be impartial. Jameel Gulrays, an advertising veteran who has been part of brand-building campaigns for such products as Amul chocolates, Gold Spot and Limca over the past 30 years, puts the onus on ad agencies. “In the early days of Indian advertising, we used to test products ourselves and carry out extensive surveys so that we don’t end up endangering people's lives,” he says. “Such integrity is hardly seen now.”

Of course, the current generation of ad makers dismisses such allegations. “We do extensive research for our brands before we write or design our campaigns,” says Sanjay Sure, creative director with Concept Communication in Mumbai.

But the authorities also doubt whether self-regulation is enough. Pointing out that the flow of misleading ads with unsubstantiated claims continues unabated despite ASCI efforts, the consumer affairs minister has also acknowledged that laws like the Drugs and Magic Remedies (Objectionable Advertisements) Act and the Cable Television Networks Regulation Act have not succeeded in putting a stop to misleading ads. This is partly because of the legal loopholes and partly owing to poor implementation of laws, he adds.

Incidentally, there are provisions against ads which make false claims in the Consumer Protection Act as well. Besides, there have been several cases where the National Consumer Disputes Redressal Commission (NCDRC) and the Supreme Court have awarded hefty compensation to complainants. Take the landmark Buddhist Mission Dental College and Hospital vs Bhupesh Khurana case where several students suffered because the dental college falsely advertised that it was recognised by government educational bodies. The Supreme Court raised the compensation awarded by the NCDRC by Rs 2 lakh per student.

Experts say that what seems to be the need of the hour is an independent regulatory body that can screen advertisements before they are put in the public domain. In fact, Thomas suggests that an independent regulator could certify ads such as those related to health products on the basis of substantiating evidence provided by advertisers.

Some point out that the necessary rules and regulations are already in place — they are just not followed. Gulrays says that during the early Doordarshan days, ad makers would have to submit their scripts and storyboards to DD officials for approval. “After getting clearance, we'd start shooting,” says Gulrays. “So a code laid down by the I& B ministry exists. If that is not being followed, how can new regulations be expected to be adhered to?”

A section of ad professionals feels that a greater degree of self-regulation could be in order. “Misleading ads must be stopped. But government regulation may not be the answer,” says Bhupal Ramnathkar, chairman, Umbrella Design, a Mumbai-based design agency that deals in ad campaigns. “A few bad apples shouldn’t lead to the entire industry being penalised,” he says. “We can’t write off self-regulation just because there are more complaints. More complaints mean more people are becoming alert and are finding ways to address their grievances. If the guilty can be suitably punished using a more powerful self-regulatory body, I think we'll see a drop in such cases.”

Others wonder how the government can ever hope to regulate ads in an ever growing media ecosystem. “Forget traditional media outlets like newspapers and television. We now have an ever expanding New Media to reckon with,” says Sure. “Also, should creative freedom be regulated?”

While ad professionals can debate on the fine line between ethics and creative liberty, consumers need to know that there are laws they can take recourse to if they feel shortchanged by ad campaigns. If all goes well, the consumer affairs ministry’s efforts might bring in stricter regulation.

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