Now ads will have to deliver what they promise

Close on the heels of the debate on whether or not all news, including electronic news, should come under the ambit of the Press Council of India, here’s a new one - the proposal for an inter-ministerial committee to look into false and misleading advertising.

“In view of large number of consumer complaints, the Government is considering setting up an inter-ministerial committee to look at ways and means to check false and misleading advertisements effectively.”

This was stated by Consumer Affairs minister Professor K V Thomas in his keynote address at a conference on ‘Strengthening Self Regulation of Advertising Content’ organized by the Advertising Standards Council of India.

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“Is self-regulation adequate to deal with the problem or do we need to bring in a new law? Will the existing laws work if they are brought in tune with the times or do we need a new regulation? These are all issues before us and we need answers quickly because there is a clamour from consumers and consumer groups for a comprehensive and effective mechanism to put a stop to advertisements that violate their basic rights to choose, information and safety,” the minister said.

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There are already laws in place to protect the consumer, but these, the minister felt, were not enough. “Of course, the Consumer Protection Act provides for protection of consumers from unfair trade practices… but they do not have the power to examine advertisements suo motu, to facilitate quick action through interim injunctions…,” said Thomas.

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The minister highlighted a few instances of misleading advertising by educational and training institutes. “If only the advertisers had followed ASCI’s (Advertising Standards Council of India) code for self-regulation, the students would not have wasted precious money and academic time in courses that gave them nothing but mental agony and distress. In this regard, the advertising code for educational institutions brought out by ASCI is really good, provided of course the educational institutions or those who issue those advertisements, think it fit to abide by them.”

The minister hit the nail on the head when he underlined that the measure of success of self-regulation was in the prevention of misleading advertising, not in their being stopped after complaints are received and dealt with.

Nothing that the minister said is new. The ASCI, despite all good and honest intentions, is unable to effectively curb misleading advertising. The process to complain is long and cumbersome, the lag between complaints and decisions are such that the offending ads have, in many cases, run the course and have done the damage before ASCI rules on them.

As the country gets more consumerist, the greater the need for protecting the consumer.

ASCI is, thankfully, aggressively educating advertising professionals on how they could be creative ‘with a conscience’. Unfortunately, this, too, is self-regulated - and self-administered.

Advertisers and advertising agencies must introspect on the messages they convey through their communication if they want to avoid submitting all proposed advertising to a regulator.

Before the advent of satellite television, all advertising on Doordoorshan had to be vetted by the broadcaster before airing. Indeed, it was common practice for advertising agencies to submit storyboards for approval before production. The practice was cumbersome and time-consuming - but, by and large, consumers were protected.

Advertisers and agencies need to understand and recognize that, while profit is important, profits cannot be made by deceiving the consumer.

Did you think that most of the misleading ads were by small brands? They’re not. “What strikes you most is that most of the misleading advertisements are issued not by some small fly-by-night companies, but big corporations, who could even be, members of ASCI. I am specifically referring to cases such as that of Piramal Healthcare on ‘Getting complete energy in 8 days or Money back’ or the AIRTEL Digital TV advertisement on ‘Free Regional Pack for life’ or the one on NUZEN Gold hair oil. As the report says these are all cases which could not substantiate their claims when questioned by the CCC of ASCI,” said Thomas.

Watch the YouTube video of ‘Lifetime free language pack’ ad here:

ASCI is doing Spartan work in trying to improve matters and inculcate a sense of responsibility into the industry. What is needed, if self-regulation is to continue, is for the industry to demonstrate that they are, indeed, self-regulating, and that governmental oversight is not required.

For that to happen, the largest advertisers and the largest advertising agencies need to be the first to demonstrate commitment to responsible advertising. If that doesn’t happen, get ready for the old days, when you’re camped in Delhi waiting for the commercial to be approved, even as your to-be-launched product is ready to be shipped.