Last Updated on July 1, 2022 by Neelam Singh
The year 2020 came along with a deadly virus, and the whole world was engulfed in the wrath of the COVID-19 pandemic. This disease not only forced people to take a much desired look at their health conditions, but it also brought to the fore one of the biggest problems of our times, misinformation through mass media.
In India, Advertising Standards Council of India (ASCI), a self regulatory organisation of the advertising industry works to deal with consumer issues and protection of their interests including misinformation. To understand ASCI’s work to deal with misinformation and false claims that we find in advertisements, THIP media spoke to Manisha Kapoor, CEO & Secretary, ASCI. Excerpts:
As you are dealing with the complaints of misinformation and false claims in advertisements, can you explain how big the problem is, how it affects, and a brief introduction of ASCI’s works in this regard?
Chapter I (4) of the ASCI code clearly states that advertisements shall neither distort facts nor mislead the consumer by means of implications or omissions. The problem that we are addressing is quite serious when we see consumers being misinformed in advertising with claims that cannot be substantiated. Sectors like health and education are critical; consumers are most vulnerable and deserve to be given accurate and honest messaging by such brands and advertisers. For example, if you look during the COVID-19 pandemic, only 12 of 332 ads related to COVID-19 were found to be scientifically correct. In fact, ASCI was directed by the Ministry of AYUSH in its advisory on April 1, 2020, to track such ads. So, brands cannot take unfair advantage of vulnerable consumers, and at ASCI, we are always looking at taking all possible steps to prevent them from being exploited through false or unsubstantiated claims in advertisements.
Do you think introducing CCPA solves the problem? How does ASCI collaborate with CCPA?
At the end of the day, both CCPA and ASCI have the same objective: protection of consumer interest. The CCPA is focused on misleading ads, while the ASCI code covers three other chapters, apart from the one on misleading/false claims, i.e., indecent/offensive, unsafe and harmful products/situations, and unfairness in competition.
We work in close collaboration with government bodies, including the CCPA, Ministry of Consumer Affairs, the I&B Ministry as well as the Ministry of Ayush. We also collaborate closely with regulators like the Food Safety and Standards Authority of India to constantly update and fine-tune our guidelines and formulate newer ones to keep abreast with the changing advertising landscape.
Putting up health misinformation or dubious claims in an advertisement is not always a case of simple oversight or framing a wrong sentence. It often looks intentional. Where exactly does the onus lie?
The onus obviously lies on the advertisers who, at times, get carried away and end up making unsubstantiated claims. That is why the role of ASCI becomes even more important, considering the unsubstantiated claims we saw regarding ads in several sectors – including healthcare. ASCI’s role is to ensure honesty, truthfulness and decency in advertising to avoid exploitation of vulnerable sections of society especially children along with fairness in competition.
What are the major loopholes in the system – lack of policies/strict punishment vs. lack of awareness vs anything else?
With the Consumer Protection Act (2019) coming into effect, any loopholes in the system are being closed. The CCPA, established to regulate matters related to violation of consumer rights, unfair trade practices, and misleading advertisements, is a very robust mechanism. With monetary penalties and even the possibility of erring advertisers facing jail time, we are seeing the system improve rapidly.
Yet, there is a lot to be done and we all need to stay vigilant. Even with celebrities now having to follow strict due diligence about the products and services they endorse, the advertising landscape is regulated in a healthy manner.
We need consumers to be vigilant and report advertisements that they find misleading, across mediums. When a self-regulatory body like ASCI, various government bodies and the consumers all come together, we are sure to see loopholes closed as they appear.
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