Advertising and Society

UNIT 15 ADVERTISING ETHICS AND CODES

Structure
15.0 Introduction
15.1 Learning Outcomes
15.2 Defining Ethics
15.2.1 Meaning of Ethics in Advertising
15.2.2 Need for Ethics in Advertising
15.3 Regulatory Bodies for Advertising in India
15.3.1 Defining ASCI
15.3.2 ASCI Goals
15.3.3 Need for Advertising Regulation
15.3.4 AAAI
15.4 Misleading Advertisements
15.5 Surrogate Advertising
15.6 Puffery
15.7 Advertisements That Targeting Children
15.8 Advertising Codes
15.9 Banned Advertisements Examples
15.9.1 Controversial Advertisements
15.10 Let Us Sum Up
15.11 Check Your Progress: Possible Answers
15.12 References & Further Readings
15.13 Glossary

15.0 INTRODUCTION
In the previous chapter, you have studied about advertising laws and in this chapter,
we will focus on advertising ethics and codes. Mass media is one of the most important
mechanisms that brings change in society. Considered to be the fourth pillar of a
democratic society, mass media enables us to rethink and revise the values of our
world. In the globalized era, the importance of mass media has been heightened.
This growth of mass media is a reflection of its importance in representing and
disseminating ideas that have effectively transformed our core socio-political, cultural,
economic, and historical principles.
Mass media’s transformative appeal makes it imperative that we use it with a sense
of responsibility and by following the legal and judicial laws accorded to all its moves.
The interface of legal, judicial, political, social, and ethical also forms the core of
advertising medium. Advertising is a mass media offshoot that concerns itself with
providing a message about various products, services and events to society. One
of the most important issues that advertising concerns itself with is to convince the
viewer to buy a specific commercial product or to endorse a particular campaign.
306 In today’s global consumptive market, where cut-throat competition is the key to
increasing one’s profits, advertisers have often been criticized for misleading and Advertising Ethics
and Codes
deceiving the consumers.
Often, advertisers have made exaggerated, unsupported statements regarding a
product they endorse in order to persuade the consumers to buy the product. This
misuse of advertising demands that a few checks and balances need to be in place.
The various self-regulatory organizations that have been established worldwide exist
solely for this reason. They have been founded to ensure that a proper mechanism
is in place to regulate advertisements for their unverifiable claims. Such organizations
are very much the need of the times, because these bodies can safeguard the narratives
implied in various advertisements. The certification provided by these bodies will
facilitate only a truthful picture of any commercial product. Thus, these regulatory
mechanisms can place a lot of checks on the advertisers so that they do not go
overboard to sell a product.

15.1 LEARNING OUTCOMES

After going through this unit, you should be able to:
 Understand the nature and frameworks of advertising ethics;
 Analyse the functioning of various self-regulatory bodies of advertising;
 Delve into the details of various codes concerning the advertising medium
and their importance;
 Appraise misleading or surrogate ads; and
 Criticise various advertisements that have violated the codes.

15.2 DEFINING ETHICS

Now, before we go into detail, it is necessary for us to know about ethics and
what it means in the world of advertising. Ethics are a set of moral principles that
lead a person’s behaviour vis-à-vis the society or the conducting of an activity. Ethics
are philosophical mode of disciplinary terrain that distinguishes the good from the
bad, the right from the wrong, and enables us to define our moral duties and
responsibilities. In short, one can say that the discipline of ethics is concerned with
defining good conduct, good behavioural practices, and what ought to be done by
an individual or a body to establish a better society.

15.2.1 Meaning of ethics in advertising

Noted American Professors Edward Spence and Brett Van Heekeren say that “a
set of perspective rules, principles, values, and virtues of character that inform and
guide interpersonal and intrapersonal conduct of people towards themselves” is called
ethics. So, when rules and principles are not applied to advertising copy, advertisers
may take advantage and make a consumer purchase services or goods even though
that person may not necessarily need them. And yet, the person purchases the product
– because of persuasion, influenced by the numerous advertisements of the goods
or services in the media.
Thus, a clever, enticing but deceptively worded advertisement copy has enormous 307
Advertising and Society potential of “manipulating” the mind and entice the consumer to buy those goods
and services.
Hence, ethical practices in the field of advertising refers to a framework of well-
defined principles and codes that moderate the ways of communication and narrative
practices ensuing between the advertiser and target audience.

15.2.2 Need For Ethics In Advertising

Like other forms of mass media, advertising is also a means of communication. As
a communicative practice, advertising’s primary motive is to sell a product to a target
audience. Nevertheless, advertising’s role and significance in society is always a
matter of discussion and deliberation. Even as its true nature and importance is open
for debate, advertising emerges as a crucial mechanism to further knowledge and
provides different information regarding any product available in the market at any
given moment.
Our global consumptive market has led to the intensification of various commercial
brands for a single product. And advertising enables the consumers to make an
informed choice about a product and the brands associated with that product. Hence,
advertisements can clear doubts and confusions for the consumers and enable them
to exercise their agency.
Granted that advertisements can provide information about different products to
buyers, there have been instances where advertisers have used their professional
role to manipulate the choices of buyers. It is this manipulation by advertising agencies
that has resulted in the exploitation of consumers. This lack of ethical responsibility
in the form of misleading advertisements not only endangers the credibility of advertising
agencies but also corrupts our socio-cultural and political ethos. To sell any product
or brand, advertisers have often resorted to malpractices and uncorroborated claims
about the product. Consequently, these advertisements have resulted in betraying
the trust of the consumers and dismantles our socio-cultural values.
This is the reason why self-regulatory bodies and ethical codes of conduct to monitor
advertisements and advertising agencies are needed. These bodies can ensure that
communication enabled by advertisements provide a true picture of the products.
And thus, these regulatory mechanisms can warrant the growth of an ethically righteous
world where image is equal to reality.

ACTIVITY 1
For one week, observe the advertisements appearing on television, radio, or in
newspapers. Identify the ads that try to mislead you as a consumer. Write down
your observations.

Check Your Progress: 1

Note: 1) Use the space below for you answers.
2) Compare your answers with those given at the end of this unit.
1) Define ethics.
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 Advertising Ethics
15.3 REGULATORY BODIES FOR ADVERTISING IN and Codes
INDIA
The rules and laws that define the ways a product or service can be advertised in
a particular region is implemented by the regulatory bodies. Their purpose is to
make sure that advertisers are truthful and fair to their consumers and that
advertisements are not used indiscriminately in the promotion of products that can
be harmful to the individuals or society. One of the most well-known of the regulatory
bodies around the world is the Advertising Standards Council of India (ASCI), a
non-statutory body. It is imperative for the advertisers to ensure that advertisements
respect all the advertising laws—both local and national.

15.3.1 Defining Advertising Standards Council of India (ASCI)

ASCI is not a government body; it is self-regulatory and voluntary. Established in
1985, ASCI’s mission is to keep and raise the public’s confidence in advertising.
ASCI ensures the protection of the interests of consumers.

15.3.2 ASCI goals

ASCI has sought to ensure that advertisements follow its rules for self-regulation.
So, advertisements ought to be:
1) Truthful and honest: Advertisers should use fair language and visual means
and be non-derogatory towards other competitors.
2) Non-offensive towards the public: Advertisements should not be offensive
and must adhere to generally accepted norms and standards of public
decency.
3) Fair in competition: Advertisements should observe fairness in competition,
which means consumers’ needs and choices will be prioritized over profits
and other commercial transactions. Even if several brands are available,
advertising agencies should offer a truthful picture of the products to buyers.
Thus, in India, ASCI aims to monitor, administer, and promote standards of advertising
practices. ASCI requires advertisements to abide by the legal terms of the regulatory
body.

15.3.3 Need For Advertising Regulation

There are two main purposes of advertising regulation:
1) to protect competition, and
2) to protect consumers from harm.
Advertisement regulations are typically concerned with three main causes:
1) Deceptive or unfair advertising content
2) How advertising is delivered to consumers
3) Protection of susceptible groups, like children
So, advertising agencies need to follow certain rules that can enable proper and
effective communication to take place between the industry and consumers. 309
Advertising and Society Advertisements should comply with legal norms, be honest, truthful and decent.
One must think of the social responsibility towards the consumer and society as
a whole when making an advertisement, and give due respect to the rules of fair
competition. This is achieved through the establishment of a set of rules and principles
of best practices, and which the advertising industry voluntarily agrees to conform
with.

15.3.4 Advertising Agencies Association of India (AAAI)

Established in 1945, the AAAI is an organizing body committed to furthering the
interests of the consumers and simultaneously, ensuring that the ethical dimension
of advertisements is followed in practice and spirit.
The roles, objectives, and duties of the AAAI can be divided into three major parts:
1) consumer centricity;
2) broadening the scope of advertisements; and
3) associating with the government to advance the interests of institutional bodies
and contribute to the cause of the nation.
Under the scope of consumer centricity, the AAAI seeks to secure the interests of
the consumers through the means of a surveillance mechanism monitors advertisements’
credibility and aesthetic taste.
Within the rubric of broadening the scope of advertisements, one can see a further
subdivision:
a. By ensuring that advertisements follow a certain protocol, the AAAI augments
the opportunities and sales, furthers the production, and boosts the circulation
of the advertising products. This increase in circulation automatically leads
to an upsurge in sales and profitability besides having an overall positive
impact on economy.
b. The protocols strictly maintained by the AAAI allows a healthy environment
to flourish between various media sites, advertisers, and advertising agencies.
These protocols facilitate the harnessing of energies and synergies of the
advertising media to be fully realized. The checks and balances imposed
on the advertisers and media houses become a necessary component in
using the resources of advertising agencies for the benefit of the nation.
This organizing body directs the advertising medium to usher in a more
vital civic society, where citizens are conscious of their choices and agential
role. This awareness of the citizens, enabled by conscientious advertisements,
develops into a critical tool in improving the functioning of the civic bodies
of our nation.
c. Nation-building, as underscored by advertisements, can be understood as
opening up the world market for all people, regardless of class, caste, or
gender. Businesses can not only flourish but also can enrich our social world
by offering us information, ideas that had thus far eluded the mainstream
society. Another way to comprehend the national role of advertisements
in enabling society to reach greater heights is to read advertisements as
acting as the votary of the good and the principled.
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 d. Advertisements, as regulated by the AAAI, directs our attention to small- Advertising Ethics
and Codes
time entrepreneurs. These small-time local businesses can use the media
of advertisements to promote their products and thus, mobilize a healthy
market. In other words, advertisements redraw our history where even the
“voices from below” can have their say.
e. One of the important ways to interpret the value of advertisements is to
ensure that its credibility is not marred by insensitive portrayals of any
character, event, religion, caste, class, and so on. Another way to hold on
to the value of advertisements in our lives is to maintain the aesthetic and
social content or style of advertisements. Credibility, however, needs to
be juxtaposed with the legal arm of the government. To remain abreast of
the taxes and other related laws levied on tobacco or alcohol, the AAAI
guarantees that pharmaceutical industries and other important organizations
have the same chance offered to advertisers.
f. The AAAI, thus, is committed to representing diverse voices, agencies,
bodies, and so on. This apex body of advertising agencies emerges as a
mediating influence between media, advertisers, agencies, and government
bodies in drawing a cultural climate that rejects opportunism, hate-mongering,
and hierarchization. While this apex body is geared to serve the interests
of the consumers, it is simultaneously engaged in fashioning a professional
atmosphere governed not by self-interest but maximizing the benefits for
all.
g. This creation of professionalism between media houses, agencies, and
advertisers also leads to the banning of specific products on the advertising
medium. These include the banning of advertisements displaying products
or themes like:
1. tobacco;
2. alcoholic beverages;
3. instant or magical relief provided by certain pills or medicines;
4. advertisements that vitiate the religious sentiments of our democratic
nation;
5. advertisements that function as political propaganda; and
6. advertisements that psychological, emotionally, or physically harm minors
or exploit their gullibility.
The censorship offered by this regulatory body attempts to mobilize a world free
of prejudices and stereotypes, and is committed to the cause of establishing a healthy
society.
Check Your Progress: 2
Note: 1) Use the space below for you answers.
2) Compare your answers with those given at the end of this unit.
1) Describe the ASCI and its role briefly.
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Advertising and Society 2) State the reasons for the need of regulatory bodies in advertising.
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Over the years, the world of advertising has shifted, changed and morphed into
something completely different from what it looked like at its conception. Many
describe advertisements as parasitical,untrue or [Link], the industry’s
practices have not really been ethical. So the criticisms levied against it for encouraging
materialism, exaggerating claims and manipulating consumers can be considered
warranted. Let’s discuss the varying criticisms of the advertising’s influence on society.

15.4 MISLEADING ADVERTISEMENTS

The importance of advertisements in our society is twofold: first, they offer information
about a specific product, service or idea, and the second is that they facilitate promotion
of products and services to a wider section of society. However, in trying to disseminate
information or in promoting the given product or services, advertisements have been
known to make claims that are patently misleading. One of the main reasons for
the unethical practices within the field of advertising is that advertisers bypass the
rules of integrity with claims of truthful representation while offering to the consumer
incorrect information about the given product or service. It is because these
advertisements disregard the norms of ethical behavior that the ASCI or AAAI code
lays down specific regulations. This regulatory code compels advertisers not to
mislead the consumers by providing incorrect information, the partial truth, or by
suggesting any hyperbolic statements about a product to the consumers. Advertisements
should disseminate information and promote products only on the basis of
substantiable evidence and not by hiding or contradicting any known facts.
Example: One can read about the (in)famous “Gillette Victor Plus”, in which
the advertisement stated that “the Blade lasts for 3 weeks” whereas the factual
evidence was that the Gillette blade lasted for only 7 shaves. The advertisement
was later withdrawn under the ASCI code.

15.5 SURROGATE ADVERTISEMENTS

Another instance of banned advertising in our country is the use of surrogate advertising.
Surrogate refers to substitution, replacement, and extension, which includes any
advertisement that uses the means of another product to promote the banned product
under the same brand. The government of India, under its strict regulations, has
banned the advertisements of liquor, tobacco, etc. As a counter reaction, liquor
and tobacco companies have started coming up with new methods to endorse such
banned products. It is these alternative means of promotional tactics that refers to
surrogate advertising. This kind of advertising utilizes psychological effects of
displacement to draw a certain product in the minds of consumers in connection
with another product that is not banned under the government’s regulations. It is
an interesting and fascinating means of advertising as it creates a market for an
organization to promote two products under the same brand.
Example: Considering the liquor industry is a taboo field under the government
312 regulations, advertisers have often had to rely on surrogate advertising. The
advertisements for Kingfisher mineral water, Bagpiper soda and CD use water, Advertising Ethics
and Codes
soda and CDs as a facade to hide their real products, which is of course liquor.
These products have been advertised merely so that consumers can connect
Kingfisher’s mineral water with their beer and Bagpiper soda and CDs with
their whisky.

15.6 PUFFERY
Puffery is another form of misleading advertising. Defined by exaggerated statements
that tend to misguide people, puffery defines the proverb “empty vessels make the
most sound”. This means that the statements underlined in such advertisements have
no basis in fact and most of the times they are vague with no specific contours drawn.
Example: The famous Energizer battery advertisements have the tagline “Nothing
outlasts the Energizer” is an illustration of puffery because this statement can’t be
proven or substantiated. In other words, puffery is an example of going overboard
without knowing the “why” and the “how” of the product. Puffery is undergirded
by its mechanism of selling a product under any circumstances and by flouting any
rules or norms.

15.7 ADVERTISEMENTS THAT TARGET CHILDREN

Advertising and vulnerable sections of society
In the age of social media, instant gratification and”everything available at the click
of a button” have become a way of life. So it stands to reason that companies’
methods of advertising their products have also seen a massive shift. At one time,
advertising used to be a thoughtful process that advertisers took their time with,
where ads were made keeping in mind the emotional quotient of the audience (and
thus had a lasting effect on the minds of customers). Today, it has become a game
of numbers. It is all about being visible to the customers by hook or by crook.
Needless to say, consumer satisfaction and brand reputation have taken a back
seat. And as a consequence, ethical issues in marketing have had to become center
stage. It is key for brands to understand how to manoeuvre the advertising space
correctly in order to keep their reputation intact and their customers happy.
Targeting the audience via unethical advertising
Advertisements are of course a powerful medium for the promotion of services,
goods, and even brands. The primary objective of an advertisement is to inform
their target demographic about the products and services being offered, convince
them that their services are finer than the rest and maintaining awareness about their
products and services–to live in the minds of the prospective customers.
Advertisements should thus help a person to make informed decisions about their
purchases.
There is however tremendous competition in the market, and consequently, immense
pressure to attract more and more consumers. Owing to this and the constant demand
from companies to increase sales, profits, and business, advertisers often resort to
false and misleading campaigns that include outlandish claims, which are not backed
by any scientific or clinical data. 313
Advertising and Society By doing so, they not only breach the rights of the customers–a very important
one being the right to be informed–but also have a negative impact on consumer
decisions.
How are kids vulnerable to this practice?
Unfortunately, the most vulnerable group, one that easily falls prey to such unethical
advertising, is younger children. Relying on what can be called the “pester power”of
kids, advertisers force parents to buy things that they don’t really need. Brands
today position their products to young consumers. This makes children whose parents
can’t afford a particular product feel inferior, frustrated and inadequate, particularly
if their peers all seem to have it.
From unhealthy foods and drinks to extravagant toys and lifestyle products, none
of which are actually needed, brands don’t shy away from making kids feel as though
their lives are incomplete without their products.
Some sources say that kids watch roughly 16,000 advertisements every year. And
as the number of smartphones and other gadgets per home increases, the number
of advertisements viewed will likely grow as well.
Precautionary measures
Marketing to children is not a bad idea. It’s how toys get sold, games get played,
and hence form a crucial part of the economy. However, if your target market is
kids, it becomes the advertisers’ responsibility to keep them safe and not influence
negatively.
Brands and advertising agencies need to own up to the fact that they are responsible
for what they market to kids and how. The onus is on them to protect any personal
information that kids may have put online while watching ads that crop up everywhere,
and to not influence them to the point where they start feeling inferior, depressed,
or develop behavioural issues for not owning a certain product.
Brands also need to ensure that their products are safe for kids to use if they are
the target demographic.
And the parents’ role here is to help kids become intelligent buyers, make them
realize what is important for them and what is not, and help them make the right
choices when it comes to purchasing goods and services.
So, as discussed above, children are the section of the audience who get most
influenced by advertisements. The increase in screen time has led kids to be exposed
to all kinds of content and the advertisements that come along with it. Kids often
lack the cognitive defense needed to defend against buying things that may be quite
unnecessary to them – chief among such products being unhealthy food. One can
lessen screen time for kids and help them understand the difference between needs
and wants. However, there is also an immediate need for policy regulation in advertising
to children in order to restrict undesirable advertising.

ACTIVITY 2
During cricket season or on sports channels, observe surrogate advertisements
and write down your observations.
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The ASCI is devoted to self-regulation in advertising, ensuring the protection of Advertising Ethics
and Codes
the interests of consumers. The purpose of ASCI’s code not to impede the sale of
products that may be found offensiveby some people, but to control the content of
[Link] there may be conflicting views about whether an
advertisement is acceptable, it is judged on the basis of the rules given below, which
apply to advertisers, advertising agencies and the media.

15.8 ADVERTISING CODES

Chapter I
To ensure truthfulness and honesty in advertisements, be it certain representations
or claims made byadvertisers, and to safeguard against marketing that can be
considered misleading.
 Advertisements should be truthful. Descriptions, comparisons or claims that
are matters of objective fact should be open to substantiation. Advertisers
and agencies need to produce verifiable proof when the ASCI calls upon
them to do so.
 Sources and dates of research or assessment must be indicated in the
advertisement in instances where they support or form the basis of advertising
claims.
 Advertisements should not contain reference to any person, firm, or institution
without due permission from the [Link] should also not contain a picture
of recognizable persons without due permission.
 Advertisements should not twist facts or mislead consumers by implying
or omitting certain information. They must not contain statements or visuals
that are likely to mislead the consumer about the product advertised, the
advertiser, or about any other product or advertiser – whether directly,
by omission, by ambiguity, by implication, or by exaggeration.
 Advertisements must not be framed in a manner that abuses consumers’
trustortakes advantage of their lack of experience or knowledge.
Theymustnot contain a claim so exaggerated that it leads to momentous
or widespread disappointment for consumers. For example:
1. Products shall not be described as “free” where there is a direct cost
to the consumer other than the cost of delivery, shipping, or postage.
If such cost is to be paid by the consumer, the advertisement should
make a clear statement about the same.
2. In cases where advertisers claim thata product will be provided “free”
with the purchase of another, the advertiser must show that the price
paid by the consumer had been advertised as such when called upon
the ASCI.
3. Claims that say”up to five years guaranteed” or “prices from as low
as Y”and use other such expressions are not acceptable if there is a
possibility of consumers being misled about the availability or the
applicability of the benefits offered.
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Advertising and Society 4. Advertisements should take special care and exercise restraint when
addressing those suffering from weakness, perceived flaws in physical
attributes, such as height, obesity, baldness, illness, impotence, bust
development, infertility, etc. They must ensure that claims or
representations do not go beyond what is considered advisable by
generally accepted medical practices or standards and the actual potency
of the product.
5. Advertisements that encourage the public to invest money must not
contain statements that may mislead consumers in matters of security,
terms of amortization, offered rates or returns. If any of such elements
depend upon the continuation of or change in existing conditions or
must make other such assumptions, those must be clearly indicated in
the advertisements.
6. Advertisements, when inviting the public to take part in price
competitions, contests that offer other kinds of rewardsand lotteries
permitted under the law, shall clearly state all material conditions for
the consumers to obtain an objective view of their prospects when
participating. Advertisers should also make provisions for the judges
of such competitions, the announcement of results, and the just distribution
of prizes according to the terms and conditions advertised, within a
reasonable period of time. The advertiser is responsible, under this section
of the code,for announcing the results of the competition where the
main results are publicized in the media as far as is practicable, and
advise the individual winners by post.
7. Obvious untruths or exaggerations with the intent to amuse or to simply
catch the consumer’s eye are permissible, as long as they are clearly
shown as humorous or hyperbolic, and are not likely to be thought of
as making literal or misleading claims for the advertised product.
Chapter II
To ensure that advertisements are not offensive to the generally accepted standards
of public decency. Advertisements should not contain anything indecent, vulgar, or
repulsive concerning generally standards of decency and property, or cause
momentous or widespread offence.
Chapter III
To safeguard against the indiscriminate advertising for promoting products that are
considered hazardous to society or individuals to a degree, or of a situation that is
unacceptable to society at large.
 Advertisements shall not be permitted if they:
1. tend to incite crime or promote disorder, violence or intolerance;
2. deride a race, caste, creed, colour, or nationality;
3. encourage people, especially children, to imitatecriminality shown in
the advertisement, or present criminality as desirable;
4. harm friendly or peaceful relations with a foreign state.
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  Advertisements that address children shall not contain anythingthat might Advertising Ethics
and Codes
harm them – physically, mentally or morally – or something thattakes
advantage of their vulnerability.
For example, advertisements must not:
1. encourage children to interact with strangers or enter places unknown
to them to collect coupons, labels, wrappers, and other such items;
2. depict children leaning unsafely out of windows or over bridges, climbing
dangerous cliffs and the like;
3. show children climbing precariously or dangerously reaching for products
or for any other purpose;
4. show children using or playing with inflammable or explosive substances,
using matches or sharp knives, guns, etc.
 Advertisements should not contain material that would be in breach of the
law or exclude anything that the law requires.
 Advertisements shall not promoteor provide a platform for products that
have been banned under the law.
Chapter IV
To ensure that advertisements inform the consumers about choices existing in the
marketplace and observe generally accepted competitive behaviour in business.
 In the interest of healthy competition and enlightening the public, advertisements
that compare manufacturers, suppliers or other products, including instances
where competitors is named, are permissible,as long as:
1. it is clear to viewers which features of the advertiser’s product are
being compared with which details of the competitor’s product;
2. the comparison is not posed in a way thatgives an artificial advantage
to the advertiser or implies that a better bargain is on offer than is true;
3. the comparisons are accurate, factualand lend themselves to
authentication;
4. the comparison doesn’t mislead consumers – whether the comparison
is about the product, advertiser, or the product being compared;
5. unfairly disparaging, attacking or discrediting certain products,
advertisers, or advertisements – directly or by implication – is steered
clear of.
 Advertisements muct not unjustifiably use of the name or initials of any other
firm, company or institution. They should also ensure that they don’t benefit,
through unscrupulous means,from the goodwill attached to the symbol or
trademark of another firm or its product, or the goodwill obtained by its
advertising campaign.
 Advertisements must not be too similar to other advertisements in general
layouts, slogans, visual presentations, copy, music or sound effects as
consumers are likely to be misled or confused. 317
Advertising and Society
ACTIVITY 3
Analyse television commercials where women are presented in a derogatory manner.

The rules listed above are simply a part of the entire code that ASCI has drawn
up. However, given in the next section are some cases where advertisers misled
their consumers and were pulled up for the same.

15.9 BANNED ADVERTISEMENTS EXAMPLES

Colgate: The claim in the advertisement with the slogan “No germs, no cavities”
was considered to be an exaggerated and misleading claim; the advertisement had
to eventually be withdrawn.
Alfa water purifiers: The statement “Boiling water destroys vital salts and minerals”
was found to be misleading. The ASCI ordered for the modification of the
advertisement.
Liquor brands: Royal stag, Sterling Reserve and Blenders Pride, which are all known
for whisky, were large advertisers during the IPL seasons for packaged water and
music CDs under the same brand names.
Coronil: During the Covid-19 pandemic, Patanjali launched a Coronil and Swasari
kit, claiming that it was the world’s first ayurvedic treatment for the coronavirus.
Coronil was banned as it was violating the Drugs and Cosmetics Act, 1940 and
the Drugs and Magic Remedies Act, 1954.
Clinic All Clear shampoo: Hindustan Lever has withdrawn its advertisement of
the Clinic All Clear anti-dandruff shampoo, which was claiming to be three times
better than others.
Ranbaxy Garlic Plus: Ranbaxy Laboratories Ltd. claimed that consuming Ranbaxy
Garlic Plus every day is more effective than eating raw or cooked garlic.
Zatak Deo: The advertisement was banned as showing women in a derogatory
manner, where a married woman gets distracted by the smell of the perfume worn
by her neighbour and both become sexually attracted.
WhiteHat Jr: Mumbai based EduTech startup, WhiteHat Jr, withdrew its
advertisement as it violated the ASCI code. The advertisement urged young children
to take up computer programming classes to secure their future. and was criticized
for claiming that knowledge of coding enables children as young as six and seven
years of age to develop apps that will build their future.
Some ads may not violate the codes or be unethical in any way, but could hurt the
sentiments of certain sections of society. In such instances, the ads are often withdrawn
to ensure continued goodwill of the people for these brands or to appease the
[Link] it’s not only important for advertisers to follow the legal ethics but
be cautious of the social implications in their advertisements too. Take a look at
some examples below.

15.9.1 Controversial Advertisements

Besides these, there are advertisements that tried to evolve with changing times
318 but hurt the sentiments of the people who believe in certain Indian traditions and
cultures. Here are some examples of such commercials that have been in controversy Advertising Ethics
and Codes
in the recent past:
1. Sabyasachi Fine Jewellery: The advertisement featured a woman wearing
a mangalsutra in an intimate position with a man. The designer brand
Sabyasachi had to withdraw the advertisement as people found it obscene
and against Hindu culture.
2. Dabur: Dabur India faced criticism for its commercial of Fem bleach. The
advertisement with the tag line “glow with pride” showcased a same-sex
couple celebrating Karwa Chauth. The advertisement was later withdrawn
by the company.
3. Manyavar: Manyavar and Mohey's advertisement with the concept of
Kanyamaan – “tradition wahi, sochnayi” – faced backlash due to its concept.
The commercial tried to highlight sexism present in the ritual of Kanyadaan
and tried to send out a message that daughters are not just a burden to be
married off. The advertisement tried to highlight equality between the genders,
but many considered it as an attack on the popular Hindu ritual.
4. Tanishq: Tanishq jeweller’s “Ekatvam” advertisement projected interfaith
marriage, where a Muslim family performs a Hindu ritual, i.e., a baby shower
is being performed for their Hindu daughter-in-law. The advertisement was
withdrawn by the company after being criticized by certain Hindus for
promoting “love-jihad”.
5. Surf Excel: The advertisement showed Hindu–Muslim unity during the
festival of Holi with a tag line “Rang laaye sang” to show the love between
two communities. This hurt the religious sentiments of right-wing nationalists.
6. Fabindia: The brand was in controversy for its clothing collection during
the Diwali festive season, because their collection was named “Jashn-e-
Riwaz”, a phrase that means “celebration of tradition” in Urdu. The brand
has to withdraw the commercial because the religious sentiments of certain
people were hurt due to use of the Urdu language.

ACTIVITY 4
Make a list of banned advertisements. Analyse and discuss with friends.

15.10 LET US SUM UP

In this unit, we discussed the meaning of ethics and we tried to focus on the need
of ethics in advertising.
Further, we discussed the present state of ethics of advertising in India and explained
how the advertising industry is regulated and controlled. The working of the ASCI
and AAAI, the most prominent self-regulatory bodies of advertising, was explained.
Then we talked about misleading advertisements, where the advertisers make claims
that are incorrect or simply present the partial truth. We also discussed how banned
products are advertised through surrogate advertising. Further, it was observed how
these days advertisements are exaggerated to sell their goods, resulting in puffery.
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Advertising and Society Since children are the most vulnerable section of society, they are being targeted
by advertisers to promote their products.
Further, codes of advertising standards are mentioned in detail. Then we analysed
various advertisements that were banned by the regulatory body. At last, we discussed
various controversial advertisements in the recent past.

15.11 CHECK YOUR PROGRESS: POSSIBLE

ANSWERS
Check Your Progress: 1
1. Ethics is a set of moral principles that rule a person’s behaviour towards society.
It tells us the difference between right and wrong and enables us to define our
moral duties and responsibilities.
Check Your Progress: 2
1. ASCI is the abbreviation of the Advertising Standard Council of [Link] serves
as a self-regulatory organization for the advertising industry. It was established
in 1985 with the aim to keep and grow the public’s confidence in the advertising
medium. The ASCI ensures the protection of the interests of consumers.
2. Regulatory bodies are required for the following reasons:
 To check misleading ads that show deceptive content;
 To protect consumers from harm; and
 To protect the competition.

15.12 FURTHER READINGS

 Jethwaney, Jaishri (2012), Advertising Management; Oxford University Press,
New Delhi
 Kohli, Vanita (2010), The Indian Media Business, Response Books, New
Delhi
 Spence, Edward and Van Heekeren, Brett (2005), Advertising Ethics; Pearson
Prentice Hall, New Jersey, USA
 Hasan, Seema (2013), Mass Communication: Principles and Concepts, CBS
Publishers, New Delhi
 Gupta, Ruchi (2012), Advertising: Principles and Practices, S. Chand &
Company Ltd, New Delhi

15.13 GLOSSARY
Advertisement : a paid public announcement appearing in the media
Agency : a company that is in the business of creating
advertisements, packaging and providing marketing and
promotional counsel to its clients
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Client : a company that offers a product or service in need of Advertising Ethics
and Codes
promotion, and employs an advertising agency to create
advertisements
Commercial : an audio or video advertising announcement, usually
presented on television, radio or in movie theatres
Consumer : a consumer is also known as a buyer – an individual at
whom advertisements are aimed
Layout : a design for graphic advertising production, that roughly
depicts the look of the final advertisement
Marketing : the techniques used to attract and persuade consumers
Market Research : a study of consumer groups and business competitions
used to define the projected market

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