What is ASCI's role? How many members does it have?-m.jpg)
ASCI's goal is to maintain and enhance the public's confidence in advertising. It ensures that all advertisements conform to the ASCI code. This is done by propagating the code among our members, who typically comprise advertisers, advertising agencies and allied professionals. We currently have nearly 310 members, with advertisers comprising the major chunk.
Not many consumers know about the existence of ASCI or that it handles individual complaints. Do you think greater awareness is required about the body's role?
This would have been true about five months ago. However, since the beginning of this year, we have launched a campaign to make the public aware of ASCI and its code through print and television advertisements, hoardings, banners and posters. We have also started visiting schools and colleges to introduce the campaign and involve the youth. Earlier, we used to get about 20 calls a month concerning 14-15 advertisements. Now, we get over 200 calls a month. This does not necessarily mean that there are more complaints. We receive about 20 complaints, of which 11 are from individuals and eight from within the industry. The rest are suo motu, that is, if we see an advertisement, which we feel goes against the code, we proactively initiate action against it.
How does ASCI's Consumer Complaints Council (CCC) resolve complaints? What is the compliance rate?
The CCC plays a major role in resolving complaints. Once a complaint comes in, we send it to the advertiser without revealing the identity of the complainant. Following the principle of natural justice, we give the advertiser 15 days to respond. When the response is received, the complaint, along with the response and a copy of the advertisement, is presented to the CCC, which meets once a month. Then a call is taken on whether the advertisement contravenes any part of the code, depending on which it is changed fully or partially. Typically, only one portion, not the entire chunk, of the advertisement goes against the code, in which case only a part is modified.
Currently, the compliance rate is about 80 per cent; it was almost 94 per cent last year. The non-compliance is typically by smaller advertisers in non-urban areas, where letters or communication don't reach. Sometimes, it also becomes difficult to trace the advertiser. Regarding TV, the compliance rate is 100 per cent as the implementation of the code has been made mandatory by the Ministry of Information & Broadcasting.
ASCI's verdict comes into play 4-6 weeks after a campaign's release, much after the damage has been done. Has ASCI done anything to reduce the verdict time?
If we don't give companies two weeks to respond to the complaint, we wouldn't be following the principle of natural justice. The party has to be given a fair chance, otherwise they can take ASCI to court. Although there is scope for time reduction, and we have attempted this in the past, it is legally not acceptable. This is because sometimes an advertiser needs time to present his side of the story, say, provide scientific data. To cut this time, we proactively visit companies and inform them about the finer aspects of the code and ensure that their scientific data is in place before the advertisements go on air. This has helped to a large extent.
Some experts believe that misleading advertisements should be handled by an external regulator rather than a self-regulatory organisation like ASCI. Does self-regulation work?
It does work and is easy when one frames the regulations oneself. For example, 21 of our members are food and beverages advertisers and they drew the guidelines for the industry by participating in three workshops facilitated by ASCI. They discussed international guidelines, as well as other provisions existing within India. For the automotive guidelines, we had only five members, so we approached the Society of Indian Automobile Manufacturers (SIAM), the apex industry body representing leading vehicle manufacturers in the country. They went through the guidelines and now we have the entire automotive industry backing our guidelines.
Self-regulation may not work in a scenario where you want instant justice. In such a case, a court injunction may be your best solution. Though this route guarantees immediate action, such as the discontinuation of an advertisement, the case may linger in the court for years. On the other hand, while ASCI may take 4-6 weeks to resolve an issue, at least it gets sorted. Most companies approach the court only when there are complaints pertaining to denigration, otherwise they come to us.
Does ASCI also handle complaints about advertisements by companies in the financial services sector?
Yes, we do. We have handled complaints against insurance companies as well as banks, but not necessarily of a financial nature. The complaints could be regarding indecent advertisements or those that don't follow protocol, say, a disclaimer in an illegible font size. We are also looking at guidelines in the insurance space to ensure that advertisements do not mislead customers. We need to get members from insurance firms and hold a self-regulatory conference.
What will be the way ahead for the body?
We aim to involve the youth through interactive platforms. We are trying to launch an e-magazine and create awareness among the people who are involved in policy-making in the government.
