“The Digital Marketer” vs “The Digital User” - User Centricity

1.2. INTRODUCTION User Centricity is a term given to the growing power of Users. In the digital front, it defines the growing-  Acceptance  Customizations  Familiarity It also stakes to the endorsement of digital society and its  Tools  Mechanisms  Working  Modus-operandi by the Common Man Any user of today’s Digital services, is far more evolved than the average user a decade back. Concordantly, this whitepaper attempts to discover -  Points of Conflict  Approval  Degree of Acceptance  Causality  Conclusion Of the fight between the ever-evolving powers of both, “The Digital Marketer” and “The Digital User”. 5 1.3. CURRENT SCENARIO Who is the digital user? One of the foremost areas of research is identifying the focal point of study to be undertaken and the reason for which it has proved itself necessary. A digital user is now that evolved entity which has shown and proven its worth in changing the market perception and product acceptance He / she is now more evolved and more connected with more say in the things at hand be it social, cultural or economical. A digital user is now more aware has better perception and ingenuity, and is heavily dependent on the social sphere and digital biome. 1.3.1. DIG SHOWS THE SYMBIOTIC RELATIONSHIP BETWEEN THE DIGITAL USER AND THE DIGITAL BIOME It can be defined as an involvement on the part of a user or its community, to withdraw and supplement information to and fro from the digital biome, thereby maintaining a constant connect with it, in all parts of daily activity. DIGITAL USER FEEDS THE DIGITAL BIOME DIGITAL BOME FEEDS THE DIGITAL USER 6 Digital is now much bigger than IT or Telecom, digital has now encompassed all the other subsets of connectivity. Thus us a digital user is not merely limited to social presence or online persona, it’s a manifestation of all evolving spheres of life which have been altered by the advent of digital unisense in the singularity. Who is the digital marketer? A common outlook for a digital marketer is the usage of following for marketing of any product or service-  Blogs  Microblogs  Facebook  Twitter  Virtual applications  Digital sundry  Digital techniques The envisage of greater reach and lower cost has opened up the flood gates of many a businesses to come forth on the digital filed to brandish their trade. A common split of 70-30 is followed which depends upon market, sec, product, quarter etc. The digital marketer has come into existence for the sole reason that business exists in the realm of the digital and the potential hiding the digital user. Where this perfect seeming plan is bound to go wrong, rather has started to do so, is what the analysis is about, further on. 7 1.4. PROBLEMS BUILDUP What is at stakes? On a digital platform, the attributes are evened out, the big is not bigger and the small is not smaller. On an even playing field, there only can be so much scope of exposure or creativity to take effect. Failingly, the effect that has happened is saturation. The digital user has now seen and accepted most of the tricks of the trade and is now highly suspicious although still naïve, but the collective conscience is growing alarmingly. With more and more power available to the digital user, the digital marketer finds itself at a point where it can no longer hold an elevated position to those the marketing is intended. Hence the process of convincing or otherwise is severely hampered even transparent. Thus cutting profit margins and naturally scope to visualize creatively. How has oversaturation made people more exposed to digital tools? It’s but human nature, to evolve, curiously at first exploring the limits of reach and boldness on the other hand pushing the limits further and apart. The age of specialization is passed, the age of convergence is here. The underlying current of “to be better at everything”, has forced the digital user to experiment, evolve and accept almost all of the digital biome into its own personal laboratory. 8 1.5. USER ENGAGEMENT I am just a user? Do I need to worry? No, and yes. An average user is not a worry to the biome. Hardly, not all digital users are equal. The contention comes in when a singular user rises above the collective powers of digital user and digital marketer subset. When this happens, the issue of security, livelihood, economy and trust between the user and marketer is shaken. Which results in even more saturation of interest on the part of digital user. I am just a media house, do I need to worry? Following points are to be considered when making a statement on the aforementioned - Is your client base switching to digital? - Are you effectively recycling content on both digital and outdoor? - Do you have a high digital penetration? - Is your outdoor pipeline module a separate entity from the digital entity? - How do you differentiate between digital promotion returns and outdoor returns? - What ways are you dealing with user centricity? It’s almost logical to answer yes to above questions, seemingly that’s what most of the houses are doing. The showdown as a result is the user now has very low memory perception and shadow promotions continue to linger. As an example, if a digital uses begins to identify that each and every popup he encounters is worthless, after a few encounters the popups stop registering. 9 1.6. RESEARCH FOCUS What does preliminary research show? It shows that the digital user - Is still evolving - Is easily saturated - Is difficult to convert but easier to connect What it doesn’t show? - The growing power of digital user - The diminishing sophistication of the virtual markets - The unknown third party who is to benefit out of this clash of the digital market and digital user. 1.7. CONCLUSION If this is such a big issue, why is it not highlighted often? User centricity is now being understood as good thing, almost a promotion of sorts for applications, tools, software’s etc. The mere concept of having an enlightened user is appealing to the business as a connected digital user is easier to connect. However the growing disparity begins with the increase in the canonical sense of apathy on the part of digital user that hails every good thing as extraordinary and every mediocre product or service as failure. This high strung arena where the performance index is measured in the polarity of utter success or utter failure, user centricity is only raising the bar higher and higher into the unknown.

User Centricity Explained

EPILOGUE User Centricity is a term given to the growing power of Users. In the digital front, it defines the growing-  Acceptance  Customizations  Familiarity It also stakes to the endorsement of digital society and its  Tools  Mechanisms  Working  Modus-operandi by the Common Man Any user of today’s Digital services, is far more evolved than the average user a decade back. Concordantly, this research attempts to discover -  Points of Conflict  Approval  Degree of Acceptance  Causality  Conclusion Of the fight between the ever-evolving powers of both, “The Digital Marketer” and “The Digital User”. Survey Link - http://bit.ly/16fuDlC 4 Survey Overview  A total of 51+ respondents had been recruited for the purpose of this survey at the time of compilation of this report.  Respondents were demographically divided from 4 countries.  One developed country and two developing nations. Namely, U.S.A, India and China.  Respondents attributes range from SEC A1 to SEC B2. Aged between years 17 – 29.  Survey is designed to test respondents psyche and thoughts on User Centricity and continual changes undergoing in the Digital Biome.  Survey mixes qualitative and quantitative strains wherever necessary to extract intended information. 5 Questionnaire Outline and Response Which one of the following adequately represents your persona? Peek A Boo, I See You Da grey Fox jumps ova da lazy dog |m @N 013501337 Uz3r  This question segregates the digital user in three main watertight classes.  First one being, the digitally inclined class, people who have had exposure to the digital biome.  Second being, the digitally affiliated class, that have had the experience of typing in shorthand on hand held devices. Thus being inquisitively oriented in the digital biome.  Third being the digital advanced user, who will understand the above text as a metaphor of ‘elite talk’ or ‘L33TTALK’, as it is known to coders and developers who are the people who design and develop applications and software’s that give the masses tools of trade of creative expression in the digital biome. 6 Try and complete the following sentence. I needed a smartphone because, All my friends are using some fantastic messaging software and other applications which are (Suspiciously, Almost) free. It helps me make my life easy. I need to synchronize all my data between my workstations at home / office / loo etc. with my smartphone. If I can buy a costly phone, I Will. The heck.  This particular question focuses the respondents mind into gearing and believing that response to the aforementioned question is provided in the answer.  This is a moot question, which gives the respondent and idea of the possibility of suspicion, awareness and paranoia of choice on their part.  Whilst being favorably hidden in a distinct pattern of desire and accumulation, sometimes ego. 7 A big digital agency, whose name sounds like "GooB'le" collects and selectively marketers all the data about you. Are You Worried? Yes I know about this, but I am not that worried. Maybe I don’t know about this, but I am worried now No  The respondents were very skeptic but generally trust the nature of the digital biome.  The undercurrent of, “Honeypot theory” works here.  Although one-fourth have agreed this worries it, a massive 55% say they are not worried whilst knowing that their digital persona is being recorded every second. 8 Imagine, this is the year 2050. Education is non-existent. Everything in the world is learnt via computers. Everywhere, everyone is connected via a 1gbps wireless connection. A Big company now sells Doctor Email Id's. Which means if you want to be a doctor, you just need to buy an email id, and all information about your field will be available to you when you need, where you need. Do you think this is possible? Yes No  The possibility of future advancement being just around the corner is severely tested here, the respondents are biased about the nature of progress and hence don’t pick out any of the given option on a favorite basis. 9  Instead, most think that this might not happen soon enough. Which brings to light the deep lack of progress quotient in today’s digital user who seems to be abreast of every other aspect of its environment but not of the digital modus operandi itself. 10 Imagine, this is the year 2050. Education is non-existent. Everything in the world is learnt via computers. Everywhere, everyone is connected via a 1gbps wireless connection. A Big company now sells Doctor Email Id's. Which means if you want to be a doctor, you just need to buy an email id, and all information about your field will be available to you when you need, where you need. Do you think this is possible? I have mentioned 2050. If you had to guess can this happen sooner or later. Coming 30 Years 30 - 60 Years More than 60 Years  Similarly, most think that the rate of progression of digital biome is almost 4 times the rate of actual instantaneous progression. 11  Which effectively means, that with increase in user centricity, there has not been an increase in user awareness and intellect. As most respondents themselves seem spoon-fed on what is possible and what is not. 12 1. Which of the following are you most familiar with? Adwords / AdSense / Facebook / Kissmetrics Klout / Carma / SDL PubSubHubbub / Fusion Tables API  Many digital users are heavily dependent on secondary or tertiary software’s and technologies.  Only 6% of the respondents identify the actual lingo of digital manipulation and marketing.  Which means that there is massively skewed ratio of digital population, amongst the digitally affiliated and digitally advanced classes. 13 HDTV could have been available in early 1980s. The technology was discovered and infrastructure available that time as well. However, It was released the early 2000s. Pick an answer you feel explains the aforementioned. No one knew about it, so no one asked for it. Introducing a newer technology is giving yet more power to the user. Thus firms were reluctant on this matter.  At this juncture, many respondents have understood the metrics of centricity and now begun to identify the clash between digital users, marketers and businesses.  Over 65% have agreed that they have misinterpreted the potential of the digital biome and were misguided or ill informed. 14 Compared to their peers a few years back, do u think the regular neighborhood [Photographer / digital artists / Photoshop users / etc. ] are getting better ? Yes, definitely Yes, a little bit Yes, maybe Can’ t say No, everything feels copied nowadays No, they are not getting better, they just have better technology No  Almost half of the respondent agree that digital centricity has aided creative expression when compared with their counterparts from a decade ago.  In doing so, they acknowledge the role of user centricity and power it carries now to influence social, cultural and business paradigm. 15 Do you agree with the following? Connecting with a consumer is easy... converting it to a customer is hard Strongly agree Agree Neutral Disagree Strongly disagree  The effect of user saturation is straightaway measured as a total of about 90% feel the effect of digital saturation and the causal nature of more promotion is more saturation and more saturation prompts even more promotion. 16 Do you believe disconnect between an Adv. Agency, a Media Agency and The Media Owner is growing? Agree Strongly agree Neutral Strongly disagree Disagree  There seems a tie on the effect of user centricity on the relationship between the three aforementioned entities, which is entirely understood, as a close grouping would have made clear that the digital user understands user centricity which is simply not the case as is shown earlier on Page 8 and 9. 17 UGC (user generated content) is a big reason social networking sites are gaining popularity. Do you think UGC has a bigger connect to an intended audience than MGC (Marketer Generated Content)? Strongly agree Agree Neutral Disagree Strongly disagree  This a simple straight approach on the effect user centricity has had on the way a MGC is perceived in the digital biome.  Over half of the digital users agree that they prefer UGC to MGC, arising questions over the tactics used by the ad agencies and media houses to quench user saturation and in part user centricity.  Clearly, they are not doing enough.

USER CENTRICITY

USER CENTRICITY is a term given to the growing power of populace in general. Today in advertising world, ad agencies are facing an uphill task of convincing clients. Clients which are well versed and well equipped in use of tools of trade like Photoshop and CorelDraw etc. One should be wary of the invisible giant in the room and that’s exactly what is happening in the advertising world today. Focusing on the agency part first, advertising agency are finding it increasingly hard to convince clients on the aptness of the campaign, media plans or the general print ads they create as because the client now feels that the digital creation of the aforementioned is not as hard or as costly as it was assumed by them beforehand as everyone now has access to internet and the bar has been set higher by other agencies, so on and so forth. Power to the user takes a whole new term here as unlike other professions, power to the user on the contrary means that the power is being taken away from somebody, which in this case is the hapless agency, who is sandwiched between client and consumer.

Creative Appreciations of Adv films - myntra

1.      Myntra.com – Hottest December ever

Insight

Good ‘Sales’ in the retail stores can are often hindered because of queues and lack of space, despite having a good collection of garments.

Proposition

No other sale can be as hot as this one, and you don’t even have to sweat for it because its online.

1)      Ability to break clutter

This ad has been eye-catching. It definitely breaks through the clutter of ads where only the sale is highlighted. For e.g. Snapdeal

It succeeds in doing so by having good visuals and catchy music. It also relates the terms ‘hot and sizzling’ to the sale which is good wordplay.

2)      Message Impact

The message is confusing at the start when the girl is shown taking off her clothes. This is the part that grabs attention. However, the impact is reduced when the sale is announced as the viewer might be watching the ad to know what’s next. Upon knowing of the sale, the viewer might lose interest.

3)      Memorability

The catchy music of the ad and the visuals make the ad memorable momentarily. However, viewers might confuse the brand to be of any other e-commerce website and in the long run may forget about it soon enough.

4)      Quality of Execution

The execution portrays that you can get a lot of clothes for cheap at Myntra. The visuals and the music are decent. However, the quality and idea of the video does not say much about the brand. It is portrayed as a ‘me too’ brand. The proposition is lost in the bargain and the sale is highlighted. The clothes used in the ad are rather bad. They could have used much better merchandise along with the hot model to create that pull for customers who purchase stuff from stores to try online shopping. The ad creates an initial excitement and that just dies down as the ad progresses because of ill execution.

5)      Brand Linkage

It does not leave an emotional connect, and although the ad breaks through the clutter in terms of noticeability, it does not add any value to the brand. It makes Myntra look like any other e-commerce website which has a sale. It does not leverage the brand to position it above its competitors.

2.      Mother Dairy -- Sorry Mom

Insight

The insight for the Mother Dairy Ad where the mistake in made by the kid and the blame is taken by the mother is a very simple one. It is that when you are in trouble you always run to your mom and there is no one in the world that will protect you like your mother.

The ad is based on two universal truths: Milk is healthy and that children dislike drinking milk. So the challenge in the ad is not the mothers but the kids who need to be convinced to drink milk. Instead of talking about how tall and strong they will grow up to be tomorrow, the ad reminds them about some of the small things in life which they fail to notice.

Proposition

The Proposition is to connect the audience emotionally to daily life situations that every child has gone through where their mother has made a sacrifice for them. It is to make them realize that we can never thank our mother enough for what she has done for us.

1)      Ability to break clutter

This ad has surely the ability to break the clutter out of the many milk ads that are seen on TV today as it connects to family emotions and shows the ad from a very different angle rather than the usual health and taste factor.

2)      Message Impact

It is an ad that pays tribute to all mothers and draws attention to the pivotal role mothers play in the lives of their children. One of the most important relationships based on unconditional love is a mother-child relationship. There is nobody else you can take for granted and you know that they are there for you all the time. The message is clear and has an impact.

3)      Memorability

The impact of the message is related to the memorability of the ad. The ad becomes memorable because these are small situations that are faced by all of us at some point or other in our lives. 

4)      Quality of Execution

The overall ad is shot inside a house and the execution is very simple. The execution becomes very important in an ad where the insight is so simple. The father portrays a very wrong image in front of his child as he is scolding the mother for a small material thing. This may impact the child in behaving in an inappropriate way with the opposite gender. The execution should have been handled in a proper manner.

Another interesting thing to note is the way they show the shot from the kid’s point of view where he is looking at the mother only in the conversation to see what happens. It creates that mystery factor while you watch the ad and then you discover the twist of the mother’s sacrifice for her child.

5)      Brand Linkage

The brand of Mother Dairy has always been linked with the connection of a mother and her child. Like all other campaigns, this ad also lies in the same boundary. It instantly connects to the brand name and brand idea.

3.      Tata Capital Home Loans – Memories

Insight

The Insight for TATA Capital’s Home Finance is simple and straightforward. That you have memories attached to the place where you stay. And while shifting from one place, you call home, to the other those memories are left behind. This Insight has been crafted into “Memories can not be shifted” and in Hindi “Kyunki yaadein ghar nahin badla karti”.

Proposition

The proposition is to trigger an emotion that is related to the house. These emotions are you being at that place and not having the routine that you used to have, the friends you will miss, etc.

1) Ability to break clutter

The message of “Kyunki yaadein ghar nahin badla karti” surely helps in breaking the clutter. The emotion helps to break the clutter at two levels – the storyline through children and their innocent reasons for not wanting to leave the place.

2) Message Impact

The message is simple and a simple message is always good and will always have an impact. The stickiness ability of the message is more when it is simple. The radio message has more impact as compared to the TVC.    

3) Memorability

Yes, the Ad has the classic feel to it. The degree of execution is on a large, limited. But it has the potential to become memorable in a very classic kind of a way similar to the Asian Paints “Har Ghar Kuch Kehta Hai”. The extent of details in the Radio Spot is truly spectacular. But this appeal falls short in the TVC. The Ad has a lot of heart to it that makes it memorable. 

4) Quality of Execution

The TVC execution was not cutting and appealing. The insight is very obvious. But the execution is what will make a world of difference. The TVC has kids trying to belt out emotions that are predominantly adult in nature. When kids use words like “Kiraayee ka ghar” is not connecting at any level. The girl in the TVC talks in a typical child-like overtone that is done to death by Oreo in their commercials.

The ad is made in a candid conversation kind of format which increases its “real” value. The actors chosen for the ad look very real and thus as they talk you tend to think if you too have some such special memory like they are referring too.

5) Brand Linkage

The TATA Capital Home Loan brand is not Top of Mind. And in many places the brand does not resonate at all. This is TATA Capital Housing Finance second campaign. But the previous campaign and this one should have had more connection in terms of telling the brand story. A more linkage in terms of the first & its current campaign should be established. In a long-term point of view it should not become just a list of reasons why you should buy your own house. The first reason was you need your own space & the second being memories cannot be shifted. For the brand to give strength and occupy mind space, the ads must have some consistency.

SELF- REGULATION IN ADVERTISING

SELF- REGULATION IN ADVERTISING

The advertising industry has a reasonably effective and efficient self-regulation mechanism. By self –regulation it is meant that advertisements should be such that they do not violate the Code of self regulation , laid down by various statutes in India as well as abroad. This is done in order to maintain honesty and truthfulness in the advertisement of products and services shown to prospective customers with a view to attract them towards their goods. It is rightly said – Advertising is essentially a thing to induce consumption to make people buy things they do not want. In such a process, advertisements tend to mislead people, so that they buy things they really do not need.”

A product or service may be advertised through a variety of methods such as hand –bills, circulars, direct mail, bill- boards, signboards, newspapers, magazines, radio, television, the internet and so on. There are various kinds of advertising such as – comparative advertising which compares the advertised brands with another brand of the same product. ; Competitive advertising which contains very insignificant information about advertisement and is used only to help a producer maintain a share of the market.

Advertisement is a facet of right to information. A vital aspect of advertising that makes it a part of Article 19(1)(a) is that it facilitates the dissemination information about who is selling what product and at which price. Advertisements help people make well-informed and intelligent economic choices. More important than the right of expression of the advertiser is the right of the recipient of the advertisement. The supreme court observed in Tata Pres V/s Mahanagar telephone Nigam Ltd. – ARTICLE 19 (1)(a) not only guarantees right of freedom of speech and expression but the but it also protects the right of an individual to listen, read and receive “ commercial speech”. So far the economic needs of a citizen are concerned their fulfilment has to be guided by the information disseminated through advertisement. The recipient of “commercial speech” may be having greater interest in the advertisement given. Such deeper interest can be dealt with dishonesty by the advertiser as the consumer totally relies on the information provided by the advertiser through his advertisement of the given product.

To regulate advertisement according to the self regulation code and also otherwise is provided for in certain statutory provisions – say for example, Indian penal code, 1860 makes it a punishable offence to advertise any obscene publication or its distribution, sale, hire or circulation or so on. Now the code for self regulation in advertising pertinent extracts adopted by the Advertising Standard council of India Under Article 2(ii) of its Article of association.

The Advertising Standards Council of India (ASCI) (1985) has adopted a Code for Self-Regulation in Advertising. It is a commitment to honest advertising and to fair competition in the market-place. It stands for the protection of the legitimate interests of consumers and all concerned with advertising - advertisers, media, advertising agencies and others who help in the creation or placement of advertisements. As the Code becomes increasingly accepted and observed pro-actively, three things will begin to happen.

This Code for Self-Regulation has been drawn up by people in professions and industries in or connected with advertising, in consultation with representatives of people affected by advertising, and has been accepted by individuals, corporate bodies and associations engaged in or otherwise concerned with the practice of advertising, with the following as basic guidelines, with a view to achieve the acceptance of fair advertising practices in the best interest of the ultimate consumer:

I.   To ensure the truthfulness and honesty of representations and claims made by advertisements and to safeguard against misleading advertisements.

II. To ensure that advertisements are not offensive to generally accepted standards of public decency.

III. To safeguard against the indiscriminate use of advertising for the promotion of products which are regarded as hazardous to society or to individuals to a degree or of a type which is unacceptable to society at large?

IV.    To ensure that advertisements observe fairness in competition so that the consumer’s need to be informed on choices in the market-place and the canons of generally accepted competitive behaviour in business is both served.

The Code’s rules form the basis for judgment whenever there may be conflicting views about the acceptability of an advertisement, whether it is challenged from within  or from outside the advertising business.  Both the general public and an advertiser’s competitors have an equal right to expect the content of advertisements to be presented fairly, intelligibly and responsibly.  The Code applies to advertisers, advertising agencies and media. These three major participants in the advertising process work individually and collectively to encourage truthful, ethical, and responsible advertising.

Which only means more freedom for you to practise your craft or carry on your business effectively? As a member of ASCI, you can mould the course of Self-Regulation and participate in the protection of healthy, effective advertising. You can have a say, through the Board of Governors, in the further development of the Code and future appointments to the Consumer Complaints Council (CCC). Membership of the ASCI (open only to Firms) entitles you to appoint your nominee to discharge your function as a member

Nothing can be better than self-discipline. External regulations imposed by law would not really be necessary if this ideal would have been effective. In this article, I will deal with malpractices in advertising and misleading which after complaint to the ASCI had to be taken off the Air. Advertisement and how efficacious or meaningless is the so-called self regulation in advertising by the Advertising Standards Council of India (ASCI) having its office at Bombay.

Every day we see various advertisements on various mass media example – television, internet, radio. Many of these advertisements are objectionable. As recently there was an objectionable advertisement of Amul Macho underwear which after complaint to the ASCI had to be taken off the Air.

The difficulty is in describing what is obscene advertisements, because what is obscene is subjective and depends on individual perceptions. Here reference is on patently false and misleading and uncomfortable advertisements. We regularly come across advertisements which promote dubious products, making unsubstantiated tall claims about their wondrous performance. The side-effects or the harmful effects of these products are invariably suppressed. Advertisers often make misleading statements about the utility of their products. What is done to check these misrepresentations?

The ASCI has formulated its self-regulatory code which is wonderfully attractive on paper. But what does it do about misleading advertisements? No attempt is made to caution the public about the misrepresentation. No press release is issued to make the public aware that they should not believe these misrepresentations.

It is necessary to pin point the areas where consumers require to be cautioned in order to prevent them from being misled by such advertisements. A genuine example would be- it is common to see on railway platforms and in trains’ advertisements of quacks posing as doctors. The commonest advertisements are for piles and abortion clinics. The Medical Council’s Code of Ethics prevents doctors from advertising. Disciplinary action is taken against doctors who advertise their services or against those who participate in advertisements for promoting a particular medicine, vitamin or drug. Hence genuine doctors do not advertise. Those who seek confidentiality for their problems fall prey to these quacks. Yet the Railway Administration is not bothered about these advertisements.

The Drugs and Magic Remedies (Objectionable Advertisement) Act, 1954. This Act prohibits the advertisement of any diagnosis, cure, mitigation, treatment or prevention of certain diseases / disorders / conditions listed under the Schedule to this Act. There is a celebrated case law which falls under the ambit of this laws blatant violation it is Hamadard davakhana case. The facts of the case was a drug was advertised it have the quality to magically cure certain types of diseases, which in fact was not so. The court held that these are misleading advertisement and the defendant had been held liable.

The Schedule lists 54 such disorders and conditions amongst which are included cancer, obesity, fits, sexual impotence, and also drugs for maintaining or improving sexual pleasure, or drugs... for causing miscarriage or prevention of conception.

The Act provides that its violation would be a cognizable offence. Even the media which carries or displays the advertisement commits the offence by participating in the advertising process. Yet the police do not take cognizance of such advertisements. The lucrative and recurring revenue generated by these advertisements is more important to newspapers, television channels and advertising agencies and it is profitable to disregard the law.

When nobody is bothering about such advertisements, not even consumer organizations, why should ASCI is expected to take action? Because ASCI has been set up by businessmen and industrialists specifically for self-regulation in advertising. Why should it make a farce of the whole complaint process?

The classical example would be the Cola wars. Can anybody deny these as to be blatant misleading expressions of these Colas, as in they are so important for survival? But nobody has the courage to question them because they are huge and powerful companies.

Conclusion

The code of self –regulation drawn up for advertisers India is not at all sufficient and there should be more sincere observance of the code. However whenever there is competitive advertisement the competition drags each of the advertisers to the ASCI which is a non –statutory body. But whenever there is breach of public confidence by these advertisers by showing misleading advertisements, they should be immediately checked to safeguard the interest of innocent customers. Moreover there should be a statutory regulatory authority instead of ASCI which is non statutory which being so, has no binding authority on the non-members. This would definitely help to improve the quality of advertisements in India

Legal aspects in standards of code of conduct

Advertising to Children (advertising during and immediately before and after children's programming)

The Young Persons (Harmful Publications) Act, 1956 prohibits advertisements relating to any harmful publication i.e., any publication that tends to corrupt a young person (person under the age of 18 years) by inciting or encouraging him or her to commit offenses or acts of violence or cruelty or in any other manner whatsoever.

According to the ASCI Code, advertisements addressed to minors shall not contain anything, whether in illustration or otherwise, which might result in their physical, mental, or moral harm or which exploits their vulnerability. For example, advertisements may not:

• Encourage minors to enter strange places or to converse with strangers in an effort to collect coupons, wrappers, labels or the like
• Feature dangerous or hazardous acts which are likely to encourage minors to emulate such acts in a manner which could cause harm or injury
• Show minors using or playing with matches or any inflammable or explosive substance; or playing with or using sharp knives, guns, or mechanical or electrical appliances, the careless use of which could lead to their suffering cuts, burns, shocks, or other injury
• Feature minors in promoting tobacco or alcohol-based products
• Feature personalities from the field of sports, music, or cinema for products which, by law, either require a health warning in their advertising or cannot be purchased by minors.

Example:

 Sunfeast Milky Magic Biscuits in which a child was given sunfeast biscuit and he instantly grows taller and is able to reach the basket.

Comparative Advertising (ads that compare the advertiser's product to that of a competitor)

The provisions pertaining to comparative representation were part of "Unfair Trade Practice" under the Monopolies and Restrictive Trade Practices Act, 1969 (MRTP Act). After repeal of the MRTP Act, the provisions relating to unfair trade practices were inserted in the Consumer Protection Act, 1986. However, a business entity cannot claim relief against unfair comparative advertising under the Consumer Protection Act, as a business entity is not a consumer. This can be taken up only by consumer associations, the central government, or state governments, and it does not provide protection to the business entity equal to the protection under the MRTP Act. Thus, under the existing law, a manufacturer whose goods are disparaged has no standing to seek a remedy. Presently, in the absence of any specific legislative regulating comparative advertising, disputes are decided by various courts on the basis of the facts in each case. However, ASCI code (which is made part of the Cable Television Network Rules, 1994 as well) permits advertisement containing comparisons including those where a competitor is named in the interests of vigorous competition and public enlightenment, provided:

1. It is clear what aspects of the advertiser's product are being compared with what aspects of the competitor's product.
2. The subject matter of comparison is not chosen in such a way as to confer an artificial advantage upon the advertiser or so as to suggest that a better bargain is offered than is truly the case.
3. The comparisons are factual, accurate and capable of substantiation.
4. There is no likelihood of the consumer being misled as a result of the comparison, whether about the product advertised or that with which it is compared.
5. The advertisement does not unfairly denigrate, attack or discredit other products, advertisers or advertisements directly or by implication.

Presently, ASCI is actively taking action against any advertisements making unsubstantiated claims, exaggeration, unfair denigration in violation of ASCI Code.

Example: Tide vs Rin

Rin released an advertisement that made Tide’s product inferior. There are statements that the results are tested by the independent laboratory and the ad is issued in the public interest of RIN users.

Complan vs Horlicks

Contests (games of chance and games of skill)

The Public Gambling Act, 1867 prohibits gambling activities in India. However, the Public Gambling Act permits games of mere skill.

Deceptive or Misleading Advertising

Deceptive or misleading advertisements are restricted under the various legislations including the Consumer Protection Act, 1986; Cable Television Network Rules, 1994; Norms for Journalist Conduct issued by the Press Council of India Act and ASCI Code.

Example:  Maggie Soups

ASCI have asked Nestle to get rid of promotional claims made on Maggi packs about its soups being "heart friendly". It was making false claim of Maggie soup being heart friendly.

 Complaint against Glaxosmithkline Consumer Healthcare's Boost's ad was also upheld. As per the complaint, the TVC claims that "the consumption of Boost not only increases oxygen consumption but gives three times more stamina".

Surrogate Advertising

The ASCI Code provides that advertisements of products whose advertising is prohibited or restricted by law or by the ASCI Code must not circumvent such restrictions by purporting to be advertisements for other products the advertising of which is not prohibited or restricted by law or by ASCI Code. To determine if there is an indirect advertisement of prohibited products due attention shall be given to the following:

1. Visual content of the advertisement must depict only the product being advertised and not the prohibited or restricted product in any form or manner:
2. The advertisement must not make any direct or indirect reference to the prohibited or restricted products
3. The advertisement must not create any nuances or phrases promoting prohibited products
4. The advertisement must not use particular colours and layout or presentations associated with prohibited or restricted products
5. The advertisement must not use situations typical for promotion of prohibited or restricted products when advertising the other products.

The Cable Television Networks Rules, 1994 has also imposed similar restrictions to curb surrogate advertising.

Example:  Royal Challenge, King Fisher Mineral Water etc.

1. Bagpiper: It is a famous brand of whisky. In advertisement actually Bagpiper Club Soda is shown at the place of whisky.

2. Royal Stag: It is well known as 'RS'. Instead of advertising whisky, manufacturer had shown. Music CD and Mega Cricket in the advertisement with theme "Make it Large". But people never try to purchase these products. They always know that Royal Stag means whisky.

3. McDowell's No.l Platinum: This whisky brand is advertised with surrogate product Soda. Indian Cricket. Team skipper MS Dhoni' tells that, "The No. 1 Spirit of Leadership". Through soda company is advertising their whisky products.

4. Hayward's 5000:This brand is also advertised with the help of soda and packaged drinking water, but many people know very well that Hayward’s 5000 & 10000 are whisky, beer brands.

5. 8PM: Advertisement of this whisky is different than all of others. In first scene, few youth girls and boys are moving somewhere rapidly. In next scene they are going show & see "Aath ke Thaat" in a disco club. Means indirectly, enjoy after drinking 8FM Whisky.

 6. Imperial Blue: This whisky is popularized by showing music cd's in the advertising.i.e. Imperial Blue Music CD's.

 7. Royal Challenge: Some cricketers are shown in this advertisement, at the same time music is played. At the end of advertisement brand name 'Royal Challenge' is displayed in bold letters with very small 'Music CDs'. It was also advertised with the help of mineral water.

 8. Officer's Choice:

'OC is the leading and well-known brand in whisky market. Actually this brand is advertised by showing mineral water and soda, but all people can know what intention of that advertisement is. It shown that 'OC' is the brand of officers and dynamic people.

Advertorials and Disguised Ads

The Norms for Journalist Conduct issued by the Press Council of India, Cable Television Network Rules, 1994 and Advertising Code of Doordarshan requires that advertisements must be clearly distinguishable from news content carried in the newspaper.

False Advertising

False advertisements are restricted under the various legislations including the Consumer Protection Act, 1986; Cable Television Network Rules, 1994; Norms for Journalist Conduct issued by the Press Council of India Act and ASCI Code.

Example: Pepsodent

Advertisement of Hindustan Level saying that Pepsodent is “one and a half times better at fighting germs than the popular toothpaste” that appeared in Sunday Times of India in September that year.. The complainant alleged that HLL’s own clinical tests confirmed that Pepsodent Germicheck fights germs up to 150 that is only 0.5 times better and not one and a half times better, as claimed in the ad

"Free" Gifts/Samples

The Consumer Protection Act 1986, Section 2 (3) (a) states that (i) the offering of gifts, prizes or other items with the intention of not providing them as offered or creating impression that something is being given or offered free of charge when it is fully or partly covered by the amount charged in the transaction as a whole, or (ii) the conduct of any contest, lottery, game of chance or skill, for the purpose of promoting, directly or indirectly, the sale, use or supply of any product or any business interest, is an unfair trade practice.

The Norms for Journalist Conduct issued by the Press Council of India has stated that gift including those given by the advertisement agencies for publication of material relating to their clients or otherwise should not be accepted by the journalist.

Free Speech (specific limitations, e.g. personal slurs, defamation, political statements)

Article 19(1)(a) of the Constitution of India protects the right to freedom of speech and expression, which is also extended to advertisements. However, like any other right, this freedom is also subject to reasonable restrictions imposed by Article 19(2) of the Constitution of India.

Furthermore, the ASCI Code states that no advertisement shall be permitted which:

• Derides any race, caste, color, creed, or nationality
• Tends to incite people to crime or to promote disorder and violence or intolerance
• Presents criminality as desirable or directly or indirectly encourages people, particularly minors, to emulate it or conveys the modus operandi of any crime
• Adversely affects friendly relations with a foreign state

Products and Services Banned From Advertising

Tobacco

The Cigarettes and other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003 ("Tobacco Prohibition Act") prohibits all direct and indirect advertising of tobacco products in all media.

Human Organs

The Transplantation of Human Organs Act, 1994: This law provides for the regulation of removal, storage and transplantation of human organs for therapeutic purposes and for the prevention of commercial dealings in human organs. This law prohibits any advertising inviting persons to supply, offering to supply and any human organ for payment.

Magical Remedies

The Drugs and Magical Remedies (Objectionable Advertisements) Act, 1954 prohibits advertisement of magical remedies of diseases and disorders.

Services for Pre-Natal Determination of Sex

The Prenatal Diagnostic Techniques (Regulation and Prevention of Misuse) Act, 1994 prohibits advertisements relating to pre-natal determination of sex.

Infant formula

Advertising forbidden in order to encourage natural feeding of infants. See details under Food.

Prize Chits and Money Circulation Schemes

The Prize Chits and Money Circulation Schemes (Banning) Act, 1978 prohibits advertisements relating to prize chit² and money circulation schemes.

Physicians

Under the Indian Medical Council (Professional Conduct, Etiquette and Ethics) Regulations, 2002, issued under the Indian Medical Council Act, 1956, physicians are not allowed to advertise their services in any form or manner of advertising through any mode, as soliciting of patients directly or indirectly, by a physician, by a group of physicians, or by institutions or organizations is unethical. (A physician refers to a doctor with a qualification of MBBS or MBBS with a postgraduate degree/diploma or with an equivalent qualification in any medical discipline.) However, medical practitioners are allowed to make a formal announcement in press regarding the following:

·         On starting practice

·         On change of type of practice

·         On changing address

·         On temporary absence from duty

·         On resumption of another practice

·         On succeeding to another practice

·         Public declaration of charges

Legal Services

The Bar Council of India Rules formulated under the Advocates Act 1961 strictly enforce the advertisement ban and publicity rules governing law firms' websites. These rules were enacted and enforced to curb the false advertisement of lawyers to gain publicity to attract clients.

Alcohol (Beer, Wine, and Spirits)

The Cable Television Network Rules, 1994, the Advertising Codes of Doordarshan, and the All India Radio and Norms for Journalist Conduct issued by the Press Council of India prohibit any advertisement directly or indirectly promoting the production, sale, or consumption of cigarettes, tobacco products, wine, liquor, or other intoxicants. However, some states allow advertising through billboards, signboards etc. but subject to many restrictions. Also, the ASCI Code prohibits use of minors for advertising alcohol products.

Professionals such as Chartered Accountants, Company Secretaries & Cost Accountants

These professionals are prohibited from soliciting clients or professional work by advertisement. However, they may issue advertisements about their firm or services of their firm, through any mode of transmission, having inter alia details of names of partners, address and website, telephone, mobile, e-mail, fax number of the member, year of establishment, additional recognized qualifications, languages spoken by the partner(s), honours or awards in the field of teaching, research, authorship etc.