Government Regulations on Outdoor Advertising
The Indian advertising market is governed by a government body called the ‘Advertising Standards Council of India (ASCI). For decades, the Indian market has been a flexible and creative place for marketers and brands to put out their advertisements in public. This has provided tremendous growth in the Indian market and it is still doing so! But that doesn’t mean you can write anything. Recently, the Indian Supreme Court has passed orders to clean up all the mess caused by false advertisements. Now, the brands and advertising agencies must sign a self-declaration to take responsibility for their advertisements. Sounds interesting! But that's not all. The ASCI body has become stronger with this order and brands should reconsider the outdoor advertising guidelines.
How the Supreme Court’s New Orders Have Impacted the Advertising Industry?
The Indian Supreme Court has issued an order for creating a self-declaration system for advertisers and brands. Prior to this mandate in June 2024, the Indian advertising industry was already working within a framework of self-regulation. Though this was all there for guidance, the actual application relied primarily on public censure. The Supreme Court mandate directed brands and ad agencies to form a stringent self-declaration system. This new system now demands advertisers and marketers to submit a self-declaration certificate before publishing their content.
The New Self-declaration Certificate is A Checklist for Advertisers and Ad Agencies
The self-declaration certificate is a checklist that ensures compliance with the advertising regulations in India. They are as follows:
- The advertising regulations prohibit the use of violence, hate speech, or harmful substances such as tobacco or alcohol in advertisements.
- Giving proper respect to national symbols and figures is mandatory for advertisers to avoid offending public sentiment.
- Brands can't advertise miracle cures or hazardous substances. Such products are barred by the Indian laws.
- Any advertisement must avoid discrimination based on factors such as race, religion, caste, gender, color, etc.
- Advertisers must be thoughtful about protecting vulnerable groups such as children and elderly people against any exploitation.
- Advertisers must follow all the existing ASCI advertising guidelines.
- Advertisers and brands must portray women in a positive and respectful presentation.
- The certificate is also a declaration for health & safety measurements such as food safety claims or pharmaceutical advertising.
- The Consumer Protection Act of 2019 empowers consumers against misleading practices by the company and the advertisers.
The ASCI Key Advertising Regulations for Brands and Ad Agencies
- Advertisers must not promote any kind of misleading, false, or exaggerated claims. All the claims must be based on evidence.
- No advertisements should offend public decency or promote offensive content such as objectifying women, glorifying violence, or promoting harmful stereotypes.
- Advertisers must not encourage harmful behavior against consumers.
- Advertisers must not disparage competitor's products or services unfairly.
- Advertisers can’t promote harmful or illegal products such as drugs, tobacco, or alcohol in any direct or indirect way.
Conclusion
The Indian Supreme Court released a mandate in June 2024 demanding a self-declaration certificate from the brands and ad agencies. This has shifted the advertising landscape from public censure to self-reliance. In this blog, we have discussed the key ASCI advertising guidelines, the impact of the Supreme Court mandate, and how the certificate provides a checklist for all upcoming advertisements.
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