On May 25, 2022, the Advertising Standards Council of India (ASCI), updated its code (“ASCI Code”) to add greater inclusivity in advertising depictions (“Update”).
Chapter III of the ASCI Code provides for advertisements “against harmful products / situations.” The purpose herein is to “to safeguard against the indiscriminate use of advertising in situations or of the promotion of products which are regarded as hazardous or harmful to society or to individuals, particularly children, to a degree or of a type which is unacceptable to society at large.”
Clause 3.1 of the ASCI Code prior of above referred update read as follows:
3.1. No advertisement shall be permitted which:
(a) Tends to incite people to crime or to promote disorder and violence or intolerance.
(b) Derides any race, caste, color, creed, gender or nationality.
(c) Presents criminality as desirable or directly or indirectly encourages people – particularly children – to emulate it or conveys the modus operandi of any crime.
(d) Adversely affects friendly relations with a foreign State.
The Update has revised Clause 3.1 (b) of the ASCI Code to now read as follows:
(b) Derides any individual or groups on the basis of race, caste, color, religion, gender, body shape, age, sexual orientation, gender identity, physical or mental conditions or nationality.
As evident from above, the ASCI Code already required advertisements to not deride anyone on the basis of race, caste, creed, gender or nationality. However, new areas of possible discrimination or derision have now been included such as gender identity and sexual orientation, body shape, age, and physical and mental conditions. Advertisements that mock or deride anyone on these bases will now be considered in violation of the ASCI Code.
While it may be noted that ASCI is a self-regulatory body, wherein its members which include advertisers, advertising agencies, media (including broadcasters and the press), and market research companies who have agreed to abide by the ASCI Code. Further, it must also be noted that the Courts in India in its various judgements have recognized ASCI as a self-regulatory body to control advertisements in India. Additional, fairly recently, under the Cable Television Networks (Amendment) Rules, 2021, ASCI has been recognized as regulator as well.
Overall, for all advertisers it always helps to be compliant with the ASCI Code to avoid loss of goodwill, including through bad press.
