Reckitt Benckiser (India) Private Limited - Durex

Recommendation: Upheld | Medium: General Public

The ASCI had approached the advertiser for its response in addressing the grievances of the complainant and forwarded the details of the complaint, verbatim, to the advertiser with a request to respond to the same. The advertiser was offered an option to seek an Informal Resolution (IR) of the complaint by modifying or withdrawing the advertisement. The advertiser was also offered an opportunity for a telecon with the ASCI Secretariat, which they did not avail and submitted their response. The advertiser in their response stated that the advertisement promotes safe sexual practices in line with public health objectives under the HIV Act and NACP Phase-V, is intended for adult viewers aged 18+ on age-gated OTT platforms, and confirmed that steps have been taken to prevent its inadvertent display on children’s content in the future. The Consumer Complaints Council (CCC) viewed the advertisement which was aired on Digital Media - OTT Platform (Zee5). The CCC considered the complainant’s grievance regarding the placement of a condom advertisement which was reportedly shown on the kids’ section of the platform. The CCC noted that the advertiser has acknowledged that the advertisement mistakenly appeared in the children’s section due to a system error during the content relaunch and confirmed that corrective measures had been implemented to prevent recurrence. The CCC observed that the advertisement itself is socially relevant and acceptable for adult audiences. The OTT platforms are age-gated, and the adult content is permissible when appropriately restricted to viewers aged 18 and above. The CCC further noted that watershed hour restrictions apply only to television broadcasts and do not extend to digital media. However, the inadvertent display of the advertisement in the children’s section rendered it inappropriate from a child’s perspective. Considering the product category and the context in which the advertisement is presented, the visuals are deemed unsuitable for children. The CCC noted that the frequency and placement of the advertisement fall outside ASCI’s remit. The corrective measures taken by ZEE5 to address the system alignment was also noted by the CCC. The CCC was of the view that the advertisement is appropriate for adult viewing on age-gated OTT platforms; however, its appearance on a child-specific profile is inappropriate. Based on these observations, the CCC concluded that the advertisement is sexually explicit from a child’s point of view when shown on a kid’s channel, and therefore contravened Chapter II of the ASCI Code. This complaint was UPHELD.