Hyundai Motors India Limited - Hyundai

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 visuals objected to in the advertisement. The advertiser was also offered an opportunity for a telecon with the ASCI Secretariat, which they did not avail and submitted their written response. The advertiser in their response stated that, “The characters portrayed in the advertisement scene in question only depicts one co-driver asking the driver to switch seats. However, neither the driver nor the co-driver are not shown in the process of switching seats and how they change seats is not even depicted in the advertisement.. ….we have used disclaimers in place that carry a readable cautionary message drawing viewer’s attention to the fact that the advertisement is only in the advancement of creative freedoms available and that any depiction of stunts and/or scenes should not be replicated. …..The Advertisement uses two languages i.e. both the English language and the Hindi Language for the purpose of actors’ dialogues/voice over(s) and hence the disclaimers are not violative of the ASCI Code. It is submitted that the celebrities in question have adequate knowledge of the ASCI Code. Moreover, the celebrities are well aware of the claims and/or representations being made in the Advertisement and due care has been taken to ensure that the advertisement is in compliance with existing laws.” The Consumer Complaints Council (CCC) viewed the YouTube advertisement (https://www.youtube.com/watch?v=7ymwGg7ErXU&feature=youtu.be) considered the complaint and the advertiser’s response. The CCC observed that the advertisement depicts Shah Rukh Khan and Deepika Padukone who are out on a mission against the enemies. As the commercial continues, Deepika Padukone is driving the Creta while Shah Rukh Khan is seated next to her. The following scene shows two bikers from the enemy side, who start chasing the Creta, and this time, the actors exchange their seats, with Shah Rukh Khan now taking control of the steering wheel. The CCC discussed that in the advertisement the actors are seen switching their seats with Shah Rukh Khan shown in the driver’s seat driving the car. This action is performed while the car is moving. The CCC further discussed that this act encourages dangerous/ unsafe practice and manifest a disregard for safety. This scene in the advertisement does not include a disclaimer with a cautionary message, nor is a disclaimer provided at the beginning of the advertisement. The CCC observed that the language of the disclaimer is in English whereas the dominant language used in the advertisement for dialogue delivery is Hindi. The CCC discussed that the disclaimers in the advertisement are not in the same language of the advertisement. For the objection raised against the use of the Celebrities (Shah Rukh Khan and Deepika Padukone) in the advertisement, the advertiser did not provide any evidence to show that the celebrities had done due diligence prior to endorsement of the four wheeler – `Hyundai Creta’, to ensure that the advertisement does not violate any of the ASCI Code. Based on these observations, the CCC concluded that the visual in the advertisement contravened Chapter III, Clause 3.3 of the ASCI Code. The disclaimers in the advertisement contravened Clause 4 (I) of ASCI Guidelines for Disclaimers Made In Supporting, Limiting Or Explaining Claims Made In Advertisements. The celebrities in the advertisement contravened Clauses (b), (c), (d) of the ASCI Guidelines for Celebrities in Advertising. This complaint was UPHELD.