The ASCI Code

In order to evaluate the genuineness of an unrestricted product, or service brand
extension of a product (e.g., liquor and tobacco) whose advertising is
prohibited by law, The Advertising Standards Council of India (ASCI) has decided
the following objective criteria to be used to qualify a correct brand extension
product or service (see Chapter Ill Clause 3.6 (a) of ASCI code):

Brand extension product or service should be registered with appropriate
Government authority e.g., GST/FDA/FSSAI/TM etc.

• For a brand that is present in the market for >2 years, the
  following criteria would apply
  • Sales turnover of the product or service should exceed Rs. 5 crore
    per annum nationally, or Rs 1 crore per annum per state, where
    distribution has been established.
  • A valid certificate from an independent organisation such as
    NielsenIQ or category – specific industry association, or an
    independent and reputed CA firm would be required to prove the
    concerned criteria.
• Brand extensions which have been launched in the market, but have
  not yet completed two years must meet any one of the following
  criteria:
  • Achieve a net sales turnover of Rs. 20 lakhs per month from launch.
    Such sales should not be to a subsidiary or sister concern
  • Demonstrate fixed asset investments which are exclusive to the
    advertised brand extension of not less than Rs. 10 crore.
    Such assets could be land, machines, factory, software, etc., in
    case the product is being manufactured/ developed by the
    advertiser. No advertising related expense should be part of such
    investments.
  • In case the manufacturing/procurement of such brand extensions is
    being outsourced, then evidence may include board resolutions and
    purchase orders for long term (> 1 year) contracts with service
    providers/manufacturing entities, stating their capacities, and
    contracted volumes/Rupee value, which clearly demonstrate the
    possibility of achieving the turnover as laid out in criteria 2B
    (I).
  • Give evidence of turnover greater than 10% of the turnover of the
    same brand in the restricted category (including sub brands in the
    restricted category)

All the above evidence should be certified by a reputed and independent CA firm.

Irrespective of the length of time the brand has been in the market, date of
launch would be considered as date of the first invoice for sale for the said
brand extension.

If a brand extension cannot meet the qualification criteria, for the purpose of
the ASCI code it would not be considered a genuine brand extension, but rather a
surrogate created to advertise a restricted category.

Chairman

Board of Governors, ASCI
July 15^th 2021

Preamble

Communication and advertisements related to F&B can have significant impact on
the lives of the public in general, and their physical and material well-being
in particular. It is therefore imperative that F&B advertisements fulfil their
intended roles, and advertisers adopt strict principles of self-regulation, and
not mislead the general public in any manner detrimental to well-being. Caution
and care should be observed in advertising of F&B, especially ones containing
relatively High Fat, Sugar and Salt (HFSS). Recognising the need to promote high
standards of business ethics, to ensure commercial communications to consumers
are responsible and the need to provide honest and truthful information about
food and beverage products are met, the following guidelines are issued.

Guidelines

• Advertisements should not be misleading or deceptive. Specifically,
  advertisements should not mislead consumers to believe that
  consumption of product advertised will result directly in personal changes
  in intelligence, physical ability or exceptional recognition. Such claims,
  if made in advertisements, should be supported and substantiated with
  evidence and with adequate scientific basis.
• Advertisements that include what consumer, acting reasonably, might
  interpret as health or nutritional claims, shall be supported by appropriate
  scientific evidence and meeting the requirement of basic food standards laid
  down under the Food Safety Standards Act and Rules, wherever applicable.
• Advertisements should not disparage good dietary practice or the selection
  of options, such as fresh fruits and vegetables that
  accepted dietary opinion recommends should form part of the normal diet.
• Advertisements should not encourage over or excessive consumption or show
  inappropriately large portions of any food or beverage. It should reflect
  moderation in consumption and show portion sizes appropriate to the occasion
  or situation.
• Advertisements should also not undermine the importance of healthy
  lifestyles or mislead as to the nutritive value of the food or beverage.
• Advertisement should not undermine the role of parental care and guidance in
  ensuring proper food choices are made by children.
• Advertisements for food or beverages, unless nutritionally designed as such,
  should not be promoted or portrayed as a meal replacement.
• Claims in advertisements should not be inconsistent with information on the
  label or packaging of the food or beverage.
• Advertisement for food and beverages should not claim or imply endorsement
  by any government agency, professional body, and
  independent agency or individual in a particular profession in India, unless
  there is prior consent, the claim is current, the endorsement is verifiable,
  and the agency body is named.

Chairman

Board of Governors, ASCI
February 1^st 2013

Preamble

Educational institutions such as universities, colleges, schools, coaching classes, Edtech platforms etc., which offer education and training programmes, play a vital role in building the intellectual capital of India. Parents place a very high value on the education of their children and are known to make great personal sacrifices to enable their children get the right education. Unlike a tangible product, where it is frequently possible to judge the value of what is being offered by inspection and demonstration, in the field of education and training, the value of a programme is judged mainly by means such as degrees, diplomas and other qualification nomenclatures, recognition, affiliations, testimonials, accreditations, admissions/job/compensation promises – of which, the variety being advertised are many.

The advertising of these products and services can have an impact on the minds of growing children and vulnerable parents. Therefore, in addition to being truthful and honest, and complying with Chapter I of the ASCI code that requires ads to be honest, ads must also consider any harm that can be caused through the depictions or messages. Chapter III of the ASCI Code requires advertisements addressed to children to not contain anything, whether in illustration or otherwise, which might result in their physical, mental or moral harm, or which exploits their vulnerability.

Guidelines

Further to complying with the general rules of ASCI’s Code for Self–Regulation in advertising, the advertisements of educational institutions, programmes and platforms shall comply with the following guidelines:

1. 1. The advertisement shall not state or lead the public to believe that an institution or course or programme is official, recognised, authorised, accredited, approved, registered, affiliated, endorsed or has a legally defined situation unless the advertiser is able to substantiate with evidence.
   2. 1. An advertisement offering a degree, diploma or certificate, which by law requires to be recognised or approved by an authority shall have the name of that authority specified for that particular field.
      2. In case the advertised institution or programme is not recognised or approved by any mandatory authority, but is affiliated with another institution, which is approved or recognised by a mandatory authority, then the full name and location of the said affiliating institution shall also be stated in the advertisement.
      3. The name of the affiliating institution, as indicated in 2.(b), shall not be less than 50% of the font size as that of the advertised institution or programme in visual media such as print, internet, hoarding, leaflet, prospectus etc., including television. In audio media such as radio or TV, the name of the affiliating institution (if applicable), must be stated.
   3. Advertisement shall not state or lead the public to believe that enrolment in the institution, programme or preparation course or coaching classes will guarantee the student a rank, high marks, temporary or permanent job, admissions to institutions, job promotions, salary increase, etc. unless the advertiser is able to submit substantiation to such effect. In addition, the advertisement must carry a disclaimer stating ‘past record is no guarantee of future prospects.’ The font size of the disclaimer should not be less than the size of the claim being made in the advertisements.
   4. Advertisements shall not make claims with a numerical value of 100% with respect to claims that are abstract and non-quantifiable in nature. For eg: 100% Placement/Job assistance, 100% Job opportunities/ Job oriented courses.
   5. 1. Advertisements shall not make claims regarding the extent of the passing batch placed, the highest or average compensation of the students placed, enrolment of students, admissions of students to renowned educational institutes, marks and ranking of students passed out, testimonial of topper students, institution’s or its programme’s competitive ranking, size and qualification of its faculty, affiliation with a foreign institution, institute’s infrastructure, etc. unless they are of the latest completed academic year and substantiated with evidence.
      2. Advertisement stating the competitive rank of the institution or its programme shall also provide the full name and date of the publication or medium, which released the rankings.
      3. Visuals of the infrastructure of any institution shown in an advertisement shall be real and existing at the time of the advertisement’s release.
      4. Testimonials of toppers in an advertisement shall be from students who have completed the testimony programme, exams or subject only from the advertising institute.
      5. An advertisement stating the number of passing out students placed for jobs shall also state the total number of students passing out from the placed class.
   6. An advertisement may not show school students compromising on sleep or meals to study as this normalises unhealthy habits which are detrimental to student health.
   7. While an advertisement may show disappointment with low scores, it must not portray an average or poor scorer as an unsuccessful student or a failure, or show him/ her/ them as demotivated, depressed or unhappy, or receiving less love or appreciation from parents, teachers or peers.
   8. An advertisement must not create a false sense of urgency or fear of missing out that could accentuate anxieties amongst school students, or their parents.
   9. While an advertisement may feature students of any gender, the advertisement must not suggest that certain subjects are associated with particular genders alone. Advertisements must also not suggest that students with high scores are always associated with stereotypical characteristics such as wearing thick glasses. This does not prevent advertisements from depicting such students so long as they do not suggest that only these students are successful.

Chairman

Board of Governors, ASCI
March 9^th 2023

Chapter I (4) of the ASCI code states that “Advertisements shall neither distort facts nor mislead the consumer by means of implications or omissions.” Therefore it is important that certain claims be appropriately explained to ensure that consumers with average intelligence are not misled, nor deceived by means of implications or omissions. These guidelines are meant to help Advertisers, Agencies and the Media to better understand the rules in the ASCI Code for Self-Regulation in Advertising in so far as they relate to disclaimers used in Advertising.

Guidelines

1. 1. A Disclaimer can expand or clarify a claim, make qualifications, or resolve ambiguities, to explain the claim in further detail, but should not contradict/modify the material claim made nor contradict the main message conveyed by the advertiser or change the dictionary meaning of the words used in the claim as received or perceived by a consumer.

      For example

      • If the claim is to offer a product or service for “free”, then the disclaimer should not contradict the claim by seeking some form of payment for the product or service.
      • If the claim is for giving “cash back”, the disclaimer should not contradict the claim by giving the payback only in kind. However, the disclaimer can explain that “cash back” can be construed to mean virtual wallet or credit to be used as a form of online payment.
      • If the claim in the advertisement is for a discount on all products, then the disclaimer should not limit the offer to only a few select products.
   2. A disclaimer should not attempt to suppress material information with respect to the claim, the omission/absence of which is likely to make the advertisement deceptive or conceal its commercial intent.

      For example

      • A claim of “best food processing equipment in India” should not be disclaimed by stating “for vegetable processing only” or “in major metros only”
      • Disclaimer such as “T&C apply” should indicate where this information is available to consumers for further reference.
   3. A disclaimer should not attempt to correct a misleading claim made in an Advertisement.

      For example

      • A claim of internet speeds of “up to 10 mpbs” should not be limited to “between 12 am to 6 am only”.
      • Disclaimer for a claim of “lose up to 2 kgs of weight” should not be “when calorie consumption is limited to xx per day”.
   4. Legibility of Disclaimers
      1. The aim is to achieve a level of legibility that will enable an interested viewer, who makes some positive effort, to read all the information contained in the disclaimers. The general principles in this section are intended to complement the more specific, technical guidance in the sections that follow in order to achieve this aim.
      2. TV/ Video advertising is inherently limited by time and space. Viewers can only reasonably be expected to absorb information, if it is conveyed clearly. The use of disclaimer should, therefore, be kept to a minimum. Long or otherwise complex disclaimers with large blocks of text and difficult words are a deterrent to viewers attempting to read the contents of the disclaimer. This defeats the purpose of providing clarity regarding a material claim made in the advertisement and the ASCI may conclude that the advertisement, taken as a whole, does not comply with the Code.
      3. In such cases, alternative improvements should be considered by the advertisers, for example:
         1. Modification of the headline claim to reduce the need for further qualification through disclaimers.
         2. Removal or modification of words or phrases that are not simple and direct.
         3. Breaking messages down into shorter, more viewer-friendly phrases or sentences.
         4. Removal of words, phrases or sentences from the disclaimer that serve no essential purpose but might detract from more important information in the disclaimer or ad creative more generally.
         5. Advertisers should take all steps to ensure that the disclaimer/s is/are kept to a minimum and are as straight-forward and simple to comprehend.
         6. Provided for the cases where the disclaimer is lengthy owing to compliance with regulatory requirement or to adhere to ASCI’s disclaimer guidelines, the same shall not be considered as an attempt by the advertiser to mislead or deter the legibility of the disclaimer.

Requirements for the disclaimers also cover the following:

1. 1. 1. A disclaimer shall be in the same language as that of the claim/s of the Advertisement. In case of bilingual advertisements, the disclaimer should be in the dominant language of the advertisement.
      2. The font type should be the same as the claim or sans serif for better readability, and NOT in italics.
      3. The placement position of disclaimers of a claim on packaging should be in a prominent and visible space and should ideally be on the same panel of the packaging as the claim.
      4. The direction of disclaimers should be along the direction of the majority of the copy, such that no rotation of head or medium would be needed to read it. Preferably, this should be along the natural reading direction of the medium. Exceptions could be for small packs with limited space (e.g. packaging less than 25 ml/gms).
      5. For comparative claims, the basis of comparison must be stated in a font size that is at least 25% of the font size of the claim which is being made and positioned in close proximity of the claim i.e. immediately next to or immediately below the claim.
      6. If the claim is presented as a voice over (VO), then the disclaimer should be displayed in sync with the VO.
      7. A disclaimer should be clear, distinct from the background, prominent enough and legible. Disclaimer should be clearly readable to a normally-sighted person reading the marketing communication once, from a reasonable distance and at a reasonable speed.
         1. Text height of the disclaimer in television commercials or videos shall conform to the following:
            1. For standard definition images, the height of the text lower case elements shall be NOT LESS THAN 14 pixels [14 lines] in a 576 line raster.
            2. For high definition images, the height of the text lower case elements shall be NOT LESS THAN 26 pixels [26 lines] in a 1080 line raster.
            3. For 4K/UHD images/video, the height of the text shall be NOT LESS THAN 57 pixels [57 lines] in a 2160 line raster.
         2. In print advertising, the font size of disclaimers shall be NOT LESS THAN 7 point for advertisements of 50 cc or less, NOT LESS THAN 9 point for advertisements of 100 cc or less and NOT LESS THAN 10 points for advertisements of more than 100 CC.
         3. In static medium like hoardings or point-of-sale advertising, disclaimers should have font sizes equivalent to 2.6% of the height of the medium and NOT LESS than 10 point font size. For large hoarding of 400 sq. feet or more, the font size should be NOT LESS than 100 points.
      8. Visual presentation in terms of contrast and color, an advertiser shall ensure that all disclaimers:
         1. Be in a colour that contrasts with the background, such that it allows the text to be clearly legible.
         2. Not be designed in a way such that the text keeps fading in and out of vision. In such cases, it will normally be necessary to place the text on an opaque single-coloured block.
      9. Comprehension – Disclaimers in advertisements should use simple words that are easy to understand and avoid the use of unfamiliar abbreviations or long and complex words that may not be readily understood by a consumer.
      10. Hold duration and readability of disclaimer –
          1. In television commercials or any other video advertisement on digital media, all disclaimers should be clearly readable to consumers. In a single frame in an advertisement:
             1. There should not be more than one disclaimer
             2. The disclaimer should be restricted to two full length lines (unless as mentioned in Clause 4(c)(vi)) and remain on screen for AT LEAST 4 seconds for every line
          2. Disclaimers that take up more than two full length lines are likely to necessitate higher requirements for both size of text and the duration of hold. Viewers must be given an appropriate length of time to read the same. This part of the guidance outlines a method for establishing the duration of hold in the context of a particular advertisement.

             In general, disclaimers should be held for a duration calculated at the rate of 5 words per second. An additional ‘recognition period’ should be added to the duration of hold calculated.

             1. Where the disclaimers concerned contain:
                1. 9 words or fewer, the recognition period is 2 seconds; and
                2. 10 words or more, the recognition period is 3 seconds.
             2. For the purposes of calculating the duration of hold of a disclaimer, all forms of text appearing on screen at any one point in time should be counted. This includes both disclaimer text and any text content in the main ad creative regardless of where on screen it appears and whether or not it is repeated in audio.
             3. However, the following information when appearing in an advertisement, will be excluded from being included within the requirement specified under this clause:
                • a company name, brand name or logo;
                • text that is included for reasons of a purely technical legal nature unrelated to consumer protection or the offer (in practice this will almost always apply only to film and video trailer credits and to copyright disclaimers or the like);
                • text that is purely incidental to the advertisement and of such a kind that viewers will be unlikely to believe contains information (e.g. text on packaging where this is not being used to convey any part of the claim or offer); and
                • abstract signs such as ‘Rs’ or ‘%’ or decimal point, in numbers or prices.
             4. Furthermore, the following miscellaneous expressions should usually be counted as one word:
                • e-mail addresses;
                • internet URLs; and
                • common abbreviations.

          The factors influencing readability of disclaimers can work in combination to frustrate viewers’ attempts to read and understand them. Advertisers are cautioned that the ASCI will consider the factors individually and cumulatively when investigating complaints.

      11. Speed for audio disclaimer – In advertisements in Radio / TV / Internet etc., the speed of spoken disclaimers should not exceed 6 syllables per second and its volume should be at the same volume level as the rest of the audio.

Chairman

Board of Governors, ASCI
November 17^th 2022

Chairman

Board of Governors, ASCI
June 1^st 2014

Marketers may claim saving for a larger pack, provided the comparison is made
without any ambiguity by highlighting number of smaller pack units versus the
larger promotional pack (viz., “Save INR XX for a 2 KG pack as compared to four
500 gm packs”). Words to be used “save” and not “off”.

Chairman

Board of Governors, ASCI
June 10^th 2014

Preamble

While all fairness products are licensed for manufacture and sale by relevant
state Food & Drug Administrations (FDA) under the Drugs & Cosmetics Act, there
is a strong concern in certain sections of society that advertising of fairness
products tends to communicate and perpetuate the notion that dark skin is
inferior and undesirable. ASCI code’s Chapter III 1(b) already states that
advertisements should not deride race, caste, colour, creed or nationality. Yet,
given how widespread the advertising for fairness and skin lightening products
is, and the concerns of different stakeholders in society, ASCI, therefore, felt
a need to frame specific guidelines for this product category

Guidelines

The following guidelines are to be used when creating and assessing
advertisements in this category

• Advertising should not communicate any discrimination as a result of skin
  colour. These advertisements should not reinforce negative social
  stereotyping on the basis of skin colour. Specifically, advertising should
  not directly or implicitly show people with darker skin, in a way which is
  widely seen as, unattractive, unhappy, depressed or concerned. These
  advertisement should not portray people with darker skin, in a way which is
  widely seen as, at a disadvantage of any kind, or inferior, or unsuccessful
  in any aspect of life, particularly in relation to being attractive to the
  opposite sex, matrimony, job placement, promotions and other prospects.
• In the pre-usage depiction of product, special care should be taken to
  ensure that the expression of the models in the real and graphical
  representation should not be negative in a way which is widely seen as
  unattractive, unhappy, depressed or concerned.
• Advertising should not associate darker or lighter colour skin with any
  particular socio-economic strata, caste, community, religion, profession or
  ethnicity.
• Advertising should not perpetuate gender-based discrimination because of
  skin colour.

Chairman

Board of Governors, ASCI
August 14^th 2014

Preamble

Celebrities have a strong following and hence high credibility among consumers.
Therefore, advertisements featuring celebrities need to doubly ensure that
claims made in it are not misleading, false or unsubstantiated; so as not to
harm the interests of the consumers, especially for products or services which
can cause serious financial loss and physical harm. These guidelines are
developed so that the advertiser is guided to produce and release appropriate
advertisements featuring celebrities in it. Advertisements featuring celebrities
or involving celebrity endorsements would be subject to the following
guidelines:

Guidelines:

• Celebrities, for the purpose of these guidelines are famous and well-known
  people, who are from the field of entertainment and
  sports, and would also include other famous and well-known personalities
  like doctors, authors, activists, educationists, etc. who
  get compensated for appearing in advertising*
• All advertisements featuring celebrities should ensure that it does not
  violate any of the ASCI code in letter and spirit. Celebrities are expected
  to have adequate knowledge of these Codes and it is the duty of the
  advertiser and the agency to make sure that the celebrity they wish to
  engage with, is made aware of them.
• Testimonials, endorsements or representations of opinions or preference of
  celebrities must reflect genuine, reasonably current
  opinion of the individual(s) making such representations, and must be based
  upon adequate information about, or experience with, the product or service
  being advertised.
• Celebrity should do due diligence to ensure that all description, claims and
  comparisons made in the advertisements they appear in, or endorse, are
  capable of being objectively ascertained and capable of substantiation, and
  should not mislead or appear deceptive. The celebrity or his/her
  agent/manager must give a duly signed written confirmation to ASCI that the
  celebrity has undertaken due diligence for the claims and representations
  made claims/endorsements made in a given advertisement in which the
  celebrity appears.
• Celebrities should not participate in any advertisement of a product or
  treatment or remedy that is prohibited for advertising under
  • The Drugs & Magic Remedies (Objectionable Advertisements) Act 1954
    as updated from time to time (Link for preliminary
    guidance http://cghealth.nic.in/CFDA/Doc/Acts&Rules/
    Drugs%20and%20Magic%20Remedies%20(Objectionable%20
    Advertisement)%20Act,%201954.pdf or
  • The Drugs & Cosmetic Act 1940 and Rules 1945: (Schedule J) as
    updated from time to time (Link for preliminary guidance
    https://cdsco.gov.in/opencms/export/sites/CDSCO_WEB/Pdfdocuments/acts_rules/2016DrugsandCosmeticsAct1940Rules1945.pdf
• Celebrities should not participate in any advertisements for products which,
  by law, require a health warning such as “………….. is injurious to health” in
  their advertising or packaging.
• The celebrity can either directly, or through their concerned agency, choose
  to seek Endorser Due Diligence (EDD) from ASCI on whether the advertisement
  potentially violates any provisions of the ASCI code and any other legal
  statutes pertaining to advertising. If the advertisement is developed fully
  following the EDD provided by the ASCI, then the celebrity would be
  considered as having completed due diligence

You may contact ASCI at [email protected] for seeking details regarding EDD
procedure or refer www.ascionline.in.

*Compensated Rs. 20 lakhs or above as per current limit for appearing in a single
advertisement or a campaign, or per year, whichever is more, AND / OR is listed
in top 100 celebrities as per any one of the current and immediate past list of
Forbes or the Times or Celebrity track report of Hansa Research, or any such
list which is intended to be indicative and not exhaustive.

Chairman

Board of Governors, ASCI
April 21^st 2012

Preamble

Awards and rankings are increasingly being used by advertisers to make
superiority claims for their products and services in advertising.

Consumers, owing to a lack of knowledge, may be led into believing that an award
or ranking which is given to a brand, product, institute or service makes it
superior and/or more authentic. Some of the awards and rankings are likely to
mislead the consumer by communicating that the product or service is a
recognised one, and raise its esteem in the mind of the consumer as evaluated by
experts or by a large body of experts, whereas this actually may not be the
case.

It is, therefore, accordingly necessary, that awards and rankings used in
advertising should be sourced from credible, recognised, independent bodies,
which employ ethical processes, rigour and appropriate research, so that
superiority claims made by advertisers are substantiated and do not mislead
consumers.

This is particularly important for claims made by educational institutions, which
affect children’s education, career opportunities and future job prospects. In
the healthcare services area, this can severely impact patients’ health and
wellbeing.

Key reference for applicable ASCI chapters

Chapter I – To ensure the Truthfulness and Honesty of representations and
claims made by advertisers and to safeguard the consumer against misleading
advertisements:

• Advertisements must be truthful.
• Where advertising claims are expressly stated to be based on, or supported
  by, independent research or assessment, the source and date of such
  independent research or assessment must be indicated in the advertisement.
• Advertisements shall not, without permission from the person, firm or
  institution under reference, contain any reference to such person, firm or
  institution, which confers an unjustified advantage to the product
  advertised, or which tends to bring the person, firm or institution into
  ridicule or disrepute.
• Advertisements should disclose all material facts, which if suppressed or
  distorted, would mislead the consumer by implication
  or omission.
• Advertisements should be framed in such manner as to gain consumer trust,
  and not exploit his/her lack of understanding or knowledge.

Guidelines

These guidelines are developed to guide advertisers for appropriate reference to
award/s or ranking/s, claim/s in advertising, and will assist the advertiser to
understand why ASCI’s Consumer Complaints Council (CCC) may accept or reject the
mention of a certain award or ranking.

• Awards/rankings should not be used as an alternative for consumer or
  scientific research or testing, which is required to substantiate a
  superiority claim about the effective use or performance of products or
  services.
• Advertisements that refer to awards/rankings should indicate clearly the
  name of the organisation that has provided the award/ranking and the month
  and year in which the award/ranking was pronounced.
• The validity of the award/ranking so used to substantiate a claim should be
  of a period preceding the advertisement by not more
  than 12 months in case the award follows an annual awarding cycle. For
  awards that are valid for a longer period, claim substantiation documents
  should provide evidence of validity of the same. In case the awarding
  organisation has conducted another ranking exercise, the previous ranks
  would automatically cease to be valid. In some cases if the year of the
  award period is self-explanatory, then such reference to the award being
  current is not applicable.
• The permission or consent of the person, institution or organisation
  conferring the award/ranking should be obtained in writing before being used
  in the advertisement.
• Photographs of the award/certificate/awards function, or the list of
  invitees to the award function, is by itself not sufficient evidence to
  support the award. Additionally, details on the protocol/process followed by
  the awarding/ranking organisation is required to substantiate the claim.
• Awards/rankings based on surveys done in one area (say, a city or state)
  cannot be extrapolated to include a larger territory (say, India, Asia, the
  world). Institutions cannot extrapolate data to substantiate their claim.
  Additionally, awards/rankings given in one category cannot be used to
  promote an institution in another category. For example –
  • If a university is ranked 25th on a national level, it cannot claim
    that it is in the ‘Top 5’ in say, the North zone, unless the
    awarding organisation publishes a zonal ranking as well.
  • If the award is given to a particular department of a college or to
    a college under a university, then the same cannot be
    attributed to the college or university respectively.
• To substantiate the award/ranking claim, the advertiser needs to give an
  undertaking that there is no commercial relationship or conflict of interest
  between the awarding organisation/the research agency/ jury members and the
  advertiser, and that they are two independent entities. To be specific,
  there should be no direct or indirect payment made by the advertiser to the
  institution or organisation granting such award.
• For a complaint lodged at ASCI against an advertisement claiming
  award/ranking, the concerned advertiser would be required to
  provide details on the protocol/process followed by the awarding/ ranking
  organisation for conferring the award/ranking on the
  product/service. This would mean and include, but shall not be limited to:
  • The criteria for granting award/ranking, which should be published
    and available in the public domain.
  • The process followed, i.e., either via market research or by a panel
    decision.
    • If it is by means of a market research then its authenticity
      needs to be supported for the following:
      • The market research agency is a member of a
        recognised market research association, such as
        Market Research Society of India (MRSI) or ESOMAR
      • The sample size and methodology adopted.
    • If there has been no market research, but the award granted
      is based on a panel/jury decision, then in such cases:
      • The credentials and qualifications of the panel/jury
        judging the subject of the claim made for the brand.
      • The detailed process followed by the panel in
        arriving at the decision.
      • How many brands/products were assessed? What was the
        criteria used, and what was the methodology deployed
        by the panel in arriving at its decision?
• For a complaint lodged at ASCI against an advertisement claiming
  award/ranking for a school/college/university/educational enterprise, the
  concerned advertiser would be required to provide details on the
  protocol/process followed by the awarding/ranking organisation for
  conferring the award/ranking on the institution. This should include:
  • The evaluation parameters, which must be clearly specified and the
    respective scores obtained by the educational institutions
    on each parameter so specified.
  • The parameters should cover various aspects, such as infrastructure,
    students per class, faculty strength and profile, outcomes (academic
    results/awards/higher studies), teaching methodology, sports
    education, co-curricular activities, leadership and life-skills,
    etc.
  • Only when a multi-faceted evaluation is done, can there be a fair
    evaluation of the quality of education provided by an
    educational institution.
  • Where multiple parameters are used, the weightages between the
    various parameters need to be indicated.
• For a complaint lodged at ASCI against an advertisement claiming
  award/ranking for a healthcare enterprise/hospital/ treatment, the concerned
  advertiser would be required to provide details on the protocol/process
  followed for conferring the award/ranking on the product/service. This
  should include:
  • Evaluation parameters, which are clearly specified and the scores
    obtained by leading healthcare providers on each parameter is
    published.
  • The parameters should cover various aspects such as, infrastructure,
    number and profile of doctors, their experience and qualifications,
    patient care outcomes, innovation in treatment/protocols, and impact
    on business operations or patient care outcomes and medical KPIs.
  • Where multiple parameters are used, the weightages between various
    parameters needs to be indicated.
  • Where doctor, patient or general public perception is incorporated
    in the evaluation process, the study should be collected by an
    independent reputable agency. The sample size and spread, target
    group definition, sampling method and the field control procedures
    should be clearly specified.
  • The questionnaire and data collection records should be available to
    ASCI for review.

Chairman

Board of Governors, ASCI
April 21^st 2022

Preamble:

Online gaming, where consumers are required to put up money for a possibility of
cash or equivalent winnings, has become immensely popular.Such games are called
“ONLINE GAMING FOR REAL MONEY WINNINGS”. Vast amounts of resources are being
spent to establish new brands and new formats in this category. Such games fall
under state jurisdictions, and from time to time, they may be allowed or
disallowed through notifications or enactment of laws. It is not within ASCI’s
jurisdiction to decide the legality
of such games, and objections related to the legality of such games, and the
appearance of their advertisements in specific media are outside of ASCI
purview, and must be taken up with the concerned sector regulators within the
government. ASCI can process complaints regarding the advertising content of
‘Online Gaming for Real Money Winnings’, when such advertisements potentially
violate the ASCI code. Such games entail an element of risk through financial
losses. Such games may also be addictive
in nature. Some advertisers have proactively put disclaimers to warn the public
on both issues. However, there is a need to standardise the same as well as
ensure that all advertisements in the category carry the required warnings.

For advertisements of ‘Online Gaming for Real Money Winnings’ the following
specific guidelines have been developed to guide advertisers to so that their
advertisements do not violate the ASCI code pertaining to misleading
advertisements (Chapter I), or of being harmful to society or individuals
(Chapter III). These guidelines would be applicable to the content of all
advertisements of ‘Online Gaming for Real Money Winnings’

Guidelines:

• No gaming advertisement may depict any person under the age of 18 years, or
  who appears to be under the age of 18, engaged in
  playing a game of ‘Online Gaming for Real Money Winnings’
  or suggest that such persons can play these games.
• Every such gaming advertisement must carry the following disclaimer:
  • Print/static: This game may be habit-forming or financially risky.
    Play responsibly.
    • Such a disclaimer should occupy no less than 20% of the
      space in the advertisement.
    • It should also SPECIFICALLY meet
      disclaimer guidelines 4 (i) (ii) (iv) (viii) laid out in the
      ASCI code.
  • Audio/Video: This game may be habit-forming or financially risky.
    Play responsibly
    • Such a disclaimer must be made at a normal speaking pace at
      the end of the advertisement and be presented for a minimum
      of 4 seconds.
    • It must be in the same language as the advertisement.
    • For audiovisual mediums, the disclaimer needs to be in both
      the audio and visual formats.
    • The disclaimer should be presented in a way that is clear
      from other actions/effects/claims/text/audio that may
      distract the consumer.
• The advertisements should not present ‘Online Gaming for Real Money
  Winnings’ as an income opportunity or an alternative
  employment option
• The advertisement should not suggest that a person engaged in gaming
  activity is in any way more successful as compared to others

Chairman

Board of Governors, ASCI
April 21^st 2022

DEFINITIONS

Influencer

An Influencer is someone who has access to an audience and the power to affect
their audiences’ purchasing decisions or opinions about a product, service,
brand or experience, because of the influencer’s authority, knowledge, position,
or relationship with their audience.

Virtual Influencer

Virtual influencers, are fictional computer generated ‘people’ or avatars who
have the realistic characteristics, features and personalities of humans, and
behave in a similar manner as influencers.

Material connection

A material connection is any connection between an advertiser and influencer that
may affect the weight or credibility of the representation made by the
influencer. Material connection could include, but is not limited to benefits
and incentives, such as monetary or other compensation, free products with or
without any conditions attached including those received unsolicited, discounts,
gifts, contest and sweepstakes entries, trips or hotel stays, media barters,
coverage, awards, or any family or employment relationship, etc.

Digital media

Digital Media is defined as a means of communication that can be transmitted over
the internet or digital networks, and includes communication received, stored,
transmitted, edited or processed by a digital media platform. Digital media
includes but is not limited to:

• Internet (advergames, sponsored posts, branded content, promotional blogs,
  paid-for links, gamification, in-game advertising,
  teasers, viral advertising, augmented reality, native advertising, connected
  devices, influencers, etc.)
• On-demand across platforms, including near video on demand, subscription
  video on demand, near movie on demand, free video on demand, transactional
  video on demand, advertising video on demand, video on demand, pay per view,
  etc.
• Mobile broadcast, mobile, communications content, websites, blogs, apps,
  etc./digital TV (including digital video broadcasting, handheld and
  terrestrial), etc.
• NSTV (non-standard television)
• DDHE (digital delivery home entertainment)
• DTT (digital terrestrial television)

Preamble:

As digital media becomes increasingly pervasive and more consumers start to
consume advertising on various digital platforms, it has become important to
understand the peculiarities of these advertisements and the way consumers view
them. With lines between content and advertisements becoming blurry, it is
critical that consumers must be able to distinguish when something is being
promoted with an intention to influence their opinion or behaviour for an
immediate or eventual commercial gain. Consumers may view such messages without
realising the commercial intent of these, and that becomes inherently
misleading, and in violation
of clause 1.4 (misleading by omission) and 1.5 (abuse trust of consumers or
exploit their lack of experience or knowledge).

Guidelines:

• DisclosureAll advertisements published by social media influencers or their
  representatives, on such influencers’ accounts must carry a
  disclosure label that clearly identifies it as an advertisement.
  • The following criteria must be used to determine if disclosure is
    required:
    • Disclosure is required if there is any material connection
      between the advertiser and the influencer.
    • Material connection is not limited to monetary compensation.
      Disclosure is required if there is anything of value given
      to
      mention or talk about the advertiser’s product or service.
      For example: If the advertiser or its agents gives free or
      discounted
      products or service, or other perks, and then the influencer
      mentions one of its products or services, a disclosure is
      needed
      even if they were not specifically asked to talk about that
      product or service.
    • Disclosures are required even if the evaluations are
      unbiased or fully originated by the influencer, so long as
      there is a material connection between the advertiser and
      influencer.
    • If there is no material connection and the influencer is
      telling people about a product or service they bought and
      happen
      to like, that is not considered to be an advertisement and
      no disclosure is required on such posts.
  • Disclosure must be upfront and prominent so that it is not missed
    byan average consumer
    • It should be placed in a manner that is hard to miss.
    • Disclosures are likely to be missed if they appear only on
      an ABOUT ME or profile page, or bios, at the end of posts or
      videos, or anywhere that requires a person to click MORE.
    • Disclosure should not be buried in a group of hashtags or
      links.
    • Using a platform’s disclosure tool should be considered in
      addition to an influencer’s own disclosure.
    • If the advertisement is only a picture or video post without
      accompanying text (such as Instagram stories or Snapchat),
      the discloser label needs to be superimposed over the
      picture/video, and it should be ensured that the average
      consumer is able to see it clearly.
      • For videos that last 15 seconds or lesser, the
        disclosure label must stay for a minimum of 3
        seconds.
      • For videos longer than 15 seconds, but less than 2
        minutes, the disclosure label should stay for 1/3rd
        the length of the video.
      • For videos which are 2 minutes or longer, the
        disclosure label must stay for the entire duration
        of the section in which the promoted brand or its
        features, benefits etc., are mentioned.
    • In live streams, the disclosure label should be announced at
      the beginning and the end of the broadcast. If the post
      continues
      to be visible after the live stream is over, appropriate
      disclosure must be added to the text/caption.
    • In the case of audio media, the disclosure must be clearly
      announced at the beginning and at the end of the audio, and
      before and after every break that is taken in between.
  • The disclosure must be made in a manner that is well understood by
    an average consumer.
    • Following is the list of disclosure labels permitted. Any
      one or more can be used:
      • Advertisement
      • Ad
      • Sponsored
      • Collaboration
      • Partnership
      • Employee
      • Free gift
      • “Paid Partnership” tag on Instagram
      • Affiliate
      • “Includes Paid Promotion” tag on YouTube
    • The disclosure should be in English OR in the language as
      the advertisement itself, in a way that is easy for an
      average
      consumer to understand.
  • A virtual influencer must additionally disclose to consumers that
    they are not interacting with a real human being. This disclosure
    must be upfront and prominent.
  • Responsibility of disclosure of material connection and also of the
    content of advertisement is upon the advertiser for whose product or
    service the advertisement is, and also upon the influencer. For
    clarity, where advertiser has a material connection with the
    influencer, advertiser’s responsibility will be to ensure that the
    posted influencer advertisement is in line with the ASCI code and
    its guidelines. While the influencer shall be responsible for making
    disclosures required under the guidelines, the advertiser, shall,
    where needed, call upon the influencer to delete or edit an
    advertisement or the disclosure label to adhere to the ASCI Code and
    Guidelines.
• Due DiligenceThe influencers are advised to review and satisfy themselves that the
  advertiser is in a position to substantiate the claims made in the
  advertisement.

Addendum (Date 15.07.2021)

If an influencer/advertiser disputes that the piece of communication in question
is not an advertisement as there is no aterial connection, the following
evidence will be required to be submitted to ASCI:

• A declaration from the advertiser stating that there is no material
  connection between them and the influencer as on the date of the post. This
  declaration needs to be signed by a senior member of the advertiser’s
  organisation such as the Marketing Head, Legal/ Compliance Head, and Digital
  Marketing Head or similar.
• In the event that the advertiser of the brand featured is difficult to trace
  in spite of reasonable efforts, or if the piece of communication features
  brands of multiple advertisers, then proof of purchase of featured products
  and brands, provided by the influencer, would be considered adequate
  evidence to refute material connection.

Chairman

Board of Governors, ASCI
April 21^st 2022

Preamble:

A Virtual Digital Asset (VDA) has been defined as any information or code or
number or token (not being Indian currency or foreign currency), generated
through cryptographic means or otherwise, by whatever name called, providing a
digital representation of value exchanged with or without consideration, with
the promise or representation of having inherent value, or functions as a store
of value or a unit of account including its use in any financial transaction or
investment, but not limited to investment scheme, and can be transferred, stored
or traded electronically.

These products are more commonly referred to as “crypto products” or Non-Fungible
Tokens (NFTs)

Such products are a relatively new and an evolving form of investments. There is
a need to protect consumer/investor interests, as users may not be aware of
risks arising from this form of trading and investment. The market for VDAs is
not regulated and can be very volatile, since it is usually not backed by any
tangible assets. In order to ensure that consumers who deal in VDA
products are fully aware of the risks, and are not misled, ads must comply with
the ASCI “Guidelines for Virtual Digital Assets and Linked Services”, so as not
to Violate Chapter 1 of the ASCI code, particularly clauses 1.1, 1.4, 1.5. that
require advertisements to be truthful, and not mislead consumers by implication,
ambiguity, exaggeration or omission, and not framed in a way that abuse their
trust or exploit their lack of knowledge.

Guidelines:

• All ads for VDA products and VDA exchanges, or featuring VDAs, must carry
  the following disclaimer.

  “Crypto products and NFTs are unregulated and can be highly
  risky. There may be no regulatory recourse for any loss from such
  transactions.”

  Such a disclaimer must be made in the following manner so that it is
  PROMINENT and UNMISSABLE by an average consumer:

  • In print or static, equal to at least 1/5th of the advertising space
    at the bottom of the advertisement in an easy-to-read font, against
    a plain background, and to the maximum font size afforded by the
    space.
  • In video, the disclaimer should be placed at the end of the
    advertisement against a plain background. A voiceover must
    accompany the disclaimer in text. The voiceover should be at a
    normal speaking pace and must not be hurried. In the case of long
    format video of over two minutes, the said disclaimer should be
    repeated at the beginning and at the end of the video. The
    disclaimer must remain on screen for a minimum of five seconds.
  • In audio, the disclaimer must be spoken at the end of the
    advertisement. The voiceover should be at a normal speaking pace
    and must not be hurried. In the case of long format audio of over 90
    seconds, the said disclaimer should be repeated at the beginning and
    at the end of the audio.
  • In social media posts, such a disclaimer must be carried in both –
    the caption as well as any picture or video attachments. The
    disclaimer within the caption must be placed upfront at the
    beginning of the post. Where social media posts or advertisements
    have restrictions on text in the static picture, the disclaimer must
    be carried upfront in the caption before the fold.
  • In disappearing stories or posts unaccompanied by text, the said
    disclaimer will need to be voiced at the end of the story in the
    manner laid out in points (a) or (b) above. If the video is 15
    seconds or lesser, then the disclaimer may be carried in a prominent
    and visible manner as an overlay.
  • In formats where there is a limit on characters, the following
    shortened disclaimer must be used “Crypto products and NFT’s are
    unregulated and risky” followed by a link to the full disclaimer.
  • The disclaimer must be made in the dominant language of the
    advertisement
  • In addition to the above, all disclaimers must meet the minimum
    requirements laid down in the ASCI guidelines for disclaimers.
• The words “currency”, “securities”, “custodian” and “depositories” may not
  be used in advertisements of VDA products or services as consumers associate
  these terms with regulated products.
• The information contained in advertisements shall not contradict the
  information or warnings that the regulated entities provide to customers in
  the marketing of VDA products from time to time.
• Advertisements that provide information on the cost or profitability of VDA
  products shall contain clear, accurate, sufficient and updated information.
  For example, “zero cost” will need to include all costs that the consumer
  might reasonably associate with the offer or transaction.
• Information on past performance shall not be provided in any partial or
  biased manner. Returns for periods of less than 12 months shall not be
  included.
• Every advertisement for VDA products must clearly give out the name of the
  advertiser and provide an easy way to contact them
  (phone number or email). This information should be presented in a manner
  that is easily understood by the average consumer.
• No advertisement for VDA products or exchanges may show a minor, or someone
  who appears to be a minor, directly dealing with the product, or talking
  about the product.
• No advertisement may show that VDA products or VDA trading could be a
  solution to money problems, personality problems or
  other such drawbacks.
• No advertisement shall contain statements that promise or guarantee future
  increase in profits.
• No advertisement may show that understanding VDA products is so easy that
  consumers do not have to think twice about investing.
  Nothing in the ad should downplay the risks associated with the category
• VDA products may not be compared to any other asset class which is
  regulated.
• Since this is a risky category, celebrities or prominent personalities who
  appear in VDA advertisements must take special care to ensure that they have
  done their due diligence about the statements and claims made in the
  advertisement, so as not to mislead consumers.

The guidelines will be applicable to all advertisements released or published on
or after 1st April 2022. Advertisers and media owners must also ensure that all
earlier advertisements must not appear in the public domain unless they comply
with the guidelines, post 15th April 2022.

Chairman

Board of Governors, ASCI
February 23^rd 2022

Preamble:

The guidelines on harmful stereotyping follow the release of ASCI’s study
GenderNext, conducted along with Futurebrands in October 2021. The study
examined the depiction of women in advertising and identified several
stereotypes and tropes. While the report encourages advertisers and creators to
demonstrate more progressive roles based on the insights revealed, it also
dentified some stereotypical depictions that could negatively reinforce how
people think they should look and behave, and how others think they should look
and behave, based on their gender. This can have negative consequences for
individuals and for society as a whole,
and over a period of time. As society progresses and evolves, norms on what is
acceptable to consumers and other stakeholders also evolve. While harmful
stereotypes are not only present in advertising, and advertising is not the only
factor that reinforces these stereotypes, it is important for advertising to
play its rightful role and not contribute to the perpetuation of such
stereotypes.

As the gender landscape is a complex issue, the following guidelines provide a
specific interpretation of ASCI Chapter III (against harmful situations) as it
relates to harmful gender stereotyping. While the guidelines lay down the
boundaries of what is unacceptable, advertisers and creators are encouraged to
be inspired by the spirit of the GenderNext report and deploy the SEA framework
and the 3S checklist to create more progressive gender depictions when it comes
to the depiction of women. (https://ascionline.in/gendernextreport/index.html)

Guidelines

Note:

• ASCI will consider an ad’s likely impact when taken as a whole, and in
  context
• ASCI will consider stereotypes from the perspective of the group of
  individuals being stereotyped.
• The use of humour or banter is not likely to overcome the underlying issue
  of such harmful stereotypes.
• The guidelines do not intend to prevent ads from featuring:
  • glamorous, attractive, successful, aspirational or healthy people or
    lifestyles;
  • one gender only, including in advertisements for products developed
    for and aimed at a particular gender;
  • gender stereotypes as a means to challenge their harmful effects.

Advertisements must not include gender stereotypes that are likely to
cause harm or serious or widespread offence.

• While advertisements may feature people undertaking genderstereotypical
  roles e.g., a woman cleaning the house or a man going to
  an office, or displaying gender-stereotypical characteristics e.g., a man
  being assertive or a woman being sensitive to others’ needs, they must not
  suggest that stereotypical roles or characteristics are:
  • always uniquely associated with a particular gender
  • the only options available to a particular gender
  • never carried out, or displayed by, another gender(s).
  • Advertisements that are aimed at or depict children may target and
    feature a specific gender, but should not convey that a particular
    children’s product, pursuit, behaviour, or activity, including
    choice of play or career, is inappropriate for one or another
    gender(s). For example, ads suggesting that a boy’s stereotypical
    personality should be “daring” or that a girl’s stereotypical
    personality should be “caring”, or someone chiding a boy playing
    with dolls or girls from jumping around, because it is not the
    typical activity associated with the gender, are likely to be
    problematic.
• While advertisements may feature glamorous and attractive people, they must
  not suggest that an individual’s happiness or emotional wellbeing depends on
  conforming to these idealised gender-stereotypical body shapes or physical
  features.
• Advertisements should not mock people for not conforming to gender
  stereotypes, their sexual orientation or gender identity, including in a
  context that is intended to be humorous, hyperbolic or exaggerated. For
  example, an ad may not belittle a man for carrying out stereotypically
  female roles or tasks or make fun of a same-sex relationship.
• Advertisements should not reinforce unrealistic and undesirable gender
  ideals or expectations. For example, an advertisement must not depict a man
  with his feet up and family members creating a mess around a home, while a
  woman is solely responsible for cleaning up the mess, or a woman overly
  grateful for the man helping her in everyday chores. Similarly, a woman
  returning from work may not be shown as solely responsible for doing
  household duties, while others around her are at leisure.
• An advertisement may not suggest that a person fails to achieve a task
  specifically because of their gender e.g., a man’s inability to change
  nappies; or a woman’s inability to park a car. In categories that usually
  target a particular gender, care must be taken to not depict condescension
  towards any other gender, or show them as incapable of understanding the
  product or unable to make decisions. This does not prevent the advertisement
  from showing these stereotypes as a means to challenge them.
• Where an advertisement features a person with a physique or physical
  characteristics that do not match an ideal stereotype associated with their
  gender, the advertisement should not imply that their physique or physical
  characteristics are a significant reason for them not being successful, for
  example, in their romantic, social or professional lives. For example, an ad
  may not suggest that a man who is short, a woman who is dark, or any
  individual who is overweight has difficulty finding a job or a partner due
  to this aspect of their physique.
• Advertisements should not indulge in the sexual objectification of
  characters of any gender or depict people in a sexualised and objectified
  way for the purposes of titillating viewers. This would include the use of
  language or visual treatments in contexts wholly irrelevant to the product.
  For example, an online takeaway service featuring an image of a woman
  wearing lingerie lying back in a provocative pose behind various fast-food
  items would be considered problematic. Even though the image may not be
  sexually explicit, by using a suggestive image of a woman that bears no
  relevance to the advertised product, the ad would be considered objectifying
  women by presenting them as sexual objects, and therefore is a gender
  stereotype that is likely to cause
  harm.
• No gender should be encouraged to exert domination or authority over the
  other(s) by means of overt or implied threats, actual force, or through the
  use of demeaning language or tone. Advertisements cannot provoke or
  trivialise violence (physical or emotional), unlawful or anti-social
  behaviour based on gender. Additionally, advertisements should not encourage
  or normalise voyeurism, eve-teasing, stalking, emotional or physical
  harassment or any similar offences. This does not prevent the advertisement
  from showing these depictions as a means to challenge them.

Chairman

Board of Governors, ASCI
June 8^th 2022

Preamble:

Online Deceptive Design Patterns commonly known as “Dark Patterns” is an umbrella term referring to a wide variety of practices commonly found in online user interfaces that lead consumers to make choices that often are not in their best interests. Developing a universally accepted definition of Dark Patterns is a challenge, owing in part to the wide variety of practices referred to as such and different views on whether certain practices should be considered Dark Patterns.

The OECD Committee on Consumer Policy proposes the following working definition intended to facilitate near-term discussion about such practices among regulators and policymakers across jurisdictions: “Dark commercial patterns are business practices employing elements of digital choice architecture, in particular in online user interfaces, that subvert or impair consumer autonomy, decision-making or choice. They often deceive, coerce or manipulate consumers and are likely to cause direct or indirect consumer detriment in various ways, though it may be difficult or impossible to measure such detriment in many instances.”

Dark Patterns share one or more end-goals – for example getting consumers to purchase, purchase more of, or continue to purchase, a good or service that they would otherwise not purchase or purchase in lesser quantity; to spend more money on a purchase or time on a service than desired; or to give up more personal data than desired – with the ultimate purpose of increasing business revenue. There are many instances of Dark Pattern executions which are unrelated to advertisements such as users being guilted into opting for something which they would otherwise not have, or, when consumers purchase something, additional products are added into the basket of the consumer, without their knowledge – like donations to relief funds, etc. However as ASCI’s remit is limited to self-regulation of Advertising content these guidelines cover only advertising in digital media including e-commerce, airline, food delivery etc. apps and websites.

Chapter 1 of the ACSI code requires ads to be honest, and not abuse the trust or lack of expertise of the consumer. The code requires ads to not mislead by omission, exaggeration, implication or ambiguity. To ensure that advertisements do not breach Chapter 1, the following guidelines are to be applied to digital advertising.

Guidelines

1. Drip Pricing:

   Quoted prices in advertisements and e-commerce sites must include non-optional taxes, duties, fees and charges that apply to all or most buyers so as to prevent drip pricing. Drip pricing refers to a practice whereby elements of the prices are not revealed upfront, and the total price is only revealed at the very end of the buying process or post-confirmation of purchase. This creates ambiguity around the final price as well as prevents easy price comparisons. Hence incomplete price representations upfront would be considered misleading.

   Example: A consumer orders a snack from an online food delivery platform where a price of Rs. 100 is shown, but the final amount payable comes to Rs. 175 as it additionally includes taxes, delivery fees, platform convenience fees and other such charges. If such charges are common for all or most consumers, they must be included in the displayed prices on the listing ad itself.

2. Bait and Switch:

   When an ad or an element in the ad directly or indirectly implies one outcome based on the consumer’s action, but instead serves an alternative outcome, the same would be considered misleading. Examples:

   1. A consumer may select a product offered at a certain price but is thereafter only able to access the same product at a higher price.
   2. Another example is offering an attractive product and later revealing that it is out of stock, offering an alternative product.
   3. Changing the meaning of key symbols to mean the opposite. For example, an X on the top right corner of the ad, instead of closing an app, may open up the app, or do the very action that the user was trying to avoid. The X on the top right is commonly understood by consumers to mean “close”. But in this specific interaction, the X means “accept/ proceed”. This would be deemed to mislead the consumer.
3. False Urgency:

   Stating or implying that quantities of a particular product or service are (e.g. airline seats available at a certain price) more limited than they actually are would amount to misleading consumers. In the case of any complaint, the advertisers would be required to demonstrate that the stock position at the time of the appearance of the limited quantity message was of a level where the urgency communicated could not be considered misleading.

4. Disguised Ads:

   An advertisement that is of a similar format as editorial or organic content must clearly disclose that it is an ad. Examples could be influencer posts, paid reviews, and ads placed in a manner to appear like editorial content.

These guidelines will be applicable from 1st September 2023.

Chairman

Board of Governors, ASCI
May 11^th 2023

Preamble:

In recent years, charities have been active advertisers, particularly on digital media, and
especially for the purpose of seeking funds and crowdfunding on behalf of their
beneficiaries. It may be noted that many such beneficiaries may not have an active social
network to reach and tap donors. Charities, including crowdfunding platforms, provide
this reach through sponsored ads and organic posts, which tap potential donors.

However, there have been some concerns about ads that create donor distress through
the use of images that may be too graphic. While the intent of such posts is undoubtedly
to nudge donors to contribute, such posts may cause undue distress to ordinary
consumers who may be surfing through their news feeds.

Charities can have a challenging job explaining the nature of the important, and often
sensitive, work they do in a way that educates, but doesn’t distress, their audience. While
many people may feel a powerful and sometimes negative reaction to these types of ads,
conversely, many could feel that the worthwhile nature of the charities means that
greater scope should be afforded to them to use hard-hitting themes and images.

It’s perfectly understandable that charitable organisations want to do everything possible
to raise awareness and funds for their causes. However, they must take care not to
overstep the mark by misleading consumers or causing unjustified distress. ASCI’s
Chapter 1 requires ads to be honest and truthful, and Chapter 2 requires them not to
cause grave or widespread harm or offence. In order for ads to be compliant with the ASCI
code, advertisements related to charitable causes must adhere to the following
guidelines.

1. An advertisement for a charitable organization or crowdsourcing platform for charity
   shall not overtly or pointedly suggest that anyone who doesn’t support the charity fails
   in their responsibility or should feel ashamed.
2. Advertisements must not disrespect the dignity of those on whose behalf an appeal is
   being made, by any means, including showing graphic images of victims in distress,
   particularly children and minors. An advertiser must be able to produce evidence of
   express consent for the use of images of beneficiaries if asked to do so.
3. In digital advertising, any image shown in the ad that could cause unjustified distress
   to an ordinary consumer, must be blurred and made visible only to those interested in
   clicking and knowing more.
4. When an appeal is made for a specific case or a specific beneficiary, the ad must
   disclose if the funds could potentially be used for other purposes or other
   beneficiaries. Ads must not mislead consumers about where or to whom their
   donations are going
5. If a crowdsourcing platform collects a percentage or fee for managing or raising donor
   funds, it must be made clear what such amounts are in the advertisement itself.

Chairman

Board of Governors, ASCI
June 13^th 2023