Manisha Kapoor on Leading ASCI and Navigating the Digital Advertising Landscape
Manisha Kapoor, CEO of the Advertising Standards Council of India (ASCI), champions transparency and integrity in advertising. With over 25 years of cross-sectoral experience, she shares insights on emerging advertising trends, data privacy, and how ASCI adapts to digital media and influencer marketing. Her dedication to ethical advertising and innovative strategies positions her at the forefront of industry transformation.
Can you tell us about your career journey and how you became involved with ASCI?
I started my career in marketing at Hindustan Lever and Johnson & Johnson, focusing on operational roles for over a decade. Shifting into consulting for about 15 years, I worked across diverse industries—from media and banking to aviation. Serving as a jury member for the ASCI Consumer Complaints Council introduced me to ASCI. In 2020, I was offered the opportunity to lead ASCI, leveraging my familiarity with its operations. The challenge to steer ASCI towards greater relevance and innovation excited me, and I’ve been dedicated to this role for about three and a half years now.
What do you think are some of the emerging trends in advertising that ASCII is focusing on?
I think digital media is a major focus for us. This includes advertising disguised as influencer activities, which is a significant area of interest. We have also addressed dark patterns in UI/UX designs that can manipulate consumer choices. Currently, we’re looking into data privacy, AI, and ethics. The challenges of digital media are certainly capturing our attention, and we strive to stay updated on the latest developments and technologies to understand their impact on consumer protection. These areas are definitely our primary focus.
How do you think ASCI can enhance data privacy for consumers, given the increasing concern around this issue?
Data privacy is a significant concern for everyone. At ASCI, we believe in enhancing consumer data privacy through informed consent, allowing consumers control over what they share, how much they share, and with whom. Although sharing information can benefit consumers, the ultimate choice should rest with them. New regulations are emerging in this area, reflecting these concerns. While some progress has been made with the enactment of laws, further rules are yet to be notified. As we advance, we aim to gain a more detailed understanding of data privacy and how it can be effectively regulated.
How is ASCI responding to the growth of digital advertising and influencer marketing?
ASCI is adapting to the rise of digital advertising and influencer marketing in several ways. We aim to stay ahead of the conversation by engaging in foundational work, which involves multiple stakeholder discussions on issues like privacy and AI. We focus on understanding stakeholder views and building consensus on necessary protections and emerging areas of concern.
In particular, we collaborate closely with digital platforms and technology developers. It’s crucial to address these issues at the design stage because of the widespread and growing use of digital media. Our goal is to work with technology developers and platform operators to create approaches that prioritize consumer protection, data protection, and data privacy from the outset.
How is the rise of digital media affecting standards and regulations in India?
Digital advertising faces significant scrutiny. Regulators, including ASCI and the government, are addressing emerging issues by mapping and collaborating with industry and tech providers to mitigate problems early on. Systemic corrections and technological enhancements, like automated content moderation, are essential to ensure ads meet standards before public release. These challenges are global but are especially critical in India due to widespread digital adoption across all socioeconomic strata, age groups, and educational backgrounds.
ASCI asks advertisers and broadcasters to refrain new ad releases until SC clarity on SDC mandate
In a meeting with stakeholders on June 11, the Ministry of Information and Broadcasting (MIB) insisted that all new advertisements on TV, digital, print, and radio be self-declared by June 18. MIB secretary Sanjay Jaju chaired the meeting, and attendees included Madison World chairman Sam Balsara, who represented the media agencies, Indian Broadcasting and Digital Foundation secretary Sidharth Jain, Manisha Kapoor of the Advertising Standards Council of India, and Satya Raghavan of Google India.
It all started with the revelation of Patanjali’s misleading advertisements. The industry people voiced their dissatisfaction and thought that their recommendation could have been more helpful in resolving some of the practical problems with the plan. However, the MIB declined to consider any recommendations and declared that on July 9, it would give the high court an affidavit outlining the actions it has taken so far on SDC.
Advertisers are rushing to reschedule campaigns
Companies are expected to release fewer new advertisements for three weeks starting on June 18, the day on which advertisers and advertising agencies should begin to submit a self-declaration before any advertisement is published, aired, or displayed (under the Self-Declaration mechanism mandated by the Supreme Court). All currently airing advertisements are free to keep running. However, the mandate will be applicable to new advertisements. As a result, it is reported that many advertisers have advanced the release of new campaigns and advertisements before June 18.
Read More: VaynerMedia officially launches in India, Salman Moin to lead local operations
ASCI asks to refrain from ad releases until SC clarity on SDC mandate
Given this, observers feel that there was a significant oversight in MIB’s execution of the order. To allow the Supreme Court to clarify the self-declaration certificate (SDC) requirement for new advertisements—which is expected to happen only after June 9, when the matter is brought before the SC—the ASCI has asked advertisers and broadcasters to hold off on releasing advertisements between June 18 and July 9.
The implementation of the SDC for all ads published on digital, radio, broadcast, or print presents several practical challenges that have been brought to the attention of various stakeholders in the media and advertising industries. As a result, the ISA, IDBF, and INS have requested that the MIB postpone the process until the Supreme Court addresses their concerns and provides clarification. To compile and share information with the MIB, ASCI has requested that its members notify it of any challenges they encounter when carrying out the SDC mandate.
The Indian Society of Advertisers, which is the governing body of the advertising industry, has advised its member organizations to hold off on launching new advertising campaigns until further clarification is provided. “Advertisers and broadcasters can also consider avoiding airing new advertisements in this period till we get some clarity from the Supreme Court,” the ISA stated in a carefully worded memo to its members.
Concerns and difficulties for advertisers and broadcasters
The self-declaration certificate (SDC) mandate for advertisements, imposed by the Supreme Court, has put the media and advertising industries in a difficult position. The SC issued an order requiring all ads to provide SDC prior to the ad’s release in an effort to combat the threat of deceptive ads. The directive states that older advertisements are free from the requirement. The self-declaration criteria will only apply to the new ones.
The order’s ambiguities have left stakeholders perplexed and searching for clarification. Furthermore, in an increasingly complex, creative, velocity-driven, volume-driven adscape where print ads and programmatic advertising coexist, the viability of the self-declaration mechanism in its current form has been seriously questioned. Advertisers have labeled it “unviable,” and the business community is concerned that the system will hinder creativity and replace it with “extreme bureaucracy.”
Read More: ASCI ACR: 98% of Overall Ads Violated the ASCI Code, Required Modifications
Industry bodies’ letter to the MIB
Many industry organizations, including the Indian Society of Advertisers (ISA) and the Internet and Mobile Association of India (IAMAI), are considering intervening in the dispute between the Indian Medical Association and the Union of India. The Indian Society of Advertisers (ISA), Indian Broadcasting and Digital Foundation (IBDF), and Indian Newspaper Society (INS) had requested that the Ministry of Information and Broadcasting (MIB) postpone the implementation of the SDC mandate to allow the industry enough time to meet the new regulatory norms, citing reasons ranging from technical glitches to overall clarity about the process.
The Indian Newspaper Society wrote a letter to the ministry pleading for the adoption of the existing regulatory frameworks and highlighting how well they work. Given that the SC issue concerns deceptive medical advertisements, it was suggested that the SDC mechanism be restricted to these types of advertisements. For TV and radio advertisements, advertisers will need to generate SDC via the Broadcast Seva portal; for print and digital ads, they must use the Press Council of India (PCI) portal.
Obtaining SDC’s through PCI and Broadcast Seva portal
The ISA has also requested a delay in the implementation of the SDC mechanism, citing concerns about asset confidentiality due to the public’s access to advertising materials uploaded to the PCI and Broadcast Seva websites. The ISA also observed that there are often technical problems with both platforms, which could lead to delays in the creation of SDC.
Read More: Ad agencies and advertisers must self-disclose before releasing ads; Anupam Mittal criticizes
MIB stubborn on SDC mandate implementation
Nevertheless, on June 11, at a stakeholder meeting, the MIB made it clear that, per the Supreme Court’s directive, the SDC requirement for all new advertisements on television, digital, print, and radio would take effect on June 18. Despite this, the MIB made it clear at a June 11 stakeholders’ meeting that, per the Supreme Court’s directive, the SDC requirement for all new advertisements on television, digital, print, and radio would start on June 18. Given the scope and intricacy of the self-declaration requirement, the advertising industry has voiced serious concerns regarding the self-declaration mechanism.
What’s next?
Several industry associations are thinking of asking the Honorable Supreme Court to grant them relief from the burdensome requirements in the event that the Ministry of Information and Broadcasting (MIB) is unable to provide any clarification regarding the implementation timelines. In the Indian Medical Association versus Union of India case, the Supreme Court ordered on May 7, 2024, that the MIB set up portals for the submission of advertisements for print and digital media.
According to reports, MIB has instructed that all suggestions and concerns be submitted in writing, and it has promised that a list of all these issues will be included in the affidavit that MIB will present to the Supreme Court on July 9 for the next hearing. The ISA, for its part, had counseled its members to schedule their advertising campaigns with consideration of any deadlines that might be necessary to adhere to the self-declaration procedure.
Read More: MIB moves forward with self-declaration mandate leaving the industry displeased
Goafest 2024 | Trust or Bust: Thriving in the Digital World
The third Knowledge Seminar titled, Trust or Bust: Thriving in the Digital World, was presented by Malayala Manorama with Knowledge Partner – ASCI, which brought together a distinguished panel of experts. Among them were Amit Doshi, Chief Marketing Officer at Britannia; Falguni Vasavada, Professor at MICA and Digital Creator; Paras Sharma, Director of Global Partnerships at Meta; and Sharan Hegde, Finance Content Creator and Co-founder and CEO of 1% Club. Steering the conversation was Manisha Kapoor, CEO & Secretary General of ASCI.
In this informative and interesting session, the panel offered insights into navigating the idea of trust through the complexities of the digital landscape. Amit began by stating,
“Trust between a consumer and a brand is now a two-way street.” He also emphasised the exponential importance of listening to the conversations in which a brand is involved. Additionally, in response to Manisha, Sharan stated that finance content creators play a crucial role in demystifying complex financial topics and offering accessible advice to consumers. He noted that financial scams have existed for ages and believes that the realm of content creation and digital following has only begun to address financial awareness. “Building trust is relatively easy, but once it’s lost, it can be gone forever due to one bad move or piece of news. Therefore, the focus should be on maintaining and nurturing that trust consistently,” he added.
With discussions ranging from building trust in online platforms to leveraging digital innovations for business success, the session provided invaluable perspectives on how organisations can thrive amidst the challenges and opportunities presented by the digital age. Through shared experiences and expert analysis, attendees gained a deeper understanding of the evolving dynamics of trust and authenticity in the digital realm.
ASCI ACR: 98% of Overall Ads Violated the ASCI Code, Required Modifications
The Advertising Standards Council of India (ASCI) today published its Annual Complaints Report, which provides an all-inclusive analysis of advertisements that were regarded as objectionable in the fiscal year 2023–24.
ASCI examined 10,093 complaints and investigated 8299 advertisements. The majority of violations were on account of misleading claims at 81%, followed by ads that promoted harmful situations or products at 34% (the same ad can be processed for multiple objections). Digital ads accounted for 85% of ads processed, and had a lower compliance rate of 75%, compared to 97% for print and TV. This raises serious questions about the online safety of consumers, as was highlighted last year as well. 94% of the ads that were processed were picked up suo moto by ASCI.
49% of the advertisements picked up by ASCI were not contested by the advertisers. A total of 98% of cases eventually required modification as they violated the ASCI Code.
This year, healthcare emerged as the most violative sector, contributing to 19% of cases, followed by illegal offshore betting (17%), personal care (13%), conventional education (12%), food and beverage (10%), and realty (7%). Baby care emerged as a new contender in the top violators category, with influencer promotions contributing to 81% of babycare cases.
Out of the 1575 advertisements processed in the healthcare sector, 1249 violated the Drugs and Magic Remedies Act, 1954, and were reported to the sector regulator. 86% of the healthcare ads appeared on digital platforms. 1311 advertisements for illegal betting were sent to the appropriate authorities for further action. Of the 1064 ads that ASCI examined in personal care, 95% of them appeared online, with more than half (55%) being influencer non-disclosure cases.
Celebrities continued to appear in ads that were in violation of the ASCI code. ASCI processed complaints against 101 ads featuring celebrities, 91% of which required modification. 104 celebrities appearing in these 101 ads were found to be in violation of the celebrity guidelines as they could not provide any evidence of due diligence. It may be noted that due diligence is also a requirement under the Consumer Protection Act, 2019. The top five violative categories for celebrity violations were personal care (22%), food and beverages (21%), illegal/betting (20%), healthcare (9%), and durables (6%).
In addition to processing objectionable ads through its own processes, ASCI reported 3200 advertisements directly to various regulators for violations of the law. Besides the 1311 offshore illegal/betting ads escalated to the Ministry of Information & Broadcasting and the 1249 healthcare ads reported to the Ministry of AYUSH for potential violations of the Drugs and Magic Remedies Act, 1954, others included realty (493 ads), alcohol beverages (82 ads), and tobacco and tobacco based products (65 ads).
To combat these trends, ASCI, under the aegis of the ASCI Academy has introduced a certification course called “The ‘ASCI Guide to Responsible Advertising”. The course, designed for students and professionals, aims to support the advertising ecosystem, achieve ethical advertising standards and compliance with the ASCI Code and various regulations, and reduce the incidence of objectionable advertising.
Saugata Gupta, Chairman of ASCI, said,
“As digital emerges as a dominant media in which advertisements thrive, ASCI has geared up to the challenges through constant investment in technology. We will continue to improve our processes and expertise to ensure nimble and transparent resolution of objectionable ads. At this critical juncture, we look forward to collaborating with all stakeholders to promote ethical advertising and calling out advertisements that eventually erode trust in advertising.”
Manisha Kapoor, CEO & Secretary General of ASCI, said,
“2023-24 has been a truly challenging year, and ASCI stepped up to this by focusing our efforts on digital. 3200 advertisements were shared with various regulators, such as MIB, Ayush, and MahaRera, for direct violations of the law. We see this as a continuing area of focus. Sectors like healthcare emerging at the top are a significant concern for all citizens. With the highest number of violative ads seen online, advertisers and platforms must work more closely with regulators and self-regulators to keep consumers protected. ASCI Academy’s recently launched e-learning courses on Responsible Advertising and Responsible Influencing is a significant step to increase the industry’s capacity to create ads with greater understanding of regulatory standards and ensure that consumers are not exposed to objectionable advertising in the first place.”
Read the Full Report Here: Report Link