New Delhi: Last weekend there was a major uproar after a controversial ad for a body spray — by the Layer’r Shot brand — aired on television. People brand is called Out for “promoting rape culture”.
Advertising Standards Council of India (ASCI), Ministry of Information and Broadcasting (Ministry of I&B), and the Delhi Commission for Women criticized the advertisement, after which it was removed from every platform.
YouTube and Twitter also complied with the government’s request to remove the ad.
The company issued a statement on Monday apologizing for the ad, but also highlighted the fact that they had sought all relevant “approvals” and that their idea was “misconsidered by some”.
— layer’r shot (@layerr_shot) 6 June 2022
Controversy and brand statements have raised questions about the “approval” that brands are required to obtain before an advertisement can be broadcast on television.
Speaking to ThePrint, a source working in a reputed advertising agency, on the condition of anonymity, shed some light on the matter.
The source said that the organizations do not need approval from any outside body before airing their advertisements. Only advertisements for chewing-tobacco and alcohol brands – which often use surrogate advertising – have to go through the Central Board of Film Certification (CBFC) approval process.
Brands whose advertisements are run in theatres, have to undergo screening by the statutory body under the Ministry of Information and Broadcasting.
If an advertisement has been disputed, then ASCI, which has a Consumer Complaints Council (CCC), comes to the fore to take action.
According to Manisha Kapoor, Chief Executive Officer and General Secretary, ASCI, “The Consumer Grievances Council decides on complaints as an independent jury consisting of members from industry and civil society where civil society is in the majority. All taken by the CCC Decisions are independent of the board. All decisions are on public record.”
But how is TV advertising conceptualized, created and finally approved, before it comes on television? Who is responsible for ensuring that advertising is effective and appropriate to be broadcast? ThePrint spoke to industry insiders to understand the process of creating an ad.
How is advertising made?
As mentioned above, when a brand decides to advertise, they either partner with an advertising agency or a team internally to brainstorm ideas and topics about their product make.
If an advertising agency is involved, a storyboard is created, indicating how the main objectives will be delivered, and the use of the product and design, among other things.
Once the theme and script are decided, a production company is hired, actors or models are brought in and shooting begins.
Post its shooting, the advertisement will either go through CBFC screening or will be shown to the client brand. Most brands in India have an in-house team that scrutinizes the pitches created by their advertising agencies, hence getting approval from these teams as well.
“For this particular brand [Layer’r SHOT], approval could not be sought from any outside stakeholder as they had not even appointed an advertising agency. But having said that, around 20 people from multiple departments are usually involved in decision making, unless an advertisement is telecasted on TV or any virtual platform,” the source said.
“Every process requires approval from a senior in an organization. There is no law by which the advertising world is governed and even the CBFC is keen on the visual experience of an advertisement. Showing excessive skin And openly sexual gestures are some of the instances where they may find reason to object,” the source said. “Some companies send their advertisements [to the CBFC for approval] Without voiceovers and hence it is not a priority to capture the sexual cues put in the script.”
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What are the powers of ASCI?
ASCI’s Consumer Complaints Council consists of jurors who make decisions based on complaints every two months.
Once a controversial ad is taken to this jury, they can either warn the manufacturers or use their special powers, including suspending an ad until an investigation is conducted.
Speaking to ThePrint, ASCI’s Kapoor said, “ASCI has a compliance rate of over 95 per cent across all media”.
“in this specific instance” [Layer’r SHOT]We have been alerted to an advertisement which has seriously violated the ASCI code regarding obscene and objectionable advertisement,” Kapoor said, ascii code for self-regulation,
“As per the ASCI procedure, we provide the advertiser with an opportunity to present their arguments before providing a recommendation on the advertisement, but in this case, we immediately invoked a special procedure called ‘Suspended Pending Inquiry’,” she said.
The ASCI also highlights the need for self-regulation whenever there is a dispute.
“Advertisers need to do their due diligence. In exceptional circumstances, when it appears prima facie that an advertisement is in serious contravention of the ASCI Code and its continuance is against the public interest, the ASCI, pending investigation, shall first direct the advertiser to suspend the advertisement and then A fair opportunity of being heard to the advertiser,” said Kapoor.
Advertisements in the past that have promoted ‘light skin’ and brands that have only used women as props warned by ASCI in 2014. The guidelines issued for fairness creams sought to emphasize that people with darker skin should not be portrayed as inferior.
“Advertisers need to be creative as well as responsible”, Kapoor said.
“ASCI supports responsible advertising through our services such as ‘advertising advice’, through which potential breaches of the ASCI code can be identified at the pre-production stage,” he added. “Advertisers and brands can take advantage of an advertising mentoring service that … can help save brands time, money and reputation.”
(Edited by Jinnia Ray Chowdhury)
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