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Legal Environment and Advertising Ethics Prof. Anita Mandrekar

Advertising (Criticism) Advertising has been attacked by critics who charge that it goes beyond selling products or ideas to exert a powerful influence on society. According to this view, advertising in its many forms is so pervasive and so persuasive that it has the ability to shape social trends and mold personal attitudes. This influence is unwanted, intrusive and often detrimental to society, say critics critics.. Defen Defender ders s respon respond d that, that, in additio addition n to the econom economic ic benefi benefits ts to improved competition, lower prices and more product choices, advertising prom promot otes es free freedo dom m of sp spee eech ch,, as good goods s and and serv servic ices es.. Furt Furthe herm rmor ore, e, advertising is actually influenced by society because it acts as a mirror in refl reflec ecti ting ng cert certai ain n soci societ etal al chan change ges. s. For For exam exampl ple, e, adve advert rtis isin ing g mus ustt continually adjust their language and illustrations to conform to changes in socially acceptable practices. This ongoing debate over the proper role of advertising in society is entirely separate from the ethical issues of deceptive or fraudulent advertising and it boils down to one basic question: Does advertising help or hurt society? Language and Literacy Advertising sometimes twists words or changes spelling and grammar to make a point. Advertising copy is accused of playing fast and loose with the rules of language, which encourages the audience to do the same. Some crit critics ics go furt furthe her, r, comp compla lain ining ing that that peop people le have have less less need need for for read readily ily available in the electronic media both by advertising and by sponsoring news and entertainment programs. Why do ads bend grammar and use slan slang? g? Som Sometim etimes es it’s it’s to avoi avoid d soun soundi ding ng stil stilte ted, d, som sometim etimes es it’s it’s for for emphasis and sometimes it’s to sound like the people you want to reach. “There’s no real intent to damage the language.” When advertisers want to reach teenagers they try to adopt teenage speech patterns, advertisers often use unorthodox spelling so a word can be used as a legal part of a brand name as a trademark. Manipulation and Exploitation Does Does advert advertisin ising g manip manipula ulate te people people into into buying buying what what they they don’t don’t need? need? Critics contend that advertising is so powerful and persuasive that people have no choice but to buy what they see advertised, regardless of their actu actual al need need for for thes these e prod produc ucts ts.. Ad Adve vert rtis iser ers s expl exploi oitt our our inad inadeq equa uacie cies, s, anxieties, hopes and fears. Advertisers, using psychological or emotional appeals, get us to buy their products by making us feel that these products help us gain status, acceptance, even love.

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On the other other side side of the contro controver versy, sy, defend defenders ers acknow acknowled ledge ge that that the whole reason to advertise is to persuade. There’s no magic or dishonesty about using the marketing mix to identify customer needs, to create an appropriate product and to advertise the product. Defenders contend the advert advertisin ising g offers offers people people the inform informatio ation n they they need need to choose choose among among pro products ucts in the marke arketp tpla lace ce.. Advert vertis isin ing g can be see seen as build uildin ing g consumption not by making people purchase what they don’t need but by makin making g the marke markett more more efficie efficient nt for both both consum consumer er and produc producers ers by offering information about the product, its availability. No amount of advertising pressure can force people to buy something they don’ don’tt want want and and anyo anyone ne who who is pers persua uade ded d by adve advert rtis isin ing g to buy buy a bad bad product (or a product that doesn’t meet a legitimate need) won’t make that mistake again. Far from being helpless to resist advertising’s persuasive power power people people are able able to ignore ignore or discou discount nt advert advertisin ising g messa messages ges,, by zapping television commercials, turning down the radio, or simply turning the page in a magazine or newspaper. Most consumer are savvy about what they see advertised and research indicates that children understand and are skeptical about advertising’s persuasive power. Advertising Old People and Minority Groups Critics say that ads often portray entire group of people in stereotypical ways showing elderly people only as senile for example. These advertising can reinfo reinforce rce negati negative ve or undes undesirab irable le views views of these these groups groups.. This This can contr contribut ibute e to discrim discrimina inatio tion n agains againstt them. them. By presen presentin ting g mino minoriti rities es and wome women n more ore real realist istic icall ally, y, adve advert rtis iser ers s can can sign signifi ifica cant ntly ly expa expand nd thei theirr markets for a wide variety of products. The situation is slowly changing as minor minority ity group’s group’s protes protestt agains againstt stereo stereotyp types. es. Howev However, er, showin showing g more more minor minority ity groups groups is only only half half the answe answer. r. The other half, half, perhap perhaps s more more difficult, is to make their portrayal realistic. Advertising is a waste of money There is a feeling among some that advertising is blatant, uneconomic and antis antisoc ocial ial.. It make makes s peop people le buy buy more ore than than they they need need it, enco encour urag ages es consumption of liquor and cigarettes; it is the cause of violence, murder, etc. The money that is spent on advertising is considered a waste. This amount, it is felt, can be used effectively in other ways. Models are paid lakhs and cror crores es of rupe rupees es (A (Ami mita tabh bh Bach Bachch chan an,, Sach Sachin in Tend Tendul ulka kar, r, etc. etc.)) Ad Ads s on products that do not sell are also wanted. However, in all areas of work, failure and superfluous expenditure is there in almost all activities.

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Whether advertising is a social waste is difficult to interpret. Allegations of social waste are based on statements as: •

Ads make false statements which confuse & mislead

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Ads force customers to want goods & services that are not needed

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Ads promote products which are harmful

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Ads are forced on consumers (TV ads)

With reference to the statement that ads mislead and make false statement it may be said said most ost stat statem emen ents ts are are true true to a larg large e exte extent nt.. Yes, es, ads ads exaggerate but again consumers are not fools. Products are not brought only for its product attributes; it is bought for prestige (car), hope of a beautiful appearance, people want to look better, eat better, live better, drive better cars & improve their standard of living. Products may satisfy entirely or partially the wants of society. Persuasion is used not only in advertising but also in sermons for preachers, lecturer and even directives from government. The second criticism is that ads make people buy what they cannot afford. Ads Ad s cann cannot ot move ove peop people le in the the dire direct ctio ion n whic which h are are cont contra rary ry to socia sociall trend trends. s. Produc Products ts are produc produced ed after after market arket resea research rch to find find out out what what people want, what is the demand. When people decide against the use of prod produc uctt no amou amount nt of adve advert rtis isin ing g can can make make them them buy buy the the prod produc uct. t. IF advertising can make consumers buy products there will be no product failure.

Advertising promote products harmful to citizens There is a lot of legislation preventing the promotion and sale of harmful produc products. ts. Cigare Cigarette ttes s are harm harmful but smoke smoke is more more harm harmful. Liquor Liquor is dangerous and immoral according to critics. Attempts to abolish ads on these products only result in more use and illicit trade in such products. No product causes more death than automobiles. Is that immortal and should its production be banned?

Advertising is lacking in good taste Some ads (Harpic ad) are irritating. If the public is offended, the advertisers find out through decreases in sales or news reports and that situation are rectified. Advert Advertise iser’s r’s job job is to commu communic nicate ate.. Some Some advert advertise isers rs are aesthe aesthetic tic and more sensitive than others.

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Ads are forced on TV viewers The viewers are under no obligation to see the commercials. TV programmes cost money. If ads are not shown the programmes have to be made at government expense and the tax payer will have to pay additional taxes. Does advertising result in a better standard of living? Advertising has indeed made considerable contribution to a better standard of living with many other factors like our productive economic system. It has resulted in a dynamic expanding economy. Today’s economy is geared to a high level of consumption and production level. If employments are to be maintained and the economy has to grow, consumers will have to maintain the standard of living.

Advertising places an undue stress on material things With the role of advertising to maintain a high standard of living, it is obvious that advertising does stress to a considerable extent the consumption of material goods. Does this mean that less stress is placed on people’s cultural and spiritual needs? Is there a decline in cultural and spiritual fields because of advertising? Has interest in literature, music, painting, sculpture theatre, creative pursuits, efforts on the poor and the less fortunate in our society less because of advertising? In fact a decent standard of living is a prerequisite to a general interest in cultural activities. Both material goods and cultural activities are compatible. If the cultural & spiritual life is not as high as critics feel it should be, is advertising to be alarmed?

Advertising forces people to buy goods they do not need It is true that many products can be grouped as not necessary at present. However many products that are luxuries become necessities for a reasonable standard of living. Who is to decide that a particular item is not, the critics or the government? The freedom of choice cannot be taken away from people. Critics are the loudest in wanting freedom of speech. Advertising, as long as it does not violate standards of good taste, ethics, etc. is one form of freedom of speech.

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Social Benefits of Advertising Advertising works wonders on the minds of the consumers that in the end influence a purchase of a product. Advertising has led to many social benefits that are as under: Awareness Advertising is one of the oldest ways of spreading awareness about new products. More than half the population, literate is very much aware of the new products in the market. All credits to advertising in different media from newspapers, radio to television. It is one method where messages to a large mass audience are done accurately & correctly without misguiding them through TV, Radio, newspaper, Internet, outdoor, etc. Advertising is possible in all kinds of language Hindi, Marathi, English or any other language. Advertising provides people with information that is very vital for purchase of goods & services available in the market; it allows them to decide what product will satisfy their needs & give them what they want. Advertising gives the people an idea of what exactly would suit their pockets & what would not. Basically, advertisements are made in a way that the consumer will have the curiosity to check & see the brand in the market himself. Advertisements lead to recognition & recall of brands that definitely helps advertisers. Advertising is significant because in consumer capitalism individuals depend on it for meanings a source of social

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information embedded in commodities that mediate interpersonal relations & personal identity. Education Advertisements are not based only on consumer durables but there are also advertisements that educate people like social service advertisement & public service advertisement. These are in the social interest of the people. E.g.: Anti-smoking campaigns, polio vaccinations, eye donations. All these advertisements educate children, teenagers & adults about the precautions that have to be taken to survive & be accepted in the society. Earlier, due to lack of awareness, most of the AIDS patients were treated as untouchable but due to frequent awareness advertisements (like the one with Shabana Azmi, who is educating people about how sitting with AIDS patients is no harm) the attitude towards AIDS patients has changed & they are looked up with respect & considered normal along with dignity in society. The basic outlook of the people is changing due to advertisement be it in their choice of purchasing products or be it their attitude and thinking. Advertisements have and always will influence the minds of the people. Culture Advertising is an influential form of social communication. Advertising is not just a business expenditure undertaken in the hope of moving some merchandise off the store shelves but is rather an integral part of modern culture. Advertising should be conceived as an important institution in the consumer society because it produces patterned system of meaning which play a key role in individual socialization & social reproduction with globalization of the world economy. Multinational corporations often use the same advertising to sell to consumers around the world. Some critics argue that advertising messages are causing the world to become increasingly homogenous. Many advertising campaigns, however have universal appeal, overriding, cultural differences or they contributed to culture in a positive way. Employment Employment with the growth of advertising the need for man power is also increasingly. It’s not that only by advertising for jobs will a person be able to get a job but in the field of advertising itself there are so many departments & areas a person can explore that people from almost all fields have the opportunity to join and be a part of advertising. Economy 6


It is believed that advertising has a positive impact on the economy because it stimulates demand for products & services strengthening the economy by promoting the sale of goods & services. Manufacturers know that advertising can help sell a new product quickly enabling them to recoup the cost of developing new products. By stimulating the development of new product, advertising helps increase competition. Many economists believe that increased competition leads to lower price there by benefiting consumer & the economy as a whole. These economists also argue that by interesting consumer in purchasing goods advertising enables manufacturers and others to sell their products in larger quantities. The increased volume of sales enables companies to produce individual units at lower price. Advertising thus benefits consumer by helping lower price. From all the points above what can be concluded is that the effects upon society brought about by advertising come in mixed forms, depending on the purpose & execution of various campaign. However, society, as we know, it is based very heavily upon advertising and the negative social and economic effects on our society. No one can predict what new form advertising may take in the future. Bu the rapidly increasing cost of acquiring new customer makes one thing certain. Advertisers will seek to hold on to current customers by forming closer relationship with them & by tailoring products, services & advertising messages to meet their individual needs. So while advertising will continue to encourage people to consume it will also help provide them with products & services more likely to satisfy their needs.

Advertising and Children The world of children has changed a great deal over the last decade. Kids are no longer passive consumers of brands that they once used to be, but are active seekers and influencers for a whole range of products affecting their lives. While this is definitely true for products like chocolates, biscuits, ice-creams for which kids are the direct consumers it is also true for a whole other range of high-end consumables like packaged food, computers and believe it or not… cars! Kids are active seekers and influencers for a whole range of products affecting their lives. It’s a given that the new generation of youngsters is an avid consumer of mass media, especially television. They watch TV with high involvement and more often than not easily led by what is shown on TV. They are 7


increasingly vocal and influential when it comes to ‘Brand Choice’ and ‘Brand Purchase’. And this influence spreads to categories which may not be directly used by kids or products aimed at adult consumption (refrigerators, mobile phones, air conditioners, etc.) E.g.: salt ads, ads on spices, etc. Advertisers are making their pitches to more and more younger audiences… ‘Catch them young’ seems to be the motto of the day. Television ads for foods, toys or kitchen products teach children consumerism. They learn what products are available, what products do, and perhaps how to compare them. Children learn how an item fits the lifestyle from cartoons, soap operas and serials. Thus children develop unrealistic ideas of how people live. The variety and number of products targeted directly at young people have developed incredibility, from toys and clothes to music, magazines, TV channels and entertainment such as sports and electronic interactive media. Many companies focusing on children have realized that there is a need for redefining the generally accepted definition of childhood. “Children are getting older beyond their years”, not least due to the dramatic advances in technology, but there are other aspects that make this target group even more important – also for manufacturer of products traditionally targeted at adults. It is quite evident that today’s generation of children is more computer literate and advertising literate than ever. Equally, they are more brand literate. Young people have an increasing influence on what their families purchase. Children are the ‘now’ generation. They may lack the so called sophistication of adults; act impulsively and without much rationale. However, advertising research demonstrates that any message that observes the basics of communicating with children in their own ‘Language’ will be registered, even at the very first showing. Children do make demands on their parents to buy them things whose advertising they have been exposed to. Actions shoes had introduced kids’ shoes that had a light fitment which went on and off as one walked. Not a very persuasive communication but it had children pestering their parents to buy them that particular pair. Children respond more positively to messages communicated visually rather than voice message. This is especially true among younger 8


audiences, even up to the age of 10 or 12. Visual action is closer to their own play experience where actions speak louder than words. Television is a major form of entertainment. It is reported that children see almost 20,000 ads a year. Children today are more exposed to media, are extremely brand as well as image conscious. To children, advertising is TV, when questioned about advertising, they invariably respond in terms of TV. Also with age, TV starts playing a more important role in the kid’s like and the consumption of TV viewing also increases correspondingly. For most of the kids however, television advertising is an integral part of the entertainment that television provides. Effects of Advertising on children The impact of television on young children has received much attention. Research suggests that children see television advertising as just another form of programming and react uncritically to its messages, which makes them especially vulnerable to advertising. Children clearly have an important role to play in the families purchase decision, but their contribution varies by product category. It I also reasonable to then say that since brand characteristics are variable, the impact of advertisements on children must also vary by brand. Advertising affects children tremendously. Their young impressionable minds are influenced by the advertisements they are exposed to. This effect can be both positive as well as negative. All tooth paste ads like Colgate, Pepsodent, etc. inculcate a good habit of brushing the teeth in the morning and at night before sleeping. They create awareness among the children regarding the ill effects of germs, weak gums, etc. The Raymond advertisement This advertisement shows depressed school student wishing good bye to their principal. Out of their respect and love for their principal, they buy him a Raymond cut piece. It influences the kids to give teachers the respect they deserve and love them for the knowledge they bestow upon us.

Thumps UP Some years back, there was an advertisement for Thumps Up, which had a man standing at a cliff and performing ‘bungee jumping’ just to grab a 9


bottle of Thumps Up from the crates lying in a truck below. A kid after watching this advertisement attempted a similar feat and jumped from the fifth floor of a building in imitation only to fall to his death. Due to this tragic accident, Thumps Up had to withdraw this advertisement. Kwality Walls Kwality Walls came with a series of double meaning advertisements with lines like ‘what’s on your stick?’ and the ‘the big F’. It showed a group of girls ragging few guys, where in extremely rude and vulgar behavior was displayed by the protagonist, with an all the more vulgar line ‘The Big F’. Several parents started complaining because they couldn’t handle questions by their kids as to enquiring what did the letter F stands for! Clinic Shampoo The Clinic Shampoo advertisement featured a girl child who is embarrassed because of her extremely lifeless hair. Is that the age when a kid should be worried about her looks and hair? Such advertisements make children grow older beyond their years and thus induce wrong attitudes and beliefs in them. LG Golden Eye LG colour TV advertisements showed a kid not going back home from school and standing outside a TV showroom just to watch TV because at home his mother doesn’t allow him to do the same. The mother is shown extremely tensed and scared with water in her eyes. The advertisement peddled on the platform of ‘good health’ and ‘good for eyes’. This advertisement indirectly conveyed that how the kids could watch TV unlimited for long hours, without spoiling their eyesight. Hence this advertisement influenced the child in a negative way. Also this was a very unimaginable ground to advertise for Television Sets. Fair and Lovely Fairness Cream Harping on the point that fair skin is appreciated and dusky skin not, such advertisements have created an extremely disappointing influence on adolescent girls. Many adolescent girls are unduly influenced by this standard of beauty and thus become dissatisfied with their own natural body colour. They then go out of their way to rectify this and end up landing themselves in depression and lack of self confidence. Lizol A child takes one of the biscuits and considers it as if it is a car, and takes the car (biscuit) through all possible places in the house. The biscuit passes 10


through the dirty nooks and corners of the house like on the doormat, the toilet sink, etc. After his drive, the kid peacefully goes back and places the biscuit with the other biscuits on the plate from which he had picked it up. This advertisement displays unaccepted behavior of the part of the kid. The children, ever inquisitive, are intrigued by certain provocative advertisements. Since they partially understand by the connotation and want to find out more about advertisements of sanitary napkins and want to find out more about advertisements of sanitary napkins and want to know why the girls wear skimpy clothes and why their sisters and mothers don’t wear similar type of clothes. These posers from the kids cause great problems for the parents. The exposure to the violent content of TV programmes affect children’s attitudes behavior. People flying, turning into monsters, eating weird things coming back from the grave are fantasies that children have difficulty in distinguishing from reality celebrities have a great impact on kids. Ads with free gifts make children force their mothers to buy the product even if it is no use to them. The all out assault on children’s senses and values have escalated dramatically. Children are the largest and fastest growing market for consumption. Even car companies know that children influence their parents’ choice of automobiles, so they pitch their ads to be attractive to kids. Kids are becoming incredibly consumerist and influence family spending decisions. Children now share one thing in common – a growing in satiable desire for material goods. However, there are those who argue that advertising is a part of life and children must learn to deal with in the consumer socialization process of acquiring the skills needed to function in the market place. They say the existing restrictions are adequate for controlling children’s advertising. They argue that adolescents develop skeptical attitudes towards advertising through interactions with socialization agents such as parents and peers. Market place knowledge, they claim plays an important role in the children as this knowledge helps them to evaluate ads and make them recognize the persuasion techniques used by advertisers.

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Women in India The role of women in our society has changed in the last few decades. The traditional role of women cannot be accepted now. Women are playing a diversified role on the socio-economic context in our society. Women are emerging as a powerful influence group. Women are shown as objects of sexuality. The idea of the male gaze becomes the universal advertising strategy. Since men are the main purchasing power of India today the image of a sanctity lad woman will make them buy anything. 1. Women are being portrayed as sex objects. Women were shown as the weaker sex always by her man’s side. Not only are women being used as sex objects they are being used in relation to negative products as alcohol & drugs. 2. Ads show that women’s place is in the home, women are dependent

on men, and women do not make independent and important decisions. The household image of women is truly exploitive showing woman as an unattractive housewife who slaves for her family without any ambition is enslaving. The “Axe” ad shows a man in an elevator applying Axe body spray as he leaves the elevator. A less attractive man enters the elevator along with a beautiful woman. With the smell of the body spray still lingering it becomes a very powerful aphrodisiac and the woman becomes aroused. The next scene shows them coming out of the lift insinuating some kind of sexual experience. The ad implies that a body spray can make the sexual availability of women easy. Then came the category of women at work but even these were in romantic settings. These ads conversed that working women receive more masculine attention and have a better time. Ads showed how to become more appealing to men to gain popularity and who to become more sexually active, all to sell a product. The idea of the male gaze becomes significant.

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The upper middle or middle Hindu patriarchal morality is seen as normal. Any deviation from this is frowned upon. Some critics say that men say they are redefining women’s liberty and modernity but end up highlighting & reinforcing the prejudices of upper caste males. The upper caste or class Hinduism is repeatedly represented as “The only good” and powerful way of living in order to be a decent and patriotic Indian citizen. Woman in earlier ads was docile with an expression of down turned face fully dad in sari with big vermillion and flowers or a vamp in short indecent attire with a sensuous gaze, a pouting smile without vermillion and flowers. The modern woman is now shown without vermillion affirming her sensuality, no longer wearing a sari. But her societal status has not changed in any drastic way as her roles are defined even now by men. Washing machine microwave ovens liberate Indian women by moulding them into perfect homemakers. (e.g.: you and Videocon – the perfect homemaker). Portrayal of women in media has changed in some ways and not in others. The old stereotypes (housewife, girlfriend, sex object, decorative object) are still with is modified and diluted. The emerging new stereotypes are due to changes in the social, economic, political, scenario, trends in liberalization / globalization and the rise of consumerism can be seen as the emerging new Indian women the beauty queens, models, VJ & women’s entrepreneurs. Besides these there are a great number of serial which stress on women in roles of the perfect housewife dominated by her husband and a vamp. These shows portray old time values & morals trying to bring back the trend of the male dominated society.

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Ethical Issues Advertising is a dynamic social form where business interests, creativity, consumer needs and government regulations meet. The high visibility of advertising makes it particularly vulnerable to criticism. E.g.: Benetton is both a vehicle to sell clothing as well as a platform to express opinions on social issues. As a consequence of these mixed perspectives, it has had to pay a heavy price – number of stores dropped as well as lost out in 1991. Another aspect is that people feel that advertising plays the role of the “Hidden Persuader” and that consumers are its victims as they are manipulated to buy products they neither need nor can afford. Also findings indicate that while ad executives are fed up with bad ads produced by their trade, consumers do not care much one way or the other because of the overdrive of advertising products. However, it is worthwhile to be aware of the social issues facing advertising, as social responsibility requires a balance between public welfare and freedom of speech. Ethical Criteria In spite of regulation, every issue is not covered by a clear, written rule. Many issues are left to the discretion of the advertiser and these decisions may be based on a variety of considerations – objective of ad campaign, attitudes of target audience and the legal precedent. Many decisions are also based on ethical concerns. Issues central to an ethical discussion on advertising are: 14

Legal Environment and Advertising Ethics Prof. Anita Mandrekar •

Advocacy

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Accuracy

•

Acquisitiveness

Advocacy By its very nature, advertising tries to persuade the audience that they need new products and to buy it, since it persuades it is not objective or neutral. This fact disturbs critics who think ads should be objective, informative and neutral. They want ads to provide info and then stop there.

Accuracy Beyond the easily ascertainable claims in an ad message are matters of perception. Will buying the automobile make an envy of my neighbor? Will wearing a perfume make me more attractive? Such messages may be implied by the situations pictured in the ads. In spite of being aware that these messages will not essentially change our lifestyle, ad critics raise concern when these messages are directed to particular groups with limited experience such as children and teenagers.

Acquisitiveness Some critics believe that advertising is a symbol of our society’s preoccupation with accumulation of material goods. We are constantly exposed to gods that are bigger, better, changing, newer, etc. and into thinking that we must have these products. •

We do have free choice of what we buy

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Advertising offers choice and incentives

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Advertising informs consumers about goods and services they demand

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Ultimately, consumers make the final decision

The Problem of being Ethical Advertising can seek help in making decisions about questionable situations with the help of code of ethic that help provide general guidance. When advertising decisions are not covered by a code, rule or regulation, someone must make an ethical decision. This person must weigh the pros and cons and make value judgment about an unfamiliar situation. These decisions are complex because there exists no clear consensus about what is ethical behavior. The complexity of ethical issues requires us to make conscious effort to deal with each situation. After all it is people who create the ethical atmosphere of an organization. 15

Legal Environment and Advertising Ethics Prof. Anita Mandrekar 

Who should and should not be advertised to?



What should and should not be advertised?

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What should and should not be the content of the advertising message?

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What should and should not be the symbolic tone of the advertising message?

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What should and should not be the relationship between advertising and the mass media?

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What should and should not be advertising conscious obligation to society?

Therefore: •

•

•

There is no clear consensus on what defines ethical behavior. There is potential conflict between personal ethics and what might be good for business. Just because it is legal doesn’t mean that it’s right.

Related Factors in Ethical Decision Making •

Nature of the company

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Marketing objectives

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Reputation of the company

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Available resources

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Competition

Puffery It literally means ‘puffing’ up a product or exaggerating its qualities. Since this does not fall under the legal purview, it has become an ethical issue.

Rules of Advertising 1. Advertising should be designed as to conform not only to the laws but not also to the moral and aesthetic sentiments of the country in which it is published. 2. No advertisement likely to bring advertising into contempt or disrepute should be permitted. Advertising should not take advantage of the superstition or credulity of the general public.

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Legal Environment and Advertising Ethics Prof. Anita Mandrekar 3. Advertising should tell the truth and avoid distorting facts and misleading by means of implication and omissions. For instance it should not mislead the consumer by false statements as to: •

•

•

•

•

The character of the merchandise – i.e.: its utility, material, ingredients, origin. The price of the merchandise or its value, its suitable or the terms of the purchase. The service, accompanying purchase, including delivery exchange, return, repair, upkeep. Personal recommendations of the article or service. Testimonials which are fictitious or the originals of which cannot be produced must not be used. Anyone using testimonials in advertisements is as responsible for the statements made in them as he would be if he had made them himself. The equality of the value of competing goods or the trustworthiness of statements made by others.

4. No advertisement should be permitted to contain any claim so exaggerated as to lead inevitably to disappoint in the mind of the consumer. Special care is called for in the case of: •

•

•

•

Advertisement addressed to those suffering from illness. No such advertisements should hold out the promise of cure for serious disease nor contain any statement calculated to injure the health of the sufferer by dissuading him or her from seeking a medical advice or otherwise. Advertisements inviting the public to invest money should not contain statements which may mislead the public in respect of the security offered, rates of return or terms of amortization. Advertisements inviting the public to take part in lotteries or competitions with prize or which hold out the prospect of gifts.

Such advertisements should state clearly all the conditions for the lottery or competition or the conditions for the distribution of the gifts. Virtually every product is puffed up. Terms like “The Best” or “The Greatest” were sales talk. Everyone knows that “Wonder Bread” is not really a wonder, and “The Greatest show on Earth” is not what everyone considers the greatest. Puffery, therefore, was a form of opinion statement and not regulated. Some observers have expressed concern that the “Puffery defense” was a loophole through which many deceptive claims fell. The commission has been criticized for allowing deceptive claims to clip through under the guise of puffery. 17

Legal Environment and Advertising Ethics Prof. Anita Mandrekar Puffery can be defined as: 1. Reasonable people do not believe to be true product qualities and 2. Incapable of being proved either true or false Consequently, if deception is the creation of a false belief about the product in the mind of a consumer, claims that fall into the definition of puffery cannot be deceptive. By definition such claims can be neither false nor can they create belief. Puffery has generally viewed as a form of poetic license. Consumers are aware of the exaggeration and do not believe it. Some argue that puffery has a detrimental effect on consumers’ purchase decisions and that should be illegal.

Taste in Advertising We all have our own ideas as to what constitutes good taste. Hence different things offend different people. What is in good taste to some is objectionable to another. E.g.: Calvin Klein jeans which showed a young man rubbing his crotch with a soaking wet pair. Though the 16-24 age groups found this ad exciting, the older consumers were dismayed. One dimension of taste is the product itself. E.g.: underwear, laxatives, hygiene, AIDS, etc. have higher levels of distaste then do other ads. Also the fast that TV can bring this into out rooms and talk about it embarrasses many. Another dimension is the matching of certain ads with the program of media. E.g.: ads targeted to adults on Cartoon Network, etc. A third dimension is that taste changes over time. What is offensive today may not be considered so in the future. E.g.: a deodorant ad in 1919 that led to cancellation of subscription would be considered pretty tame by today’s standards.

Stereotyping Advertising is often accused of creating and perpetuating stereotypes through its portrayal of women, ethnic minorities, elderly and other groups. The portrayal of women in advertising is an issue that has received a great deal of attention through the years. Women are often depicted as preoccupied with household duties, motherhood, or they are shown as decorative objects are sexually provocative figures. Advertising shows a consistent picture of gender stereotyping. Women are shown as passive, lack of intelligence and credibility. In contrast men have been portrayed as constructive, powerful, autonomous and achieving. Even stereotyping exists in ads target to children. Boys are usually shown as more knowledgeable, active and aggressive than girls. Non-verbal behavior involving dominance and control are associated more with boys than girls.

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Legal Environment and Advertising Ethics Prof. Anita Mandrekar While sexism and stereotyping still exist, advertising’s portrayal of women is improving in many ways. Women are portrayed more realistically. Women have crossed the boundary from the domestic sphere to the professional arena. Many advertisers are now depicting women in a diversity of roles that reflect their changing place in society. In many ads, the stereotypic character traits attributed to women have shifted from weak and dependent to strong and autonomous. Some advertisers have been criticized for portraying senior citizens as feeble, foolish, inept or in desperate need of help.

Political Advertising Political campaign is organized effort to secure nomination and election of candidates. A political ad means an announcement or message of any form which is broadcast in return of payment by a candidate in elections. It does not include letters to editors, news or features articles or editorial comments. The essential task of political advertising is to gain the confidence of the people and influence their vote. Political advertising raises many questions concerning the funding of political campaigns, the reality of political claims and the likelihood of slanderous or libelous claims made by political candidates. The amount spent on political campaigns is still small compared with commercial advertising. Political advertising frequently engages in comparative advertising in which opposing candidate programmes and performance are criticized and ridiculed. Political ads are generally perceived as partially true and often dismissed as dishonest. Political ads must get results in a short period of time. Campaign costs have become enormous parties and candidates need to raise a lot of money. Financial contributions by corporations have been restricted by law. Political advertising is subject to different rules than ads for commercial products and services. Because “political speech” is widely acknowledged as the core reason behind the free speech as the most valuable (and hence, most protected) form of speech. Political advertising is both advertising and political speech, but since it does not fall within the definition of “commercial speech” it is considered political speech and receives the highest degree of protection under the first Amendment. The use of professional agency for a political campaign in India dates back to the 1980’s when Rajiv Gandhi used one. Political advertising is not wholly unregulated though. It is subject to some minor restraint under the Federal Communications Commission’s Equal Access law and under the Federal Election Act. Also, most states have some laws that apply to political advertising, though most of those restrictions 19


never have been tested for constitutionality and they are largely uninformed. At this point little information specifically dealing with political advertising has been posted on the Internet. Political parties are beginning to see the value of scientific planning and marketing techniques as they go into elections. It is a lethal weapon of manipulating minds, used by political parties and has become aggression in recent years. Political advertising associated with elections to government offices has been the focus of much consumer and voter criticism. It is characterized by advertizing in which one opponent launches a vicious and degrading attack in the ethics and morals or law breaking behavior of the other followed by counter attack by his or her opponent of similar kind. This type of political advertising is often used as a very visible example of bad taste in mass communication and adding further to the general cynicism of voter attitudes towards politicians and government. The problem is that advocates of the negative advertising strategy have shown that in many instances it works. It has been shown that negative advertising can be effective in accomplishing a primary objective, like winning an election, but it can also result undesirable secondary side effects such as increasing cynical attitudes about politics & politicians. Subliminal Advertising The Freudian psychoanalytical model assumes that buying motives are subconscious, in that a respect cannot elucidate them when asked an opinion of a brand or a cake mix that requires the addition of an egg. It subconsciously satisfies the need to contribute to the making process although she consciously believes that the only reason is that a fresh egg adds quality. Subliminal stimulation has become one of the more popular advertising – related topic for students and lay – people. Popularized by Wilson Bryan Key’s book, subliminal seduction (1973) this subject has captured the imagination of people everywhere. The term “subliminal” means “below the line” or below the threshold of consciousness. The idea is that certain things are heard, seen or felt that never reach our conscious thought process and that those things may still be recorded somewhere in our mind and have an impact on our decisions and behavior. The author argues that advertising professionals use this concept to hide images within advertisements and that these images manipulate our behavior without our even realizing we have seen them.

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The term “subliminal perception” is something of misnomer, since perception implies conscious awareness. Psychologists have studied this phenomenon since the late 1800 and originally called it “Subception”. However while this is a real psychological phenomenon all research on this topic indicates that subliminal situation is incapable of affecting our purchasing behavior. There is no evidence that advertisers embed hidden images in advertisements, and there is ample evidence that such efforts would be a waste of time. Deceptive and Unfair Trade Practices Advertising works best when it is aimed at “people who would most likely use the product”. Because of this many unethical attempts are done to place ads in placed they shouldn’t be.

What is deceptive advertising? Deception exists when an advertisement is introduced into the perceptual process of some audience and the output of that perceptual process differs from the reality of the situation and affects buying behavior to the detriment of the consumer. Thus deception will be found if: 

There is misrepresentation, omission or practice that is likely to mislead



The consumer is eating responsibly in the circumstances



The practice is material and consumer injury is possible because consumers are likely to have chosen differently if there was no deception

Sometimes the input or advertisement may not be false, but the perceptual process generates deceptive impression. There are various ways in which misrepresentations or omissions occur: 

Suggesting that a small difference is important. E.g.: a cigarette as that claim its product have less nicotine, attributes to an article that 21


has appeared in a magazine. However the difference is insignificant and meaningless. 

Artificial product demonstration, a monster truck running rough shod over a row of cars and damaging all but the one being advertised for.



Using an ambiguous or easily confused phrase, using phrases like government supported / government approved or low fat.



Implying a benefit that goes not fully or partially exist: vegetarian toothpaste.

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Implying that a product benefit is unique to a brand: health drink that talks of being a complete substitute for a meal.



Incorrectly implying that an endorser uses and advocates the brand, using icons or celebrities to endorse a product that he / she has used and personally benefited.



Omitting a needed qualification: complete disclosure in an ad. There are a wide variety of advertising brands that differ little in substance from competitions. It is common to associate a brand with an attribute of the product class. Should the brand be required to state in its advertisement that all brands are virtually identical in this respect?



Bait and switch offers. This tactic requires placing an ad item at tremendous value. Upon reaching the store, the shoppers find the item is “no longer available” and in order to alleviate their sorrow at missing deal they are directed to a similar item that, while not as good of a bargain (sometimes no bargain at all) closely matches what they came in for. Why is this advertising method illegal? For two reasons: 1. It relies on false information 2. It works way too well

One of the main problems is that often times, these underhanded techniques work all too well. They are based on deception misdirection and other highly refined but sharply unethical techniques. In many ways and especially on the internet, the porn industry has its share of unethical advertising. 

Identifying the advertising: This is related to advertorials / infomercials where it should be mentioned that it is an advertisement. Disclosure / caution line should be clearly identifiable. 22

Legal Environment and Advertising Ethics Prof. Anita Mandrekar 

Intellectual property: Using research studies or data to push your product without giving due credit to the research organization that has spent considerable time and money to bring out the results.



False testimonials: These are tools that are used to increase attention, particularly with radio and print. Sometimes very effective as a form of advertising, they are not always done well. The intention behind real-person endorsements is to depict a simulation of word-ofmouth advertising. They may show an expert e.g. doctor in white coat technique. But more often they present ‘typical people’ who appear to be just like us. This is the satisfied customer technique. The process of empathy and identification indicates that the more like us ‘satisfied customer’ appear to be the more effective their testimonials. Consequently, in many countries, testimonials are used by companies marketing to specialist occupational groups like farmers, plumbers, builders, etc.

Who is deceived? The reasonable consumer? For an advertisement to be deceptive, it must contain a material untruth. That is one capable of affecting purchase decisions. It is also likely that advertisements can cause public injury, where public injury means that a consumer must actually suffer damage and it must show that goods purchased are unequal to the value expended.

What is the acceptable level of misperception? What percent of an audience needs to be misleading for deception to occur? The standard will depend on the context. If health and safety are involved, it should be very low or zero. If the danger is in buying the wrong soap or toothpaste is modest, higher level can be tolerated. Misrepresentation and Omission There are various ways in which misrepresentation or omission occurs: a) Suggesting that small different is important. b) Artificial product demonstrate extraordinary feat performed by the model – “Cheetah Bhi Peeta Hai”. E.g.: Mountain Dew – Darr Ke Aage Jeet Hai. c) Using ambiguous phrases easily confuses the mind – “Supported by the Government, recognized by Dental Association” E.g.: Colgate. d) Implying benefits that do not fully or partly exist – Vegetarian Tooth paste. 23


e) Implying that the product benefit is unique to the brand – Health drink substitute for meal. E.g.: Colgate Salt, Cloud 9. f) Incorrectly implying that the endorser used and advocates the brand

– using icons. g) Omitting a needed qualification – complete disclosure of fact and substance. h) Bait and Switch offers – “no longer available from tomorrow”, “last day today” e.g.: Vijay Sales. i) Intellectual property – using falsely research items. j) False Testimonials – These are tools that are used to increase attention, particularly with radio, television and print. Sometime very effective form of advertising, they are not always done well. The intention behind real person endorsement is to depict a simulation of word of mouth advertising. They may show typical people “white coat doctor”, a typical characteristic representation associated with some emotional appeal like “parents don’t lie”. The process is empathy and identification indicates more like us “satisfied customers” appear to be the more effective testimonials.

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Self Regulation in Advertisings Don’ts 1. Individual media & media groups should preferably establish their own codes of ethics. 2. Do not possess, sell, let to hire or otherwise promote circulation of any harmful publication in any part of India. (Young person – Harmful Publication, Act 1955.) 3. No price competition for prize exceeding Rs. 1000 a month should be

held without a license. And no newspaper or other publications should publish advertisements in violation of the above prohibitions. (Prize Competition 7 Act, 1955). 4. Advertisement – textual, pictorial, graphical or otherwise – should not generate hatred, contempt or disaffection towards Government or between different classes of citizens in India. 5. Do not use in advertisement the name, emblem or official seal of the United Nation & some of its specialized agencies & also the India or a state Supreme Court, High Court & some official organs, Rashtrapati Bhavan, Raj Bhavan, some luminaries like Shivaji Maharaj, Mahatma Gandhi & some internationally acclaimed human service organization like St. John Ambulance Association & the Tuberculosis Association of India. Also not use any name that may suggest official patronage for the product etc. advertised. (Emblems & Names – prevention of Improper Use – Act 1950). 6. Avoid unauthorized use in your advertisements another person’s organizations trade mark. This may attract civil & criminal liabilities. Also do not advertise your goods, etc. with false trade description which is an offence punishable under law. (Trade & Merchandise Marks Act 1958). 7. Advertisement in any form must not be used for use of drugs for

effecting miscarriage or prevention of conception in women or maintaining a man’s capacity for sexual pleasure or correcting menstrual disorders or treatment of venereal disease, etc.

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8. Similarly false or misleading advertisements for efficacy of drugs or magic remedies of certain diseases should be avoided. (Drugs & Magic Remedies – Objectionable Advertisements – Act 1954). 9. Advertisements to get protection under Copyright Act, 1957 must be original. 10. Do not publish or cause to be published or take part in publication of

any advertisements representing a woman indecently. (Indecent Representation of women (Prohibition) Act, 1950). 11. Do not claim orally through advertisement or by way of a product label a product to be of a quality which it does not rally possess. 12. Do not print, possess or advertise for sale or distribution of any ticket, coupon or other document for use in prize chit or money circulating scheme or otherwise take part in any such advertisement or prize chit or Act. 13. Advertisers are advised not to use in their advertisements for drugs or cosmetics any report of a test or analysis made by a government analyst / agency or any extract from such a report. 14. Publicity, propaganda in various ways in connection with an election

is prohibited within 48 hours of an election. 15. Do not publish or otherwise display objectionable & unethical advertisements encouraging self-medication & self-treatment. 16. Do not put advertisement directly or indirectly interfering with the properly of another such as wrongful pasting of bills upon someone else’s well or erecting a hoarding in front of someone’s wall. 17. An advertisement must not obstruct a place to which the public have a right to access not should a dangerous structure be near a highway. 18. Do not publish advertisements with obscene pictures meant merely to make money by titillating the sex feeling of adolescents and adults among whom the newspaper circulates or which constitute unwholesome exploitation of sex for money. 19. Advertisements should not hurt the religious feeling of any community by inappropriate use of the name of photograph / pictorial presentation of gods or goddesses in promoting commercial products.

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20. Advertisements must not even tend to malign or hurt the religious sentiments of any community or section of society. 21. Act.

Advertisements must not contravene provisions of any relevant

22. Do not publish unauthorized or unpaid dummy advertisements which are against journalistic ethics. (Press Council of India’s Advertisement Code). 23. Since success of advertising depends on public confidence, no practice should be permitted which tends to impair this confidence. 24. No advertisement should have the effect of impairing the confidence of the public on the product or its manufacturers for the success of the advertisement depends upon public confidence (ASCI Code). 25. Advertisements shall not distort facts nor mislead the consumer by means of implications or omissions either by statements or visual presentations. (ASCI Code). 26. Obvious untruths or exaggerations to amuse or attract customers are permissible only if these are not to be misunderstood as genuine qualities of a product (ASCI Code). 27. Advertisement should contain nothing indecent vulgar or repulsive which is likely to cause grave or widespread offence (ASCI Code). 28. Do not make indiscriminate use of advertising in situation or of the promotion of products which are regarded as hazardous or harmful to society or to individuals particularly minors to a degree or of a type which is unacceptable to society at large (ASCI Code).

Do’s 1. Self regulation by the advertising industry is better than state control. 2. Advertising trade association should be mainly concerned with maintaining high standards. 3. Radio & Television should co-operate closely to avoid permitting advertising that might cause unfavorable social reactions.

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Legal Environment and Advertising Ethics Prof. Anita Mandrekar 4. Newspapers while publishing advertisement should publish the tariff

charged for each advertisement to ensure that no unusual fee over & above the normal market rate is charged, which may have other undesirable implication. (Press Council of India’s Advertisement Code). 5. Newspaper should ensure that an advertisement is published in issues of an edition or edition contracted for. Deliberate omission constitutes gross professional misconduct. (Press Council’s of India’s Advertisement Code). 6. There should always be proper communication, vigilance & understanding between the advertisement department & the editorial department to avoid acceptance or publication of an undesirable advertisement. (Press Council of India’s Advertisement Code). 7. Editors should assert their right to accept or reject advertisements, particularly those which border on or cross the line between decency & obscenity. (Press Council of India’s Advertisement Code). 8. Editors should own full responsibilities for advertisements & editorial matters published in his newspapers, unless such responsibilities are clearly disclaimed in advance in respect of any such published material. (Press Council of India’s Advertisement Code). 9. Advertisement must be truthful in description, claims & comparisons, & these should be capable of substantiation on demand. (ASCI Code). 10. Observe fairness in competition so that the consumers need to be informed on choice in the market-place & the canons generally accepted competitive behavior in business are both served. 11. Abide by the Doordarshan (Indian TV) & AIR (All India Radio) advertising codes (Appendices 1 & 2) & for this purpose familiarize yourself with the legislations affecting advertising in India. Particularly the following Acts & the Rules framed under them: 

Drugs & Cosmetics Act 1940

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Drugs Control Act 1950

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Drugs & Magical Remedies Act 1954



The Copyright Act 1957

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Trade & Merchandise Marks Act 1958

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Legal Environment and Advertising Ethics Prof. Anita Mandrekar 

Pharmacy Act 1948

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Prize Competition Act 1955

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Emblems & Names (Prevention of Improper Use) Act 1950

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Consumer Protection Act 1986

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Indecent Representation of Women (prohibition) Act 1986

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Code of Ethics for advertising in India issued by the Advertising Standards Council of India.



Codes of standards in relation to the advertising of medicines & treatments (as given in annex of the Doordarshan Code)



Standards of practices for advertising agencies.

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The Advertising Standards Council of India Advertising Standards Council of India is a self regulatory voluntary organization of the advertising industry. The Role and Functioning of the ASCI and its Consumer Complaint Council (CCC) in dealing with Complaints received from Consumers and Industry, against Advertisements which are considered as false, misleading, indecent, illegal, leading to unsafe practices, or unfair to competition, and consequently in contravention of the ASCI Code for Self Regulation in Advertising. The Advertising Standards Council of India (1985) has adopted a Code for Self Regulation in Advertising. It is a commitment to honest advertising and to fair competition in the market place. It stands for the protection of the legitimate interests of consumers and all concerned with advertising – advertisers, media, advertising agencies and others who help in the creation or placement of advertising. As the Code becomes increasingly accepted and observed proactively, three things will begin to happen. 1. Fewer false, misleading claims 2. Fewer unfair advertisements 3. Increasing respectability In India, as in several advanced economics, there is only ONE BODY for Self Regulation in Advertising – the ASCI, which is concerned with safeguarding the interests of consumers whilst monitoring / guiding the commercial communications of Practitioners in Advertising on behalf of advertisers, for advertisements carried by the Media, in their endeavors to influence buying decisions of the Consuming Public. ASCI’s Mission ASCI has one important goal: to maintain and enhance the public’s confidence in advertising. ASCI seeks to ensure that advertisements

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conform to its Code for Self Regulation which requires advertisements to be: 1. Truthful and fair to consumers and competitors 2. Within the bounds of generally accepted standards of public decency and propriety 3. Not used indiscriminately for the promotion of products, hazardous or harmful to society or to individuals particularly minors, to a degree unacceptable to society at large ASCI propagates its CODE and a sense of responsibility for its observance amongst advertisers, advertising agencies and other connected with the creation of advertising. ASCI encourages the public to COMPLAIN (*) against advertisements with which they may be unhappy for any reason and ensures that each complaint receives a prompt and objective consideration by an impartial committee (CCC) which takes into account the view point of the advertise, and an appropriate decision is communicated to all concerned. ASCI endeavors to achieve compliance with its decisions through reasoned persuasion and the power of public opinion. If an AD is to be reviewed for its likely impact on the sensibilities of individual viewers of TV, or readers of press publications, the Advertisers concerned is informed of substantial issues raised in the complaint, in the exact context of the specific advertisement, as conveyed by the perception of the complainant, and to elicit the appropriate response by way of comments from the Advertiser. Only then will the Consumer Complaints Council (CCC) of the ASCI be in a position to deliberate meaningfully on the issues involved and to arrive at a fair and objective conclusion, which would stand the scrutiny of all concerned with the right to freedom of expression, and the freedom of consumers to choose the products / services made available to them in the market-place. A clearly readable copy or clipping of the Ad under complaint, with full particulars of name and date of publication, or a printout of an Ad or promotion on a Website or in case of a TV commercial, the channel, date and time or programme of airing, and a description of the contents of the TVC, along with a hard copy of the complete complaint preferably signed by the complaint. The identity of the complaint to the Advertiser is not disclosed. The Code of Advertising Practices 31


To ensure the truthfulness and honesty of representations and claims made: 1. Advertisements must be truthful. 2. Where advertising claims are expressly stated to be based on or supported by independent research or assessment, the source and date of this should be indicated in the advertisement. 3. Advertisements should not contain any reference to any person, without due permission. 4. Advertisements shall not distort facts nor mislead the consumer by means of implications or omissions. 5. To ensure that advertisements are not offensive to generally accepted standards of Public Decency. 6. To safeguard against the indiscriminate use of Advertising products hazardous to society 7. No advertisement shall be permitted which: a) Tends to incite people to crime or to promote disorder and violence or intolerance b) Derides any race, caste, colour, creed or nationality 8. Advertisements addressed to children shall not contain anything, whether in illustrations or otherwise, which might result in their physical, mental or moral harm or which exploits their vulnerability. 9. Ads should not show children climbing or reaching dangerously to reach products or for any other purpose. 10. Advertisements should contain nothing which is in breach of the law, or omit anything which the law requires.

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Advertising Agencies Associations of India The Advertising Agencies Association of India (AAAI) is the official, national organization of advertising agencies, formed to promote their interests so that they continue to make an essential and ever-increasing contribution to the nation, by working towards the following objectives: •

•

To benefit Indian consumers and to protect their interests by helping ensure that advertising is honest and in good taste.

To benefit Indian advertisers by promoting their sales, increasing their sales and increasing productivity and profitability, to stimulate business and industrial activity.

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•

•

•

•

•

•

•

To benefit media by establishing sound business practices between advertisers and advertising agencies and each of the various media owners.

To benefit the nation by harnessing advertising for the good of the country, its institutions, its citizens; to co-operate with the Government in promoting its social objectives and in the task of nation-building.

To question advertising that is wasteful and extravagant.

To improve the image of the advertising industry and to focus on its role in economic development and employment through campaigns, seminars, press relations and direct contact with Government ministries.

To protect members’ interests n issues related to Guidelines and Rules of Commercial Broadcast, Sponsorship, Rates, Commission and Accreditation; working towards full service operations at all TV Channels / Doordarshan Kendras and Radio Channels; setting up an independent monitoring body for commercials.

To protect members’ interest in matters relating to INS policies, credit periods, Rules for Accreditation and streamlined operations, promotions of better production values and effective advertising purchases.

To improve the quality of professional relationships between Agencies and Clients through seminars, the AAAI Handbook and the evolution of uniform guidelines, codes and norms.

To help settle disputes through evolution of guidelines, procedures and uniform practices; mediating between agency-client, agencyagency and agency-media to ensure quick resolution of disputes. 34


•

•

•

•

To constantly examine all relevant laws and statutes affecting the advertising industry including ESIS, Sales Tax, other taxes, Arbitration, MRTP guidelines; seeking professional advice and presenting a common viewpoint at relevant forums to protect members interests; pursuing new avenues like Credit Insurance cover, etc.

To organize seminars and workshops on effective advertising skills in creative copywriting, print and production, client servicing, television production, media operations, media planning, advertising as a career, etc; maintaining a fully stocked reference library with a reprint service for members.

To constantly communicate members through circulars and correspondence; periodic publication of an updated membership directory, regular regional meetings for members and their employees.

To offer the services of the Association and members in significant projects, e.g.: for Family Planning, the National Wastelands Development Board, Gujarat Earthquake relief, etc; encouraging the creation of such advertising by members. There are innumerable instances of successful AAAI activities, with benefits to the entire advertising industry and all others associated with it.

Advertising Agencies Associations of India Code of Standards Rules of Advertising Ethics

Rules of Conduct Vis-à-vis the Customer •

•

Advertising should be so designed as to conform not only to the laws but also to the moral and aesthetic sentiments of the country in which it is published.

No advertisement likely to bring advertising into contempt or disrepute should be permitted. Advertising should not take advantage of the superstition or credulity of the general public. 35


•

•

•

•

Advertising should tell the truth and avoid distorting facts and misleading by means of implications and omissions.

No advertising should be permitted to contain any claim so exaggerated as to lead inevitably to disappointment in the mind of the consumer. Rules of Ethics between Advertisers Rules or Conduct.

Methods of advertising designed to create confusion in the mind of the consumer as between goods are unfair and should be renounced.

The imitation of the trademark or name of the competitor, or the packaging or labeling of goods, or the limitations of advertising devices, copy, layouts or slogans, should be disallowed.

Advertising should endeavor to gain the goodwill of the public on the basis of the merits of the goods or services advertised. Direct comparison with competing goods or firms should be avoided and disparaging reference in no circumstances permitted.

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AGMARK The sale of produce in a primary market takes place on the basis of the visual inspection of the goods, and in the secondary and terminal markets on the inspection of the samples. The buyer and the seller decide upon the terms either orally or through written contracts. The contract terms specify the quality and quantity of the produce, the time and place of delivery, the price and terms of payment, handling and incidental charges, the procedure for settlement of disputes and penalties. The terms of contract were not standardized and thus varied for every individual transaction, and were more favorable to the buyer. With a view to improving trade practices, All India standard contract terms have been drawn up for a number of commodities. In standard contract terms the definition of quality and allowances in respect of refraction, damaged goods have been specifically standardized. These standard contract terms by traders is voluntary they have to large extent strengthened the position of the producer-seller and have improved the quality of the product marketed. Standardization and Grading In order to gain the confidence and establish a rational relationship between the quality of a produce and its price, it is necessary to devote some attention to the proper preparation, sitting and sorting of a material. This is achieved by grading the produce in conformity with certain accepted quality standards via shape, size, form, weight and other physical and technical characteristics. The produce brought to the market is very often contaminated with dust, stones and other foreign matter added either deliberately or by accident. Such a produce brings a lower price to the farmers. Care should be exercised while assembling the produce of

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different farms so that the good material is not mixed the inferior material brought in by some farmers. The Government of India had recognized the need to introduce the standardization of agricultural produce. The act empowers the central government to prescribe grade standards indicating the quality of articles included in the schedule and specify grade designation marks to represent particular grades or qualities. The act provides for the grading and marketing of agricultural produce. The grade standards prescribed under this act are based on both physical and chemical characteristics and are formulated after analyzing representative samples of each commodity collected from different regions and different seasons. Besides the international standards and special requirements of overseas consumers are also taken into account while formulating these standards for the commodities which are exported. The grade standards are reviewed and amended from time to time in the light of the shift of the pattern of production and trade and changes in the consumers’ preferences. The grades are designated as the “AGMARK” grades.

Grading at Farmer’s Level The grading of agricultural commodities under “AGMARK” has been consumer oriented. Generally the grading was done at the level of the traders. At this stage the producer was not a direct beneficiary of the grading scheme. It was felt the need to introduce grading at the produces level. Thus the directorate of marketing and inspection introduced a scheme for setting up commercial grading units. Grading a fruits and vegetable products With a view to exercising quality control over fruits and vegetables the government promulgated the fruits product order under the essential commodities Act. The preservatives and colors to be used are also clearly laid down.

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Consumer Guidance Society of India (CGSI) The Consumer Guidance Society of India (CGSI) was formed to fight consumer exploitation of all forms. The consumers have often been given substandard products & services, adulterated foods, short weights & measures, spurious drugs, exorbitant prices & many other outrageous crimes. The CGSI has many achievements: 1. It is the earliest consumers’ organization founded in 1966. 2. CGSI was the first to demand a Consumer Protection Act. 3. 70% of the complaints have been redressed. 4. CGSI established a formal Product Testing in India in 1977. 5. “Keemat” was the first magazine published by CGSI imparting important information to consumer. 6. CGSI promotes consumer education, undertakes training project in rural areas & represents consumer interests with government & other bodies. 39


7. CGSI received the National Award for Consumer Protection in 1991. 8. CGSI is the only Indian consumer organization to be council member of consumer International for 25 years. 9. CGSI is a member of the Master State Consumer Protection Council. 10. CGSI participates in large number of technical Committees & government decision making bodies. In 1975 CGSI pressed for a Consumer Protection Act & Consumer Court. The CGSI deals with consumer complaints & gives guidance to those who wish to go to the consumer court. The CGSI also brings both parties together to resolve issues. It has covered many issues relating to medical malpractice & negligence, insurance non-payment, substandard drugs, defective household appliances, etc. Due to the efforts of CGSI, ISI certification for pressure stove became mandatory. CGSI has managed to have consumer education introduced in schools at the 9th standard & being covered progressively from 4th standard. The subjects taught are Consumer Movement, Right & Responsibilities of Consumers Food Adulteration, Weights & Measures, the Environment, etc. CGSI have standard a rural project in villages in Thana & Raigad districts in 1997. CGSI launched the Pedestrian wing in June 1999. The activities include regular & continuous interaction with Traffic Police, Transport Commissioner & RTO at all levels for redressal of grievances of pedestrians & improvement in facilities. The pedestrian wing works closely with likeminded NGO’s & other is in contact with the Pedestrian Association of UK. CGSI was the first consumer organization to demand special consumer guidance for redressal of consumer complaints. The delegation of five consumer organization from different parts of India pressed for a comprehensive Consumer Protection Act, Special consumer court & directorate of the Act. CGSI handles consumer complaints & offers legal advice. If there are a number of complaints against a particular party both are brought together to resolve the issue. The CGSI complaints committee meets twice a week 70% success in forward complaints were medical surgical malpractice & negligence, insurance, non-payment, sub-standard drugs, medicines, home remedies, defective household appliances, poor quality, food & drink, misleading advertising claims, etc. 40


CGSI education committee has been working to introduce consumer education in school. The Maharashtra Education board has now introduced consume education at the 9th standard. They are taught consumer movement, food adulteration, weights & measure, environment, etc. CGSI have also started rural projects. CGSI is the first NGO to start a forum for the pedestrian. How to complain: •

Be sure the complaint is sound.

•

Present it politely.

•

Preserve cash memos & warranty card.

•

First approach the retailer. He may have a valid explanation.

•

•

•

•

•

If he is unresponsive write to the manufacturer quoting No & date of warranty card. Retain all originals keep copies of your letter. In case of suspected food & drug adulteration write to the State health authorities retain samples where possible. If CGSI products perform pearly write to the respective agencies. If there is no response write to the consumer guidance society of India.

Central Consumer Protection Councils 1. The central council consists of: •

The chairperson who is the minister in charge of the consumers’ affairs in the central Government. 41


Other official interest.

&

non-official

members representing

such

2. They meet as and when necessary. At least one meeting has to be held every year. 3. The chairperson decides where the meeting could be held. 4. The objective of the central council is to promote & protect the consumers. •

•

•

•

•

•

To stop marketing of goods hazardous to like property. To be informed about the quality, quantity, potency, purity, standard & price of goods. The right to be assured and have access to a variety of goods at competitive prices. The right to be heard & be assured that consumers interest will receive due consideration. The right to seek redressal against unfair trade practices or exploitation. The right to consumer education.

The State Consumer Protection Council Same as Central Consumer Protection Disputes redressal, agencies also known as District forums are set up by the state government. Consumer Forum – Consumer Disputes redressal agencies also known as District forums are set up by the state government in each district. There may be more than one area district council in a district if the government thinks it is necessary. The central government can set up national consumer redressal commission. Each District forum consists of: 1. The president will be a person who has the qualifications to be a district judge. 2. Two other members are persons of ability, integrity and standing with adequate knowledge or experience or capacity to deal with problem relating to economics, low, consumer accountancy industry, public affairs’ administration, one will be a woman member.

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3. Every appointment will be made by the state government on the recommendation of a select committee consulting of – a) President of the state commission b) Secretary, Law department of the state c) Secretary in-charge of the department dealing with consumers affairs Every member will hold office for a test of five years or up to the age of 65 years. They cannot be reappointed. The salary or honorarium, other terms & conditions as may be prescreened by the state government. They can entertain complaints where the value does not exceed Rs. 5 lakhs. The complaint will be within the local limits with the opposite party resides or carries on business with the permission of the district forum. The commission has the power to award compensation not only for loss or damage but also for injustice, harassment & agony suffered by consumers. A complaint has to be filed by: 

The consumer to whom such goods are sold.



Any recognized consumer association even if the consumer is not a member of the said association.



Group of consumers.

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Central or state government.

Procedure on the receipt of complaint •

•

•

•

A copy of complaint is sent to the opposite party asking him to give his version of the case within 30 days. The opposition can proceed to settle the consumers’ dispute in a manner specified. If a test or analysis of the product is to be made, the sample is taken from the consumers, & sent for the necessary lest. The reports of these tests are then sent to the district forum within 55 days. An extended period may be granted if necessary. The complainant has to deposit such fees as may be specified to the laboratory to carry out the analysis. The report will be given to the district forum who will send it to the opposite party with appropriate remarks. 43


If the opposite party objects to the method of testing or the correctness of the finding, the opponent has to submit in writing the objection.

Grahak Panchayat Grahak Panchayat or Consumer Forum is a social organization registered under Co-operative Societies Act. In 1974 there was a shortage of goods for daily use and other essential commodities. A group of young people stared the movement with 25 families in one group. 500 such groups were formed. Goods were purchased from manufacturers at wholesale prices and the leader of the group distributed it to the families. As a follow-up of this the Grahak Panchayat was formed in 1986. The objectives of the Grahak Panchayat are: 

To educate people about consumer rights.



To build consumer organization to get justice.

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To solve consumer problems.

It was made up of retired people from different fields with plenty of knowledge and experience. There is no membership to this organization. Anyone is free to join voluntarily. It tries to solve problem amicably and use the Grahak court as the last resort. The Grahak Panchayat has spread all over the country including Andaman. Counseling centers are opened in many areas in a city to give free advice to consumers. 44


It has a lot of literature on the consumer movement and instructions to consumer on what they can do if they have been cheated. One of their booklets in four editions gives information on government departments, what their functions are and also how complaints can be filed. It says what precautionary measures should be taken and what one can do after being cheated.

Council for Fair Business Practices (CFBP) On October 2, 1966, the Late Mr. J R D Tata, the Late Mr. Ramakrishna Bajaj, Mr. Arvind Mafatlal and Mr. F. T. Khorakiwala, inspired by Mahatma Gandhi’s message came together and formulated a Code of Conduct for Businessmen. Out of this desire to build bridges of understanding between manufacturers and consumer, the Fair Trade Practices Association was born and later renamed as Council for Fair Business Practices (CFBP). It represented the coming together of a section of like-minded businessmen who felt the need to safeguard consumer interests in an organized manner through a forum of Self Regulation and thereby help elevate the public image of business. Today this organization is the only of its kind in India and has as its member in some of the Country’s leading business houses and Trade Associations. Since its inception the Council has been propagating the code of Fair Business Practices which codifies the norms of business activities that ensure justice and a fair deal to the consumer. CFBP was set up because doubts arise sometimes in the mind of the consumer about the business community due to some elements whose 45


dealing with the consumer has not been devoid of unfair trade practices. There is a great need for better communication, understanding and rapport between the Consumer and Business. CFBP tries to bridge this gap. It insists on not only prescribing the code, but exhorts its members to steadfastly follow the code of fair business practices. Though the council is a body of Businessmen, its main objective is to protect the consumer’s interest. The council has remained committed to the philosophy of self – regulation and has brought about awareness that the consumer’s right must be safeguarded and protected which will ultimately promote better business. The image of the business community needs to be improved to gain greater goodwill with the consumer. A satisfied consumer is the best insurance for a businessman. A customer would prefer to deal with a member of CFBP rather than with someone outside the discipline of CFBP.

Bureau of Indian Standards (BIS) The Bureau of Indian Standards, the National Standards Body of India is statutory body set up Bureau of India Standards Act, 1986. The Bureau is a body corporate and responsible for laying down guidelines for BIS, it comprises members representing the industry, Consumer Organizations, Science Research Institutes and Professional Bodies, Technical Institutions, Central ministries, state government members of parliament. So far over 17,000 standards have been formulated in different technology areas. Product Certification The product certification scheme is basically voluntary in nature and aims at quality, safety and dependability to the ultimate customer. Conformity is ensured by regular surveillance of the performance by surprise inspections and testing of samples.

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Quality Management Systems Certification (ISO 9000) BIS is a national agency authorized to operate systems certification in India. It has adopted ISO 9000 series of standards based in international criteria comparable to any other such systems being operated. EMS Certification With the growing concern for environment friendly industrial activity, ISO 14000 standards have been developed. BIS after adoption of these standards as national standards, has launched EMS (Environment Management System) Certification. HACCP Certification BIS launched HACCP (Hazard Analysis Critical Control Points) based quality certification scheme as per the requirements of ISO 15000. Hallmarking of Gold Jewelry In order protect consumers against victimization of irregular Hallmarking of gold jewelry was launched under BIS Act 1986.

gold

The bureau has a chain of laboratories located in different parts of the country for conformity testing of products and samples offered by applicants for grant of license. Modernization of BIS Laboratories has also been taken up. BIS has formulated a plan which emphasizes on: •

•

•

•

Development of complementary level of standardization, namely, company standardization and association standardization. Effective implementation of standards through sectoral committees, such as steel, food, textiles, information technology. Automobiles and power. State level committees on standardization and quality system to ensure better implementations on standards.

•

Use of India Standards in Legislation.

•

Greater interaction with public and private sector undertakings.

•

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Bulk public purchased based on standards and standard market products. Use of standards in education systems. 47


Intensified media campaign to create awareness.

BIS as founder member of International Organization for Standardization (ISO), continues to take part in international standardization. BIS has a set up a consumer affected Public Grievances Department at Headquarters, nominated public Grievance Officers at Regional and Branch office deal with consumer complaints against BIS services and ISI marked products. An Enforcement Department is functioning at Headquarters. Complaints on misuse of Standard Mark are investigated by the Department and appropriate legal action is taken.

PDS (Public Distribution System) Interms India’s PDS supplies subsidized foodgrains and other essential items commodities through a network of ‘ration shops’. There are approximately 4,62,000 Fair Price Shops. About 160 million families purchase commodities from ration shops each year. The PDS is enormous in terms of expenditure, reach and number of agencies involved in its operation.

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State governments issue ration cards to their residents and decide on the quantity consumers are entitled to. Many problems have plagued its operation. PDS suffers from chronic management shortcomings, the extent and timing of procurement, poor forecasting capacity and antiquated logistical system to support storage and delivery functions, inappropriate product mix and cost inefficiencies. Many problems stem from systematic corruption. 3.1% of foodgrains 36% of sugar gets diverted to the Black Market through agents and middlemen. Buyers are made to sign that they have bought 10 kgs when they have bought only 5 kgs. Corruption also plagues the process of issuing ration cards. Today the ration card is used only by people who have no piped gas or cylinder gas. Kerosene is issued only to non users of gas for cooking. The ration card is a very useful identity card whether rations are allowed or not. The Government has revived the long defunct PDS even for APL (Above Poverty Live) ration card holders. Consumers however were disappointed sugar (market price Rs. 35 per kg, ration price Rs. 20). One card was entitled to 2 kgs was ok, but not so with wheat and dal. The market price of tur dal was Rs. 90 kg, the PDS price is Rs. 55 per kg (1 kg per card). But consumers complained it had other grains and chaff mixed in it and took a long time to cook. Wheat was full of stones and insects. The rice supplied could not be cooked and palm oil was used not for cooking but to light diyas. The government claims to have spent 122 crores a month.

Consumer Education and Research Council CERC was set up in 1978 as public charitable trust. It is a non-profit, nongovernmental voluntary organization. It deals with local, regional, national, 49


inter interna natio tiona nall issu issues es relat related ed to cons consum umer er prot protec ectio tion n and and envir environ onme ment nt protection. The The Govern Governme ment nt of India India recogn recognize ized d it as a resear research ch instit institute ute and the government of Gujarat recognized it as a consumer organization. CERC is funded by many national and international agencies. It is managed by a Board of Trustees. CERC is India’s only organization with an independent in-house comparative produc productt testin testing g labora laborator tory y for testin testing, g, evalua evaluatio tion, n, rating rating and rankin ranking g of consu consume merr goods goods.. The test test finding findings s are publis published hed in the organiz organizatio ation’s n’s subs su bscr crip iptio tion n base based d by month onthly ly INGI INGIGH GHT. T. The The test test repo report rts s iden identif tify y the the brands and the manufacturers of the products tested. They declare which brands have conformed to the test parameters under the Indian Standards and which have not. The reports also suggest “Best Buys”. The magazine gives: 1. CERC CERC interactio interaction n with the outsid outside e world. world. 2. Action Action taken taken on consume consumerr grievance grievances. s. 3. An Answe swers rs consum consumer er questio questions. ns. 4. An update update on global global news and news news of consume consumerr protection. protection. 5. Consume Consumerr cases cases dealt with or decided decided.. CERC has involved the Gujarat High Court, Supreme Court of India, MRTP Commission District forums, state and national Commission for redressal of consumer grievances. Other activities are dealt by CERS – Consumer Education and Research Society.

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Consumer Disputes Redressal Forum CDRF is also known as the consumer court. It has a legal backing and enjoys the powers of a civil court in many respects. They can punish the part party y if it does does not not obey bey the the give given n orde orders rs.. It has has 37 sect sectio ions ns in the the consu consume merr quotat quotation ion act of which which only only 3-4 sectio sections ns are applicabl applicable e to a consumer e.g. who is a consumer, the jurisdiction of the particular court, definition goods and service and the deficiency of goods and services. The lowest lowest court court of appeal appeal is the Distri District ct Forum Forum then the state state commi commissio ssion n followed by the National Commission. Commission. At the top is the Supreme Court. •

•

•

•

•

The District Forum judge is the Forums president and is a retired district judge. The state commission judge is a retired court judge and the one at the National Commission is a retired Supreme Court Judge. The District Forum handles disputes of monetary value up to Rs. 5 lakhs. The state commission handles cases with a monetary value above 5 lakhs and below 20 lakhs. The National Commission handles cases above Rs. 20 lakhs.

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Vance Packard Vance Packard was born in Pennsylvania in 1914 and graduated from the Pennsylvanian university. He worked as a columnist for the newspapers and associated Press. He later became an editor and writer at “American Magazine”. He wrote a number number of books books on social social iss issues ues like ‘The ‘The Naked Naked Societ Society’, y’, ‘The ‘The Waste Waste Makers’, ‘People Shapers’, ad ‘Hidden Persuaders’ which was his first book. won the the Natio Nationa nall Book Book Awar Award. d. Vanc Vance e Pack Packar ard d also also Hidden Hidden Persuader Persuaders s won taught creative writing at Columbia and New York University. In Hidden Hidden Persu Persuade aders rs he tries tries to show show how advertis advertisers ers use motiva motivatio tion n research to find out the consumers hidden urges. He writes how advertisers use this data to sell products and services. Consumers The consumers are unpredictable, what consumers sat they want does not refle reflect ct on what what they they actu actuall ally y do when when buyi buying ng a prod produc uct. t. One One cann cannot ot assume that people know what they want. One cannot assume that people tell you the truth about their wants and dislikes even if they know them. Vance Packard writes that it is dangerous to assume that people can be trusted to behave in a rational way. People don’t act reasonably but they do act with purpose. The Rise of Motivation Research Vanc Vance e Pack Packar ard d expl explor ores es the the larg large e sc scale ale us use e of ps psyc ychi hiat atry ry and and soci social al sciences to channel the consumers thinking and purchase decision. The appeals used a “Hidden”. This in-depth approach is used to affect the consumers’ daily acts of consumption. More than two – thirds of advertising is base based d on motiv otivat atio ion n anal analys ysis is.. Moti Motiva vati tion on rese resear arch ch give gives s star starti ting ng explanations for so many of our daily habits, why consumers behave the way they do. The hidden weaknesses of consumers are probed and these are manip manipulat ulated ed to influen influence ce behavio behavior. r. Ad Adver vertise tisers rs see consum consumer er as a bund bundle le of dayd daydre ream ams, s, hidd hidden en year yearni ning ngs, s, guilt guilt com complexe plexes, s, irra irratio tiona nall emot emotio iona nall bloc blocka kage ges. s. Ad Adve vert rtise isers rs are are sy symb mbol ol manipu anipulat lator ors s and and see see 52


consumers as docile in responding to this manipulation of symbols and stir consumers into action. Advertisers are able to manipulate consumer by using psychiatrists and social scientists as consultants and by motivation research. Motivation research seeks to learn what motivates people in making choices. It uses techniques to reach the unconscious or subconscious mind because preferences are determined by factors of which the consumer is not conscious. Housewives buy cosmetics for ‘hope’, consumers buy car for prestige, consumers buy oranges for vitality. The average consumer has more spending money. People have usable durables. Waiting for these to wear out and be obsolete will lead to unsold stocks. Marketing conventions tried to find out how best to stimulate consumers more and more. Ad men began talking of the desirability of creating psychological obsolescence. So ad men created dissatisfaction with the old and outmoded. Again, what is making ad men to use powerful tools of persuasion (Motivation Research) is increased standardization. Brands are all more or less the same. The differences are trivial or nonexistent. This rapid diminishing product difference resulted in more and more penetrating persuasion technique, consumer-catching techniques. Ad Men Become Depth Men Ad men wonder why consumers behave the way they do, why they buy or refuse to buy. So advertisers turned to psychological consultants and tried to understand and explore the deep unconscious and subconscious factors that motivate people. Once the real motivation was diagnosed they would use triggers that were needed evoke the desired response. All of us are creatures of conditioned reflex so the main issue of all persuasion is to develop these conditional reflexes by using trigger words and symbols. Ad men thus began talking about different levels of human consciousness. The first level is the conscious rational level where people know what is going on and are able to tell why. The second level is the preconscious and subconscious where a person may know in a vague way what is going on but would not be willing to tell why. This is the level of prejudices, assumptions, fears and so on. The third level is where we are not only not aware of our feelings and attitudes but we would not discuss them of we could.

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Ad men incr increa easi sing ngly ly bega began n expl explor orin ing g the the poss possib ibil ilit itie ies s of marke arketi ting ng research. Hundreds of social scientists began depth studies for marketers. The most famed of these depth probes was Dr. Ernest Dichter. He claims any product must not only be good must appeal to our feelings deep into the psychological recesses of the mind. Moulder of Images One way of hooking customers was moulding of images i.e. the creation of distinctive, highly appealing personalities for products that were essentially, undistinctive. The aim was to build images that would arise before our ‘Inne ‘Innerr Eye’ Eye’ at the the menti ention on of the the prod produc ucts ts nam name. If peop people le could could not not disc discri rim minat inate e reas reaso onably ably,, the they sh sho ould be help helped ed in disc discrrimin iminat atin ing g unreasonably in some easy, warm, emotional way. To create this illogical loyalty it was necessary to create some differentiation in the mind and some individualization. David Ogilvy’s advertising form devised successful non rational symbol for an obsc obscur ure e of a sh shir irt, t, a moust oustac ache hed d man with ith a blac black k eye eye patc patch, h, a Hathaway shirt. To show how powerful this imagery can be he did not have any copy. All that was shown was a picture of a man, standing by an observatory telescope taking notes. He had a moustache and a black eye patch. The sales of Hathaway soared. Thus the image builders started studying the types of images that would have the strongest appeal to the greatest number of people. The most spectacular successful image building has been done are not just a mere means of conveyance. The car tells who we are and what we think we want to be. Buick suggested this in their ad “It makes you feel like the man you are.” Ad men men thus thus made made a compre comprehen hensiv sive e perso personal nality ity profile profile for each each major major brand. Conflict between Pleasure and Pain Advertisers felt they had to successfully manipulate the consumers’ guilt feelings, fear, and inner tensions. Every time a self indulgent product was advertised ad men needed to lessen the guilt feelings and offer approval. E.g.: many people continue to smoke despite their guilt feelings about the habit; they smoke to relieve tension, to express sociability, as a reward for effort, as a proof of daring and so on. Many enter a room full of people with a cigarette in their fingers as it makes them seem less nervous and more sophisticated. People also smoke to prove they are virile and mature. Young

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peop people le smok smoke e tryi trying ng to be olde olderr and and olde olderr peop people le smok smoke e tryi trying ng to be younger. Hous Housew ewiv ives es rese resent nt appl applian iance ces s as a thre threat at to thei theirr crea creativ tiven enes ess s and and usefulness so ad men emphasize that appliances free the housewives to have more time with the children and to be a better mother. The consumers’ fears and anxieties like their guilt feelings offered many open openin ings gs for for the the adve advert rtis iser ers s to draw draw up su succ cces essf sful ul ad cam campaig paigns ns.. Motivation analysts find ways to bypass the consumers’ fears. Hidden Needs Moti Motiva vati tion on rese resear arch ch give gives s clue clues s to the the adve advert rtis iser er by stud studyi ying ng the the consumers’ subconscious needs, yearnings and cravings. Once the needs were identified the necessary appeals could be built into the advertising campaign. Eight hidden needs were identified: 1. Emotion Emotional al Secu Security rity:: Hom Home free freeze zers rs did did not not make ake sens sense e econ econom omic ical ally ly (the (the cost cost of electr electricit icity, y, the leftove leftovers rs that that are throw thrown n out). out). A motiva motivatio tion n study study revealed that the freezer represented that there is always food in the house and food represents security, warmth and safety. People feel insecure and want food around them. Dr. Dichter advised advertisers to sell gadgets with the security theme.

2. Selling Selling Reassur Reassurance ance of worth: worth: Advertisers show no awareness that women have any other motive for using washing products than to be clean, to protect their hands and to keep objects clean. Ad men should realize that it is necessary to enhance the housewife’s feeling of worth and esteem, a feeling of being important.

3. Sellin Selling g Ego Gratifi Gratificat cation ion:: This is similar to selling reassurance of worth. E.g.: A machine to lift great loads very efficiently but the product did not sell. Depth studies revealed that the ad put all the glory on the machine. The operator was not visible at all. The ad was changed and the new ad showed that the operator was the complete master of the machine. 55


4. Sellin Selling g Creativ Creative e Outlets Outlets:: Gardening is described as a pregnancy activity. Gardening gives older women a chance to keep on growing things after they have passed the the child child grow growin ing g age. age. The The food food mixes ixes arou arouse sed d feel feeling ings s of guilt guilt feelings. Housewives fait that if they used ready to eat food it showed that that they they were were infe inferi rior or hous housew ewiv ives es.. So dept depth h stud studie ies s advi advise sed d manufacturers to leave housewives something to do. Cake mixers then had the housewife add eggs and milk.

5. Sellin Selling g Love Love Obje Objects: cts: When When advert advertisin ising g for a Pianis Pianistt Libera Liberance nce the target target audienc audience e was was women past the child bearing age, a picture of his mom was shown smiling in her rocking chair while her son performs. The wide, trustful child like smile persists on the singer.

6. Sellin Selling g Sense Sense of Power Power:: Consu Consume mers rs show show a fascin fascinatio ation n for produc products ts that that offer offer a person personal al extension of power. E.g.: cars give the owner a renewed sense of power and masculinity, an emotional need. This need for a sense of power particularly in men is very thoroughly exploited by advertisers.

7. Selling a Sense of Roots:

Consumers seek a sense of the good old days ays and homely associations. Campaigns show mother and home themes “Grandma used to make.”

8. Sellin Selling g Immo Immortal rtality: ity: One of the problems in selling insurance to women is how to do it withou withoutt remind reminding ing them them they they are gettin getting g older. older. Life insura insurance nce to males who are bread winners and whose life is to be insured show the comfortable life led by survivors thanks to insurance. The real appeal is to assure the buyer the prospect of immortality in order to control

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his family after death; emotional problems should be stressed rather than comfort of surviving family. Sexual Overtones Sexual images were used as eye stoppers. The depth approach introduced sex subtleties and penetration to deeper levels of consciousness. More subtle and passive sex symbols (fantasy, poetry, etc.) were adopted. Get your man themes were outdated. Women want something more to be accepted and respected by men as partners. Tenderness is introduced in lingerie and hair preparations. Products have fundamental difference of meaning for men and women. E.g.: in buying a home men see homes as symbolic mother, a calm place for refuge, solace and comfort. Women on the other hand see a home as an expression of herself and an extension of her own personality. Labels, rectangular in shape are now rounded to make it more feminine. Manufacturers are changing packaging labels, ad strategies, to come up with reassuring symbols. 1. Motivational Analysis on Food Motivational studies on the hidden meanings on milk, milk products liquids and softer foods revealed that milk, psychically loaded food at the subconscious level is a reward or punishment by the housewife. She conveys affection and warmth is she serves fruit salad, ice-cream or chocolate milk she uses food as a weapon a technique to punish or encourage. According to Dr. Dichter ice-cream symbolizes, to many of us, uninhibited over indulgence. So ice-cream makers should show lavish portions, overflowing, inviting viewers to sink their mouth right into it. Soup is unconsciously associated with man’s deepest need for nourishment and reassurances.

2. Impulse Buying It has been reported that seven out of ten purchases are decided in the store on impulse. Psychologists and advertisers persuade the consumer to buy products they may not need or want till they see the product presented to them. Package designing makes or breaks the impulse sale. A good package design can hypnotize woman.

3. Social Status 57

Legal Environment and Advertising Ethics Prof. Anita Mandrekar Persuasive appeals vary for the various social layers. The motivation forces are social mobility, the aspiration drive, the achievement drive, the translation of economic goods into socially approved symbols. For some items like silver ware, snob appeal is the basic motivation. Consumers however talk about durability, craftsmanship, but actually they want it for prestige and show off value. Manufacturers could sell products as status symbols through the price tag.

4. Hidden Aversions Many of the consumers developed hidden resistance based on seemingly unreasoned prejudice. Motivation research can help bring out the cause of these hidden fears. Vance Packard writes about the negative image of pruners. It conveyed “Direct up and old”, it was associated with a laxative and constipation. After marketing research, prunes were presented as a “new Wonder fruit”. The ad showed a cute figure skater saying, ‘when you feel good, good things happen to you. So start eating prunes today till you have energy to spare.’ Again when first the lung cancer scare started, cigarette manufacturers promoted the use of holder’s to trap tars with their filter. But smokers thought people would laugh at them if they used it and smokers thought it would be too feminine. Dr. Dichter created a new personality for ‘holder’. A rugged sturdy holder was created in masculine brown and blacks. Red, blue and white were for women. Instant coffee was seen as not used by a good housewife. So guests were not offered instant coffee. Later the ad campaigns built emotional overtones and social status into their products. Another ad showed men at a baseball game happily puffing on their hollered cigarettes. The ad showed one man smoking a plain cigarette and another using a holder. The copy read ‘Can you see the difference.’

Advertising and Children Vance Packard characterized children as ‘consumer trainees’. Eager minds could be moulded to want your products. The potency of television in conditioning youngsters to be loyal enthusiasts of a product began in the 1950. Ads aimed at children not only, as future consumers, but as ones who lead their parents into the salesroom. Motivational analysts were called by ad men to provide insights on the most effective way to achieve as assured strong impact with children. Guide posts given 58

Legal Environment and Advertising Ethics Prof. Anita Mandrekar by social research was that a show can appeal to a child without offering the child amusement or pleasure. It will appeal is it helps him express his inner tensions and fantasies in a manageable way, if it offers the child a way to get rid of his fear, anger or befuddlement, the basic pattern of good guys versus bad men. The good guys were all young men and villains were old men who might be ‘symbolic or father figures.’ To children adults are a ruling class against which they cannot successfully revolt.

The Question of Validity Probing and manipulating of consumers is based on the findings of motivation analysts. How valid are their methods? Alfred Politz said depth probing is okay but what is more important is to interpret the findings. Critics feel that motivation research use interviews not trained in scientific methods. The motivation researchers oversell themselves. Other feel that those who attacked motivation research as fake were just as wrong as those who claimed it worked miracles. Motivation research must be approached with care. Critics say: •

It is not correct to assume there is any single or major reason why people buy or not buy. A lot of other factors enter into decision making. Motivation researchers point out that the intensity of our subconscious motivational influences has a clear bearing on the usefulness of a subconscious factor to a manipulator.

•

Motivation research is not the whole answer.

•

It is still not an exact science.

•

Motivation research is still far from an exact science.

•

•

•

Motivation analysts have taken tools from clinical psychiatry and applied them to mass behavior.

Conclusions drawn about mass behavior on the basis of a small sampling of test results is likely to be erroneous.

The results depend too much on the intuitiveness and brilliance of the practitioner. 59


•

•

Projective tests are not subject to statistical proof.

Each research expert can look at the same projective test result and come up with different interpretations.

However believers in motivation research say it is most useful as a starting point. It has an important place at idea-gathering or hypothesis stage. Even if it sparks one good idea it is worth it.

The Question of Morality What does this manipulative attitude do to our society? The users feel if it is good for them, it is good for nation. Some say it does not matter because the public has become so skeptical of advertising appeals that its psyche is not damaged by these manipulative appeals. Also some constructive results have come from explorations into human behavior from motivation research. Those against it ask - where is the morality in making housewives non-rational and impulsive? Where is the morality of playing upon hidden weakness and frailties? Where is the morality of manipulating small children before they are legally responsible? What is the morality of developing an attitude of wastefulness of natural resources? To take to such manipulation shows disrespect for the individual personality. It is conceded however that of we are to have an expanding economy based on mass consumption / production (we cannot deny the need for mass consumption) and for this advertising is obviously essential. A strong defense is available against such persuaders. We can choose not to be persuaded.

Jean Kilbourne Chapter 1 – We are the Product Millions of dollars are spent on advertising. TV & radio programs are simply fillers for the space between commercials. Advertising (especially for tobacco & alcohol) are forever claiming that advertising doesn’t influence anyone & that kids smoke and drink beer because of peer pressure. Jean Kilbourne agrees but she says such pressure is created by advertising. Advertisers believe that “Reach the right bird and the whole flock will 60


follow.” Opinion leaders can influence what their friends eat, drink & wear. Consumers are brain washed, and easily led. Advertisers themselves describe consumers as sitting ducks & direct marketing is like dropping a smart bomb with pinpoint accuracy. Young people are got on the web without any problem. Children are especially vulnerable on the internet, where advertisers manipulate them, involve their privacy & transfer them into customers without their knowledge. Jean Kilbourne writes there are as yet no regulations against targeting children online. Advertisers attract children to websites with games & contests. Some sites offer prizes to lure children into giving up the email addresses of their friends too. Not only are children influencing a lot of spending but are also developing an addiction to consumption. Advertisers spend a great deal on psychological research that will help them target children more effectively. Advertising is increasingly showing up in our schools. There are already market-driven educational materials in our schools. Just as children are sold to the toy and junk food industry, women are sold to the diet industry. Female drinkers are sold to the alcohol industry. Young people are also an important market for alcohol. Jean Kilbourne says that women’s magazines are often ridiculous. In one magazine they said that appliances can suddenly burst into flames & cites an example when this happened & eighty people died. In the same magazine on the back page was an ad on cigarette, a product that kills over four thousand people year in & year out. Also women’s magazine, talks of health cancer, leukemia & how breast cancer can be fought with a positive attitude. In the same magazine is a cigarette ad! Jean Kilbourne writes that our ancestors lived for thousands of years with the young learning ancient hunting methods, oral history, legends around camp fires. Now they wear Nike instead of moccasins & use power ski mobiles instead of dog sleds. This change has been brought about by advertising. Chapter 2 – Advertising is our Environment According to Jean Kilbourne, an average American is exposed to 3000 ads everyday & spends 3 years of one’s life watching YV ads. Today she says, little girls rate super models high because of their perfect features & skins. Films & TV shows also carry hidden commercials. Products, brands are shown casually. Consumers are not aware that a lot of money is paid to these producers to display the brands. These days, she says that kids don’t want to grow up to be athlete, scientists, etc. but want to be highly leveraged brands. Although 61


advertisers say that ads simply reflect society, it is a medium of influence & persuasion & its influence is cumulative. She also claims that advertising is not only our physical environment; it is increasing our spiritual environment as well. E.g.: Jesus is a brand of jeans “See the light” (an ad for wool), “an enlightening experience” & “absolute heaven” (power ad). Alcohol ads are with the bottles surrounded by a halo of light. Advertising co-opts our sacred symbols & sacred language to arouse our immediate emotional response. Advertising & religion share a belief in transformation & transcendence. People believed that we can transform ourselves by hard work & transcend our circumstances. Today we can transform ourselves by all the material goods advertised & achieve transcendence. The focus of transformation has shifted from the soul to the mind. Jean Kilbourne says the influence of advertising goes beyond the target group. The group that cannot afford & thus become envious even kill to get what they can’t buy. Consumers feel that objects will transform their lives & give them social standing & respect. People who buy goods are buying an “Image” most brands are essentially the same but consumer buy because of the image reflected in their advertising. Liquor is not selling liquor but fantasies. A car is not selling convenience of travel but prestige. Thus advertising sells a great deal more than product. It sells values, images, love and success. Jean Kilbourne says advertising corrupts our language. Chapter 3 – The Corruption of Relationship Advertising promotes a corrupt & bankrupt concept of relationship. Most of us yearn for intimate & committed relationship that will last. Advertising ties consumers’ needs with products & promises us that, things will give us that relationship but it never does. Many ads seem to be about advertising between a parent & a child, turn out to be glorifying relationship between the parent & a product e.g.: an ad shows a woman on the telephone & a little girl behind her touching her hair. The headline says “what makes the room cozy.” It is an ad for room freshener. Another ad shows a girl running towards the open arms of a woman. The copy says “open your eyes what is important is right in front of you.” It is an ad for a shoe. Ads have always promised a better relationship via a product. Buy this & you will be loved. Advertisers say that products don’t betray us or abandon us “you can love it without getting your heart broken” proclaims a car ad. Another TV ad shows a man snoring in bed. The woman beside him tosses

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& turns & hugs a pillow. A female voice says “put some excitement back into your life.” What the woman longs for is new sheets. Chapter 4 – Crazy for Cars Ads encourage us to think of cars as family members. A Mazda ad says “It’s not a family car, it’s a family.” In ad after ad we are told that buying a car in like falling in love & getting married. E.g.: A Lexus ad says “we don’t sell cars. We merely facilitate love conditions.” Mercedes Benz says “buying a car like getting married. It’s a good idea to get to know the family first.” Vance Packard tells us that cars are often men’s horses. Car ads are funny silly, exciting, clever & seemingly insignificant. However they have a cumulative direction & impact. The car in an ad has gone from being a symbol of power to the actual source of power (the engine that pumps the value in our hearts from a symbol of sex to an actual lover). Chapter 5 – Falling in Love with Food While men are encouraged to fall in love with their cars, women are invited to fall in love & romance with the food, its gathering & serving. Food has been advertised as a way for women both to demonstrate love & insure its reward. E.g.: warms your heart “like a hug that lasts all day.” Advertisers offer food as a way to relate romantically & sexually. E.g.: an ad shows a close up of a woman’s face smiling very seductively “whatever you are giving him tonight he will enjoy it more with rice.” An ad says “looking for a light, cheesy relationship?” (Ad for macaroni & cheese). While someone connects passionately with a product human relationship is trivialized & ignored. Just as alcohol ads teach us that drinking leads to good times, great sex, athletic success so do food ads associate eating & over eating with only good thing. The negative consequences are not mentored. Always in the world of advertising the solution to a problem is a product. Food that is heavily advertised is seldom nourishing. Food can nourish us & bring us joy; it cannot love us, it cannot fill us up emotionally. When people use food as a warp to numb painful feeling to cope with a sense of inner emptiness & a substitute for human relationships. Many end up with eating problems that can destroy them. Chapter 6 – Cutting Girls to Size We are more vulnerable to the seductive power of advertising & addiction at adolescence. At this time they are developing their self concepts, learning values & roles. Advertisers do not hesitate to take advantage of insecurities & anxieties of young people offering solutions. A cigarette 63


provides a symbol of independence. A pair of jeans or sneakers conveys status. Even girls who are raised in loving homes with supportive parents grow up in a toxic cultural environment at risk for self mutilation, eating disorders & additions reinforced by advertising. Girls of all ages get the message that they must be flawlessly beautiful & then. The more you subtract the more you add says an ad for clothing. The search for independence can be a problem if it leads to a denial of interpersonal relationship. Boys are generally shown in ads as active while girls are often presented as blank & fragile. Young boys & girls are surrounded by messages urging them to sexually active. You can learn more about anatomy after school says an ad on jeans. Chapter 7 – Alcohol & Rebellion Jean Kilbourne states that the number one drink in America is beer because beer is the drug of choice for young people. She feels children are at a greatest risk from alcohol than these other drugs. She adds that alcohol is the leader killer of young people in America (age 15 – 25) car crash, homicide and suicide. Alcohol is linked with half of the violent crimes, domestic violence rape & child abuse and addiction. Advertisers aim alcohol ads at kids because they want to have positive associations with specific brands long before they start to drink. So ad man broadcast ads on TV during youth viewing hours. The alcohol ads are also released for young people via magazines with almost half the readers under twenty-one. The alcohol industry has also developed several new products designed by young people – mixed alcohol with ice-cream, milk, jell, popsicles. Adolescent females are significantly more at risk for becoming dependent on alcohol than women in older age group. This makes them target for alcohol advertisers. Advertisers want to appeal to idealized images especially when the people are young, as courageous rebels and free spirits. The promise that alcohol will liberate our wild selves is especially seductive for women. Through advertising and popular culture we get the message that rebellious men are sexy & desirable but rebellious women are not. Alcohol advertisers want to attract men to the promise of seduction and sexual adventure and attract women to the promise of release from inhibitions and societal restraints without frightening women or portraying them as shits. They often show women as sexual and untamed but not too wild. They imply that drinking will give a woman some of man’s power and privilege without

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detracting from her feminity. So they often use male symbols such as cigars, etc. Chapter 8 – Rage and Rebellion in Cigarette Advertising Of all the lies advertising tell us, the ones told in cigarette ads are the most lethal. The tobacco industry is in the business if getting children addicted to nicotine, this is because 90% of the children according to Jean Kilbourne start smoking before they are 18. If you don’t start smoking when you are very young, the chances are you will never start. Almost nothing good can be said of cigarettes unlike other potentially dangerous products such as alcohol. There is no such thing as low use. People start smoking and become addicted for many reasons and no one suggests that tobacco advertising is the primary one. However cigarette ads target the most vulnerable one. Research shows an association between exposure to advertising and adolescent smoking behavior; sudden rises in adolescent smoking coincide with large scale cigarette promotional campaigns. It is not that the young see an ad and immediately start to smoke but seeing the ads and handling cigarette packs and promotional gift lessens their resistance weakens their resolve so later they will somewhat be willing to accept a cigarette when offered. It is clear that targeted ads do influence the young. Jean Kilbourne had her first cigarette when she was thirteen. She was lonely and depressed, felt awkward and had very low self esteem. She liked the way cigarette made her feel high and calm at the same time. She states the she did not become addicted to cigarettes because of advertising. Cigarettes smoking was constantly glamorized and assumed to be safe and socially desirable. Ads claim that smoke fills you up when you feel empty inside. An angry woman is still often considered to be terribly unfeminine and undesirable. What does one do with all that suppressed rage? Why not have a cigarette or another piece of cake. Suppressed anger also plays an important role in alcoholism and in eating disorders. Cigarettes advertisers are aware that women are likely to use smoking as a way to regulate other moods. A Marlboro ad features a worried looking baby saying “Before you scold me mom… may be you better light up a Marlboro.” Girls who are susceptible to addiction are the ones who are the least tough, most vulnerable, feeling most in need of a tougher image for protection. Cigarette ads offer smoking to women as a way to control their emotions. Phalli imagery, sexual innuendo is often used in cigarette ads along with exotic subliminal images. 65


Chapter 9 – Advertising an addictive Mind Set Long before a girl or a boy picks up a cigarette or beer he or she has been primed by advertising to except transformation via product. We get seductive and incessant message from ads – product are magical and can fulfill our dreams. “The dream begins as soon as you open the door” say a car ad. The landscape of advertising is often deliberately dreamlike. Food is often offered as a way to enter into a dream world. A yogurt ad claims that the product will take you to paradise, women are encouraged to reach for food to find peace, and other products are offered to women as a magical way to transport ourselves into a state of bliss. Alcohol ads promise a dream world “Fairly takes can come true” says an alcohol ad. Countless ads offer a route to paradise itself. Again and again we are told that products can give us energy, power, sex appeal and magnetism. “Get your hands in the newest source of energy say ad for gloves. “Tang it’s a kick in the glass”. The very language of advertising to children is drug language. Surge, rush, loaded, blow you mind? The double meaning is not lost on children. Our real life and relationship is dull; via the products advertised we can escape into a colorful exciting, endlessly passionate world. If I drink this I will be sexier, if I smoke I will be calmer & sophisticated. These products will change me and my life. Advertising depicts that adulthood is a drag, our real life is monotonous, our relationship is boring and out job meaningless. So ads tell us that we can escape and get instant gratification. Children get the message that better do the good stuff now and thus children feel the good stuff is to chase women, stay out all night and party. Alcohol ads give a choice fun, excitement or monotony without it. Advertising encourages compulsion, greed and transformation via products. Addiction begins with the hope that something out these can instantly fill up the emptiness inside. Advertising is all about false hope. Chapter 10 – Addiction as a Relationship In alcohol ads the bottle is sometimes shown as a friend of family member, “Bring our family home for the holidays” says a beer ad. A vodka ad states “The perfect summer guest.” A beer ad uses a bull dog with the slogan “Be your own Dog”. Cigarettes are shown as friends, companions. Smoking ads are shown as a facilitator for sexual activity. A cigarette ad shows two cigarettes touching

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by the light of the moon with the slogan “Moonlight and Romance.” Another ad says ‘Wanted tall, dark stranger for long lasting relationship.” In life there are many loves, but only one Grand passion. A liquor ad shows a couple in a passionate embrace. Is it the passion for liquor? Jean Kilbourne does not mind when advertisers exploit people longing for relationship and connection to sell shoes or shampoos but not to exploit it to sell addictive product. “Can the generation gap be bridged” (ad for scotch) Scotch can bridge it. The truth is that it is for more likely to widen gaps between people than to bridge them. Most often the intimate connection that alcohol ads offer is sexual experience. Alcohol has long been advertised to men as a way to seduce women. “Sex appeal is the slogan for all ads that features a six pack of beer. Women are increasingly encouraged to think of the bottle as a lover too. “For 15 nights I have been with Floria – never once was it the same (Italian wine ad). Women’s bodies in alcohol are often turned into bottles of alcohol. We drink to feel connected and in the process we destroy all possibility of real intimacy and end up profoundly isolated. Chapter 11 – Advertising and Violence Sex in advertising is more often about power than passion, about violence than violin. It dehumanizes and objectifies women. The poses and posters are borrowed from pornography. Male violence is encouraged by ads that encourage males to be forceful and dominant to value sexual intimacy more than emotional intimacy. Men are encouraged by ads that encouraged to never taking a “No”. “If your date won’t listen to reason try a velvet Hammer” (cocktail). Jean Kilbourne says ads do not directly cause violence but the violent images cause the state of terror. Advertising helps to create a climate in which certain attitudes and values flourish, that women are valuable only as objects of men’s desire that real men are always sexually aggressive. Chapter 12 – Redefining Rebellion All consumers need to get past the belief that there is a fix, an instant solution to every problem. The basic point of new advertising is that an individual has a need or a problem and a product can meet or fix it. We need to use the right product and all will be fine. If we are unhappy we can smoke a cigarette or drink or have an ice cream; if your teeth are rolling use whitening gel, if you are fat use diet food, etc.

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When social problems are mentioned in advertising it is only trivialized “scientist predict global warning.” The icy cold six pack of beer is the obvious solution”. You know what is happening to the Ozone says an ad for makeup “Imagine what it is doing to your skin.” Jean Kilbourne states that counter advertising can change the environment advertising that gives honest information and deglamorises products like alcohol or tobacco. It should be fairness based doctrine. E.g.: “The tobacco industry is not your friend.” School should be ad free zones. We should see TV with our children and choose programmes with care. We should limit our consumption and TV watching instead, take up other activities like reading, sports, dramas and start discussion groups with our children. We should start a “Voluntary simplicity movement to save our earth and our souls.” She feels democracy is endangered when information is given for economic gain rather than to educate and enlighten the public. The main enemy is longer the communist but capitalist threat. It is time to fight back. Our survival is at state.

The Standards of Weights and Measures Act, 1956 The Standards of Weights and Measures Act, 1956 was the first enactment by which the uniform standards of weights and measures, based on the metric system were established. The standards established by the 1956 Act were based on the international system of units. Standards of weights and measures were subsequently revised by having regard to the rapid advances made in the fields of science and technology and a practical system of units of weights and measures, suitable for adoption for all the signatories to the Metro Convention was evolved. This practical system of weights and measures was given the name “Le System International d’Units” (with its international abbreviation “SI”).

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In view of the revision the Central Government constituted a Committee to consider what changes are required to be made in 1956. The Committee suggested the replacement of the 1956 Act by a comprehensive legislation on the subject. The Standards of Weights and Measures Act, 1976 An Act to establish standards of weights and measures, to regulate interState trade or commerce in weights, measures and other goods which are sold or distributed by weights, measure or number, and to provide for matters connected therewith or incidental thereto. It extends to the whole of India. It applies to commodities in packaged from which are sold, distributed or offered or displayed for sale. Standard Units Units of weight or measure to be based on metric system: •

Base unit of length shall be metre.

•

Base unit of mass shall be the kilogram.

•

Base unit of electric current shall be the ampere.

•

Base unit thermodynamic temperature shall be the Kelvin.

•

Zero degrees Celsius corresponds to 273.15 Kelvin.

•

Base unit of luminous intensity shall be the candela.

•

Base unit of amount of substance shall be the mole.

•

Base unit of numeration shall be the unit of international form of Indian numerals, in accordance with the decimal system.

•

Use of non-standard weight or measure prohibited.

•

Manufacture of non-standard weight or measure prohibited.

•

No weight, measure or other goods shall bear thereon any inscription or weight, measure or number except in accordance with the standard unit of such weight, measure or numeration established by or under this Act:

The Central Government shall keep in its custody, for the purposes of this Act, such number of reference standards as may be necessary. The Act envisages the appointments of Controller and Inspectors of Weights and Measures in the States. The Central Government with the consent of State 69


Governments is empowered to delegate some of the powers may be subdelegated by the Controller of Legal Metrology in the States. These powers may be sub-delegated by the Controller to other officers not being less than the rank of an Inspector. Where any goods seized are subject to speedy or natural decay, the Director or the authorized person may dispose of such goods in such manner as may be prescribed. Forfeiture. Every false or unverified weight or measure, and every false package shall be liable to be forfeited to the Central Government. Any custom, usage, etc. contrary to standard weight, measure or numeration to be void, manufacturers, etc., to maintain records and registers. Inter State Trade or Commerce Quantities and origin of commodities in packaged form to be declared: No person shall – •

Make, manufacture, pack, sell or cause to be packed or sold

•

Distribute, deliver

•

Offer, expose or possess for sale,

any commodity in a packaged form to which this Part applies unless such package bears thereon or on a label securely attached thereto a definite, plain and conspicuous declaration made in the prescribed manner, of: 1. The identity 2. The net quantity 3. Where the commodity is packaged or sold by number, the accurate number of the commodity contained in the package 4. The unit sale price of the commodity in the package 5. The sale price of the package Verification and Stamping of Weights and Measures sent from One State to Another When any weight or measure sent from a transfer State for delivery and it is not required to be dismantled before its dispatch, it shall be known as a weights or measure of the first category. If it is required to be dismantled before its dispatch to the Transferee State, it shall be known as a weight or measure of second category. 70


Weight or measure, whether of the first or of the second category, shall be verified and stamped unless fees for such verification and stamping have been paid in accordance with the scales specified. Weight or measure of first category is not to be sold or used in any State unless it is stamped in the Transferor State. Weights or measures of the second category received from Transferor State to be produced before the local inspector of the Transferee State, and the Transferee State shall verify every weight or measure to any other State to submit return to the Controller. Persons exporting or importing any weight or measure to get themselves registered. No dealer or manufacturer shall export or import any weight or measure unless he us registered. The following rules were established after the weights and measures Act 1976: 1. The Standards of Weights and Measures (Packaged Commodities) Rules 1977. 2. The Standards of Weights and Measured Tenders of Weights and Measures (Approval of Model Rules), 1987. The list of recognized laboratories shall be notified from time to time. When an application is made for the recognition of a laboratory, the Director shall, send one or more of his officers to the laboratory and obtain a report whether the laboratory: •

Has the necessary measuring equipment

•

Has the necessary qualified staff

•

Is situated in an appropriate environment

•

Has an adequate recording system

•

Is likely to give expeditions, efficient and adequate service

•

Is ready and willing to get its equipment verified periodically

Whether they have the certificate issued by the National Accreditation Board of Laboratories (NABL)

3. The Standards of Weights and Measures (Numeration) Rules, 1987 4. The Standards of Weights and Measures (Inter-State Verification and Stamping) 71


5. The Standards of Weights and Measures (Enforcement) Act, 1985 Definitions 1. Batch: Packages where the total number of such packages does not

exceed 100 & packages more than 100 but less than 10,000 of the same type & same production run combination packages.

2. Dealers: A person, a firm buying, selling, supplying, distributing for

cash or deferred payment.

3. Drained Weight: Refers to a solid commodity contained in a free

throwing liquid means the weight of solid commodity after the liquid has been drained for 2 minutes.

4. Group Package: Package containing similar packaging of different

brands.

5. Manufacturer: One who makes the product & also one who puts the

mark on the packaged commodity although not made by him.

6. Maximum Permissible Error: Given in case of commodities in

schedule I & II.

7. Multiprice Package: One or more packaging of same product of

identical quality. E.g.: toilet soap, net weight 10g each total net weight 100gm.

8. Packer: Person who prepacks any commodity.

Declaration to be made on every package •

•

Name, address of the manufacturers and if the manufacturers is not the packer, he name & address of both have to be given. Every package shall have a local security affixed. 72


•

The common name of the commodity contained in the pack. The net quantity in terms of standard unit of weight or the number of the commodity in the package.

•

The month & year it is manufactured or prepacked.

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The dimension of the commodity when relevant.

•

•

Other matters as specified in the rules. No declaration as to month or year on package containing bidees and incense stick. Bottles containing liquid milk, soft drinks, etc. which is returnable for refill.

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Liquid milk in pouches.

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Package with metal products.

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LPG.

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Chemical fertilizer. No declaration of retail sale price.

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Veg., fruit, fish, meat.

•

•

Bottle containing liquid milk, beverages with milk ingredient returned for refill package containing animal feed more than 15 litres. Package containing printing matter.

The height of the letter, the size, width is specified details required should be legible, prominent, definite plain & clear. Authorized person takes positive action in accordance with the provisions of the old against the manufacture or packers as the case may be. 

Before taking any action the authorized person shall size the package as a sample to produce as evidence.



The disposal of package is done as per the code of criminal procedure.

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The Copyright Act, 1957 In ancient days creative persons like artists, musicians and writers made, composed or wrote their works for fame and recognition rather than to earn a living, thus, the question of copyright never arose. The importance of copyright was recognized only after the invention of printing press which enabled the reproduction of books in large quantity. In India first legislation of its kind, the Indian Copyright Act was passed in 1914 which was mainly based on the UK Copyright Act, 1911.

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During the last four decades modern and advanced means of communications like broadcasting, litho0photography, television, etc. have made inroads in the Indian economy with the result that it became essential to fulfill international obligations in the field of copyright. This necessitated that a comprehensive legislation may be introduced to completely revise the copyright law. To this effect a Copyright Bill, 1957 was introduced in the Parliament. It introduced several new features which are briefly indicated below: 1. A Copyright Office is sought to be established under the immediate

control of a Registrar of Copyrights who shall act under the superintendence and direction of the Central Government. The principal function of the Copyright Office will be to maintain Register of Copyrights in which may be entered, at the option of the authors, the names and addresses of authors and owners of copyright for the time being, and other relevant particulars. Such a Register will easily make available useful information to interested members of pubic in regard to copyrighted works. In order to encourage registration of copyrights, provision is made that no proceeding regarding infringement of copyright shall be instituted unless copyright is registered in the Copyright Office. In addition to being in charge of the Copyright Office, the duties of the Registrar of Copyrights will be to entertain and dispose of applications for compulsory licenses and to inquire into complaints of importation of infringing copies. An appeal to the Copyright Board is provided for against the orders of the Registrar of Copyrights.

2. Provision is made for setting up a Copyright Board which will

determine the reasonableness of the rates of fees, charges or royalties claimed by performing rights societies, consider applications for general licenses for public performances of works and will assess compensation payable under the Bill in certain circumstances. An appeal can be made to the High Court against the decisions of the Copyright Board.

3. The definition of “copyright” is enlarged to include the exclusive right to communicate works by radio-diffusion.

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4. A cinematograph film will have a separate copyright apart from its various components, namely, story, music, etc.

5. An author assigning copyright in his work is allowed the option to reacquire the copyright after seven years but before ten years of the assignment on the condition that he returns the amount received by him at the time of the assignment with interest thereon.

6. The normal term of the copyright is fixed to be the life of the author

and a period of 25 years after his death as against the existing term of the life of the author, and a period of 50 years after his death. Shorter terms are fixed for anonymous or pseudonymous works, cinematograph films, mechanical contrivances, photographs, etc.

7. Under the existing law, the sole right to produce a translation of a work first published in India is extinguished after ten years, unless a translation thereof is produced within that period. The Draft Bill makes the right co-extensive with other rights arising out of copyright.

8. Provision is made for the issue of a general or special license for public performances of any work by means of a radio-receiving set or a mechanical contrivance.

9. A license may be issued to any library to make or cause to be made one copy of any book in which copyright subsists and which is not available for sale.

10. Provision is made for regulating the activities of performing rights

societies and also for controlling the fees, charges and royalties to be collected by them.

11. Certain rights akin to copyright are conferred on broadcasting authorities in respect of programmes broadcast by them. 76


12. International copyright relations which are based on international treaties will be regulated by specific orders to be made by the Central Government.

13. A fair dealing with any work for the purposes of radio summary or judicial proceeding will not hereafter constitute an infringement of copyright. List of Amending Acts •

The Copyright (Amendment) Act, 1983 (23 of 1983) (w.e.f. 9-8-1984)

•


•

The Copyright (Amendment) Act, 1992 (13 of 1992) (w.e.f. 28-121991)

•


•


It extends to the whole of India a) Adaptation means – •

•

•

•

In relation to a dramatic work, the conversion of the work into a non-dramatic work. In relation to a literary work or an artistic work, the conversions of the work into a dramatic work by way of performance in public or otherwise. In relation to literary or dramatic work, any abridgement of the work or any version of the work in which the story or action is conveyed wholly or mainly by means of pictures in a form suitable for reproduction in a book, or in a newspapers, magazine or similar periodical. In relation to a musical work, any use of such work involving its arrangement or alteration.

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Legal Environment and Advertising Ethics Prof. Anita Mandrekar b) “Work of architecture” means any building or structure having as

artistic character or design, or any model for such building or structure.

c) “Artistic work” means – •

A painting, a sculpture, a drawing (including a diagram, map, chart or plan), an engraving or a photograph, whether or not any such work possesses artistic quality.

•

A (work of architecture).

•

Any other work of artistic craftsmanship.

d) “Author” means – •

In relation to a literary or dramatic work, the author of the work

•

In relation to a musical work, the composer

•

•

•

•

In relation to an artistic work other than a photograph, the artist In relation to a photograph, the person taking the photograph In relation to a cinematograph film or sound recording, the producer In relation to any literary, dramatic, musical or artistic work which is computer-generated, the person who causes the work to be created

e) “Broadcast” means communication to the public – •

•

By any means of wireless diffusion, whether in any one or more of the forms of signs, sounds or visual images By wire and includes a re-broadcast

f) “Calendar year” means the year commencing on the 1st day of

January. 78


g) “Cinematograph film” means any work of visual recording on any medium produced through a process from which a moving image may be produced by any means and induced a sound recording accompanying such visual recording and “cinematograph” shall be construed as including any work produced by any process analogous to cinematography including video films.

h) “Communication to the public” means making any work available for being seen or heard or otherwise enjoyed by the public directly or by any means of display or diffusion other than by issuing copies of such work regardless of whether any member of the public actually sees, hears or otherwise enjoys the work so made available.

i) “Infringing copy” means – •

•

•

•

In relation to a literary, dramatic, musical or artistic work, a reproduction thereof otherwise than in the form of a cinematographic film In relation to a cinematograph film, a copy of the film made on any medium by any means In relation to a sound recording, any other recording embodying the same sound recording, made by any means In relation to a programme or performance in which such a broadcast reproduction right or a performer’s right subsists under the provisions of this Act, the sound recording or a cinematographic film of such programme or performance.

If such reproduction, copy or sound recording is made or imported in contravention of the provisions of this Act. Copyright Office & Copyright Board

Copyright Office: The Copyright Office shall be under the immediate control of the Registrar of Copyrights and may appoint one or more Deputy Registrars of Copyrights. Registrar and Deputy Registrars of Copyrights: The Central Government shall appoint a Registrar of Copyrights and may appoint one or more Deputy Registrars of Copyrights. 79


Copyright Board : The Central Government shall constitute a Board to be called the Copyright Board which shall consist of a Chairman and may appoint one or more than (fourteen) other members. Works in which copyright subsists 1. Original literary, dramatic, musical and artistic works 2. Cinematograph films 3. Sound recording Copyright shall not subsist: in any cinematograph film is a substantial part of the films is an infringement of the copyright in any other work. CASE STUDY – I Common properties are not the subject of copyright No doubt the central theme of the articles published by the second plaintiff and that of the drama and movie is the same, though the emphasis in the drama and the movie is more on human bondage, particularly of Indian women. The articles published by Ashwini Sarin also contain an autobiographical account of the part actually played by him in the affair. He has presented the whole affair in his own style. But that at the most would give the plaintiff copyright in respect of these articles. There cannot, however, be a copyright in an event which has actually taken place. There is a distinction between the materials upon which one claiming copyright has worked and the product of the application of his skill, judgment, labor and literary talent to these materials. Ideas, information, natural phenomenon and events on which an author expends his skill, labor capital, judgment and literary talent are common property and are not the subject or copyright; Indian Express Newspapers (Bombay) Pvt. Ltd. V. Dr. Jogmohan Mundhara, AIR 1985 Bom 229. CASE STUDY – II No ownership in case of mere ‘idea’ A person may have a brilliant idea for a story, or for a picture, or for a play, and one which, so far as he is concerned, appears to be original, but, if he communicates that idea to an author or a play writer or an artist, the production which is the result of the communication of the idea to the author or the artist or the playwright is the copyright of the person who has clothed the idea in a form, whether by means of a picture, a play, or a book, and the owner of the idea has no rights in the product: Donoghue V, Allied Newspaper Ltd., (1937) 3 ChD 503. 80


CASE STUDY – III Producer can defeat rights of music composer or lyricist The core of the question, whether the producer of a cinematograph film can defeat the right of the composer of music or lyricist by engaging him; the key to the solution of this question lies in the provisions (b) and (c) to section 17 of the Act reproduced above which put the matter beyond doubt. According to the first of these provisions, viz., proviso (b), when a cinematograph film producer commissions a composer of music or a lyricist for reward or valuable consideration for the purpose of making his cinematograph film, or composing music or lyric therefore i.e.: the sounds for incorporation or absorption in the sound track associated with the film, which is already indicated, are included in a cinematograph film, he becomes the first owner of the copyright therein and no copyright subsists in the composer of the lyric or music so composed unless there is a contract to the contrary between the composer of the lyric or music on the one hand and the producer of the cinematograph film on the other.

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The Essential Commodities Act 1955 This is an Act to provide, in the interest of the general public, for the control of the production, supply and distribution of and trade on commerce in certain commodities. It extends to whole of India. 1. “Essential commodity” means – •

Cattle fodder, including oilcakes and other concentrates

•

Coal including coke and other derivatives

•

Component parts and accessories of automobiles

•

Drugs

•

Foodstuff, including edible oilseeds and oils

•

Iron and steel, including manufactured products of iron and steel

•

Paper, including newsprint, paperboard and straw board

•

Petroleum and petroleum products

•

Raw cotton, whether ginned or unginned, and cotton seed

•

Raw jute

•

Any other class of commodity which the central Government may, by notified order, declare to be an essential commodity

2. “Food-crops” include crops of sugarcane.

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3. “Sugar” means – •

•

•

Any form of sugar containing more than ninety percent of sucrose, including sugar candy Khandsari sugar Sugar in process in vacuum, pan sugar factory or raw sugar produced there in

Tea is not foodstuff In common parlance “food” is something that is eaten. In wider sense “food” may include not only solid substances but also a drink. Still the fact remains that the substance called “food” should possess the quality to maintain life and its growth, nutritive or nourishing value so as to enable the growth, repair or maintenance of the body. Tea does not have any nutritive value. Therefore, tea is not a “foodstuff”: S. Samuel, M. D. Harrisons Malayalam V. Union of India, AIR 2004 SC 218. The word “oil” used in regard to foodstuff is edible oil and not oils like kerosene (Tulsi Modi v. State of Orissa). To deal effectively with malpractices like blackmarketing, hoarding, profiteering and to arrest the unjustified rise in prices of essential commodities by providing for the preventive detention of persons likely to indulge in such practices. Prevention of Blackmarketing and Maintenance of Supplies of Essential Commodities Bill was introduced in the Parliament. The Ordinance recognized preventive detention as a necessary evil and accordingly sought to provide for various safeguards to avoid scope for possible abuse of powers. An Act to provide for detention in certain cases for the purpose of prevention of blackmarketing and maintenance of supplies of commodities essential to the community and for matters connected therewith. The Central Government feels that if it is necessary for maintaining or increasing supplies of any essential commodity or to secure equitable distribution, it may, by order, regulate or prohibit the production, supply or distribution of those essential items. The order may provide: 1. Regulation by license, permits, production or manufacture of any essential commodity

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2. For bringing under cultivation any waste or arable for growing specified food crops 3. For controlling the price 4. For prohibiting the withhold from sale of any essential commodity Essential Commodities (Amendment) Act 2003 This amendment empowers the Central Government to direct that no producer, importer or exporter shall sell or otherwise dispose of or deliver any kind of sugar or remove any kind of sugar from the bonded godowns of the factory where it is produced. The word sugar includes plantation of white sugar, raw sugar and refined sugar whether indigenously produced or imported.

The Trademarks Act 1999 The Trade and Merchandise Marks Act, 1958 It had served its purpose and review of the existing law was necessary because of developments in trading and commercial practices, increasing globalization of trade and industry, etc. a need for simplification and harmonization of trademark and to give effect tp important judicial decision. Hence the Trademark Act, 1999 incorporated the following: 1. The registration of trademarks for services in addition to goods.

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2. Registration of trademarks which are imitation of well known trademarks not to be permitted. 3. Simplified procedure for registration with equal rights. 4. Enhancing punishment for the offences relating to trade marks. 5. Appointing an Appellate Board for speedy disposal of appeals. 6. The final authority for registration of certification trademarks to the Registrar instead of the Central Government. Certain Draft Rules were published in the exercise of powers given in the Trademarks Act 1999. These Draft Rules were called the Trademarks Rules 2002. These rules give in detail the explanation of the terms used, along with the procedure for registration of Trademarks application, about renewal, etc.

The Patents Act 1970 It extends to the whole of India. Person who can apply for patents: 1. Is the first inventor of the invention 2. Is any person being an assignee of the person who claims to be the first invention

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3. Is any representative of any deceased person who immediately, before his death was entitled to make such an application Application has to be for one invention only and has to be made in the prescribed form and filed in the patent office. When a provisional application is made, a complete specification has to be filed within 12 months otherwise the application is deemed to be abandoned. Every International application under the Patent Co-operation Treaty for a patent may be filed designating India only if a corresponding application has also to be filed before the Controller in India. The date of filing in both the places has to be same. The controller can ask for any details relating to the processing of the application of a patent outside India: •

No resident to apply for patent outside India without prior permission

The controller has the power to decide on matters of infringement if any.

The Consumer Protection Act, 1986 It is an Act to provide protection of the interests of consumers and for that purpose to make provision for the establishment of consumer councils and

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other authorities for the settlements of consumers’ disputes for matters connected therewith. This Act extends to the whole of India except the State of Jammu & Kashmir Definitions 1. Appropriate Laboratory: one that is recognized by the Central

Government, State Government and one that is set up by or under any law and is maintained, financed or aided by the Central or State Government for carrying out analysis or tests of goods or find out if there is a defect.

2. Complainant:

i. A consumer or more consumers with same interest ii. Any voluntary consumer associations iii. Central Government or State Government iv. In case of death of a consumer who has complained, the legal heir of representative

3. Complaint: means any allegation in writing made by a complainant

that An unfair trade practice or restrictive trade practice has been adopted by any trader or service provider •

That goods bought or agreed to be bought suffer from one or more defects •

The service hired or availed of or agreed to be hired or availed of suffer from deficiency •

The trader has charged for the goods a price in excess of the price fixed by law, or that marked on the package or a price agreed upon by both parties •

Goods are hazardous to life & safety when used are using offered for sale (if the trader knew of the danger) •

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Legal Environment and Advertising Ethics Prof. Anita Mandrekar 4. Consumer: •

•

Is a consumer who buys goods for a consideration or hires or avails of services and includes any user of such goods other than the person who buys such goods It does not include a person who avails of such services for any commercial purpose

5. Consumer Dispute: means a dispute where the person against

whom a complaint has been made, denies the allegations made in the complaint.

6. Defect: means any fault, imperfection or shortcoming in the quality,

quantity, potency, purity or standard which is required.

7. Deficiency:

means any fault, imperfection, shortcoming or inadequacy in the quality, nature and manner of performance which is required.

8. Manufacturer: means a person who •

•

•

Makes or manufacturer any goods or parts thereof Does not make or manufacturer, any goods but assemble parts made by others Puts his own mark on any goods made by any other manufacturer

Definitions “Person” includes a form, whether registered or not, a Hindu undivided family, a co-operative society and every other association whether registered or not.

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“Prescribed” means prescribed by rules made by the State Government or Central Government. “Regulation” means rule made by the National Commission under the Act. “Restrictive Trade Practice” means a trade practice which brings about manipulation of price or its conditions of delivery or to affect flow of supplies in the market which imposes on the consumers, unjustified costs or restrictions. “Spurious goods and services” means goods and services which are claimed to be genuine but they are actually not so. The act was amended in 1991, 1993, 2002 & 2005.

Pharmacy Act 1948 Why the Act was introduced Earlier there was no restriction in India on the profession of pharmacy. One would practice this profession as any other profession. People having no education in pharmacy or pharmacist’s chemistry or pharmacology were engaged in this profession. The compounding, mixing or dispensing of medicines was being done by persons who were not adequately trained in this line. The system was causing great harm to the health of the people by wrong compounding. Thus the government found it necessary to enact a law for the registration of the profession and practice of Pharmacy. In the field of medicines the role of the pharmacist is very important. Everyone cannot be a pharmacist. Hence the Pharmacy Act came into existence in 1948. This law was amending by the Amendment Act of 1959.

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The law laid down the formation of Pharmacy Councils in the Centre and also in the States. The Councils prescribe the discipline for the same. The Central Council of Pharmacy will prescribe the minimum standards of education and approve courses of study and examinations for pharmacists. Provincial Governments can prohibit dispensing of medicine if there is no personal supervision of a registered pharmacist. The 1948 Act was amended in 1959 to: •

•

Extend the Act in former B States To meet situations due to reorganization of States

The Amending Act of 1976 •

•

•

•

The University Grants Commission and All India Council for Technical Education were included in the Pharmacy Council The Comptroller and Auditor General of India or any person authorized by him will audit the accounts of the Pharmacy Council Persons from neighboring countries who migrated to India were allowed to register as pharmacists People working as compounders / dispensers courses according to the Drugs & Cosmetics Act 1940, could register as pharmacists

Amending Act of 1982 This Act provides that the State government can appoint only a registered pharmacist. The State Government shall provide a register of pharmacist and maintain that register which will include: •

The full name and residential address

•

The date of first admission to the register

•

The qualification for registration

•

The professional address

Qualifications for entry on first register: •

A degree or diploma in pharmacy, a pharmaceutical chemistry, a chemist and druggist diploma of an Indian University 90

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