The Advertising Business in India
ASCI and Misleading Ads
How the Advertising Standards Council of India self-regulates ads, what happens to misleading claims, and how the Consumer Protection Act adds legal penalties.
Who stops misleading ads?
ASCI
- The Advertising Standards Council of India was set up in 1985 by the ad industry.
- It’s a self-regulatory body.
- It handles complaints and asks advertisers to modify or withdraw misleading ads.
Common issues
- Exaggerated health claims.
- Misleading discounts.
- Hidden conditions in offers.
- Influencer ads without disclosure.
Results
ASCI processes thousands of complaints a year, with many ads modified or withdrawn. Education and healthcare ads often top complaint lists.
Legal backing
- The Consumer Protection Act, 2019 created the Central Consumer Protection Authority (CCPA), which can fine advertisers and endorsers.
- Penalties can reach 10 lakh rupees, and up to 50 lakh for repeat offences, for misleading ads.
Dark patterns
In 2023, CCPA issued guidelines banning dark patterns like false urgency and hidden costs in online ads and apps.
Self-regulation’s limits
Self-regulation relies on voluntary compliance; legal penalties add teeth.
A coaching institute claims "100 percent selection guaranteed". After complaints, ASCI and CCPA act, and the institute must withdraw the claim.
ASCI and the CCPA can act against misleading ads.
- ASCI self-regulates ads since 1985.
- It handles thousands of complaints a year.
- The CCPA can fine misleading advertisers and endorsers.
- Dark patterns were banned in 2023 guidelines.
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