Surrogate Advertisements - Judicial Concern
Surrogate advertising is advertising which embeds a brand or product message inside an advertisement which is ostensibly for another brand or product. For example, a cigarette company might issue public service announcements relating to a topic such as lung cancer, using the company's logo or distinctive brand colors in the ads so that people are exposed to the company's branding without seeing an explicit ad for the company's product. The company would justify the advertisement by claiming that it's an example of social responsibility.
Advertisements have a strong influence in our life. We like them because they provide information and create awareness about the market. Our decisions whether to buy a product or not, is often completely influenced by the promotional activities of the companies concerned. Therefore, due to the widespread adverse impact that advertisements of unhealthy products like tobacco, liquor can cause, Indian government has always endeavored to curb or at least restrict rampant advertisements of such products by appropriate legislations, orders and directives.
1) Amendment to Cable Television Act made under Networks (Amendment) Rules, 2006 states that no advertisement which violates ASCI standards are to be allowed.
But it has been noticed that despite legislations aiming at direct prevention of surrogate advertisement, no strict adherence could be observed as is evident in the ITC case above. Providing teeth to the ASCI to enable it to take action against false and misleading advertisements and keeping a vigil over close evasion of law is a step to be taken.
FCTC (Framework Convention on Tobacco Control):
It is a convention developed by World Health Organization (WHO) as a model to be adopted by any country desirous of enforcing strict anti-tobacco rules within its domain.
Article 13 of the convention talks about tobacco advertising, promotion and sponsorship:
It provides that even if the constitution doesn’t permit a comprehensive ban on tobacco advertising, it can resort to other ways too like
-Prohibiting advertisements which create an erroneous impression on consumers
-Restrict use of direct/indirect incentives encouraging public use of tobacco.
-Restrict media advertising in a period.
-Restrict tobacco sponsorships of public events
India can follow the detailed guidelines with respect to surrogate advertisements given in this convention.
In 2001, Indian Tobacco Company (ITC) had voluntary withdrawn the Wills Sports sponsorship of the Indian cricket team when the Government had first proposed a ban on advertising through legislation.
3) Miscellaneous
- Measures may also be considered to ensure that brand names or logos of tobacco products are not visible, even if such brands support international events.
- Making transparent laws banning surrogate advertisements for different products under a single brand names, for instance by amending the Trade Marks Act
- Calling on the ASCI address complaints received from consumers against surrogate advertisements and take appropriate actions immediately;
- Creating a consumer awareness programme to help people understand the negative impact of surrogate advertisements
- Adopting strict laws to penalise those companies featuring surrogate advertisements without any real existence of the product;
- Requiring advertising agencies to have full knowledge of the products under the same brand for which they are promoting advertisements, and taking legal actions against those agencies which design surrogate advertisements.
- Bans against surrogate advertisement should also spread its net to include the new electronic media like the Internet, e-mail, pagers and CD-ROMS, print and outdoor media, asking them to adhere to advertisement codes and not encourage surrogate advertisement.
Surrogate advertising is advertising which embeds a brand or product message inside an advertisement which is ostensibly for another brand or product. For example, a cigarette company might issue public service announcements relating to a topic such as lung cancer, using the company's logo or distinctive brand colors in the ads so that people are exposed to the company's branding without seeing an explicit ad for the company's product. The company would justify the advertisement by claiming that it's an example of social responsibility.
Advertisements have a strong influence in our life. We like them because they provide information and create awareness about the market. Our decisions whether to buy a product or not, is often completely influenced by the promotional activities of the companies concerned. Therefore, due to the widespread adverse impact that advertisements of unhealthy products like tobacco, liquor can cause, Indian government has always endeavored to curb or at least restrict rampant advertisements of such products by appropriate legislations, orders and directives.
1) Amendment to Cable Television Act made under Networks (Amendment) Rules, 2006 states that no advertisement which violates ASCI standards are to be allowed.
But it has been noticed that despite legislations aiming at direct prevention of surrogate advertisement, no strict adherence could be observed as is evident in the ITC case above. Providing teeth to the ASCI to enable it to take action against false and misleading advertisements and keeping a vigil over close evasion of law is a step to be taken.
FCTC (Framework Convention on Tobacco Control):
It is a convention developed by World Health Organization (WHO) as a model to be adopted by any country desirous of enforcing strict anti-tobacco rules within its domain.
Article 13 of the convention talks about tobacco advertising, promotion and sponsorship:
It provides that even if the constitution doesn’t permit a comprehensive ban on tobacco advertising, it can resort to other ways too like
-Prohibiting advertisements which create an erroneous impression on consumers
-Restrict use of direct/indirect incentives encouraging public use of tobacco.
-Restrict media advertising in a period.
-Restrict tobacco sponsorships of public events
India can follow the detailed guidelines with respect to surrogate advertisements given in this convention.
In 2001, Indian Tobacco Company (ITC) had voluntary withdrawn the Wills Sports sponsorship of the Indian cricket team when the Government had first proposed a ban on advertising through legislation.
3) Miscellaneous
- Measures may also be considered to ensure that brand names or logos of tobacco products are not visible, even if such brands support international events.
- Making transparent laws banning surrogate advertisements for different products under a single brand names, for instance by amending the Trade Marks Act
- Calling on the ASCI address complaints received from consumers against surrogate advertisements and take appropriate actions immediately;
- Creating a consumer awareness programme to help people understand the negative impact of surrogate advertisements
- Adopting strict laws to penalise those companies featuring surrogate advertisements without any real existence of the product;
- Requiring advertising agencies to have full knowledge of the products under the same brand for which they are promoting advertisements, and taking legal actions against those agencies which design surrogate advertisements.
- Bans against surrogate advertisement should also spread its net to include the new electronic media like the Internet, e-mail, pagers and CD-ROMS, print and outdoor media, asking them to adhere to advertisement codes and not encourage surrogate advertisement.