<ul><li>Last year saw many brands make unsubstantiated claims around the COvid-19 virus, promising to protect from the virus. </li><li><keyword id="169284" type="ORGANIZATION" weightage="20" keywordseo="ASCI">ASCI</keyword> reviewed 332 covid-related ads, through consumer complaints as well as its own monitoring, out of which only 12 were actually able to substantiate the claims they made.</li><li>ASCI’s expert panel that comprises highly seasoned microbiologists were kept busy examining Covid-related evidence provided by advertisers. </li><li>Given the rampant exploitation of vulnerable consumers in the pandemic situation, ASCI issued a Covid advisory in October 2020, giving advertisers a clear directive to fully substantiate their Covid related claims through recognized testing facilities.</li></ul>The Covid-19 pandemic turned FY20-21 in a year of a great turmoil for consumers and brands alike. Last year, we came across numerous brands making unsubstantiated claims about their products protecting people from the COvid-19 virus. In recently released data by the Advertising Standards Council of India (ASCI), 332 covid related ads were picked up by ASCI through consumer complaints as well as its own monitoring, out of which only 12 were actually able to substantiate the claims they made. In the first quarter of the pandemic, a directive from the <keyword id="2751687" type="PERSON" weightage="20" keywordseo="Ministry-Of-Ayush">Ministry of AYUSH</keyword> asked ASCI to identify advertisements that violated its advisory dated 1st April 2020 and ASCI escalated 237 objectionable ads to the Ministry of AYUSH. While 164 ads complied and modified the untrue claims, 73 covid related ads needed further investigation and action by the Ministry due to non-compliance. In addition to this, ASCI picked up advertisements of several other categories such as paints, apparel, detergents, skin care, ACs, fans, water purifiers, plywood and laminates, supplements and food- all promising Covid related benefit. ASCI’s expert panel that comprises highly seasoned microbiologists were kept busy examining Covid-related evidence provided by advertisers. Given the rampant exploitation of vulnerable consumers in the pandemic situation, ASCI issued a Covid advisory in October 2020, giving advertisers a clear directive to fully substantiate their Covid related claims through recognized testing facilities. Manisha Kapoor, Secretary General, ASCI said, “In a period where consumer vulnerabilities were at an all-time high, many brands took unfair advantage of this, and tried to peddle their wares without establishing any robust evidence of their actual utility against the SARS Cov-2 virus. ASCI has worked hard to weed out such advertisements by using very stringent standards of evidence. Brands that offer proven benefits to consumers have a genuine role in the pandemic, but unfortunately most of the Covid related advertising fell woefully short. Most advertisers were unable to prove that the products actually worked to help consumers in a real way as claimed in the ads.” Besides Covid complaints, the ASCI <keyword id="717040" type="ORGANIZATION" weightage="20" keywordseo="Consumer-Complaints-Council">Consumer Complaints Council</keyword> (CCC) also processed 1406 complaints in the education sector, 285 complaints against food and beverage advertisements and 147 complaints related to personal care. In addition, 364 advertisements were found to be, prima facie, in violation of The <keyword id="443553" type="PERSON" weightage="20" keywordseo="Drugs-and-Magic-Remedies-Act">Drugs and Magic Remedies Act</keyword>. ASCI’s independent Consumer Complaints Council (CCC) convened 37 times during the year and ASCI achieved a 97% compliance rate from advertisers on its recommendations, scoring a strong point for the efficacy of self-regulation. <cmsannotation type="cmsannotation" annotationid="Other key initiatives" text="Other key initiatives">Other key initiatives</cmsannotation> ASCI came up with various initiatives to help shape and monitor the advertising narrative. In September 2020, ASCI tied up with <keyword id="134892" type="COMPANY" weightage="20" keywordseo="TAM">TAM</keyword> to monitor 3,000 digital platforms. Since then, it has observed a rise in complaints related to online ads, both received from end consumers, as well as taken up suo motu. 35% of the advertisements looked into by the CCC were from the digital medium. The pandemic year also saw a massive jump in online gaming activities and concerned with the unabated rise of online real money gaming advertisements which did not explain risks to consumers in a transparent way, ASCI developed guidelines for the sector. ASCI processed 67 complaints related to Online real money gaming from Jan-March 2021. ASCI also launched the Trust in Advertising report in partnership with <keyword id="6456080" type="ORGANIZATION" weightage="20" keywordseo="nielsen">Nielsen</keyword> IQ and the <keyword id="32717" type="ORGANIZATION" weightage="20" keywordseo="Indian-Society-of-Advertisers">Indian Society of Advertisers</keyword>, and the ‘Chup Na Baitho’ awareness campaign for consumers, encouraging them to report objectionable claims in advertising. In addition, ASCI recently released detailed guidelines for influencer advertising. These guidelines make it mandatory for influencers and brands to specify what content is promotional in nature. Influencer marketing is mainstream now and the guidelines were the need of the hour. They were welcomed by all stakeholders and are being implemented.

In FY 20-21, only 12 out of 322 Covid-related ads monitored were able to substantiate the claims they made: ASCI

<ul><li>The Trust in Advertising study was conducted with people across age groups in 20 centres in India.</li><li>As per the research, about 70% of the respondents said they trust advertisements which are endorsed by celebrities.</li></ul>A study commissioned by <keyword id="388787" type="COMPANY" weightage="20" keywordseo="The-Advertising-Standards-Council-of-India">the Advertising Standards Council of India</keyword> (ASCI) and the Indian Society of Advertisers (ISA), and conducted by Nielsen, shows a high level of trust in advertising. Maintaining and growing trust in advertising by ensuring honesty and truthfulness has been the core focus of ASCI, which was founded with the support of ISA. The Trust in Advertising study was conducted with people across age groups in 20 centres in India, including metros, smaller towns and rural areas. The study found that eight out of 10 people trusted advertising messages across media. TV (94%) was the most common medium for consumption of advertising, followed by digital (82%), print (77%) and radio (29%). Viewership of TV ads is driven by non-metro markets. Interestingly, viewership of ads on digital is the same in rural (82%) as it is in metros (83%). According to Prasun Basu, Global Head, Strategic Alliances and New Verticals Nielsen, this demonstrates the growing importance and centrality of this medium in the hinterland. ASCI spotted early that the growing consumption of digital content and advertising pointed to a permanent change in consumer behavior and marketing. Accordingly, it set up robust monitoring mechanisms for digital platforms alongside its monitoring of print and TV advertising. It now scans more than 3,000 digital platforms for misleading messages. Advertising seen on traditional media continues to enjoy high trust amongst consumers. Advertising in newspapers (86%) emerged as the most trusted, closely followed by that on TV (83%) and Radio (83%). Text/SMS ads were the least trusted at 52%. In terms of shifts, consumers put greater trust in advertisements consumed on TV, print, radio, social media, outdoor and search engines as compared to what they did in a similar survey conducted by Nielsen in 2015, but there is a fall in the percentage of consumers trusting text messages over this period (58% vs. 52%) Among sectors, audiences displayed a very high level of trust for advertisements of educational institutions at 82%. This is possibly because culturally, Indians have a strong belief in education as a means to secure their future. Ironically, ASCI finds that a significant portion of misleading ads come from the education sector. ASCI therefore has a high focus on education sector advertising. “ASCI’s job of monitoring the education sector is even more crucial, given these findings. In India, the poorest of people prioritize education spends over other necessities. Most educational institutions promise job guarantees or make false claims of being the No 1 or guaranteeing 100% placement without any objective data or evidence. We are doing our best to make sure that such false advertising is removed from the market,” said <keyword id="771216" type="PERSON" weightage="20" keywordseo="Manisha-Kapoor">Manisha Kapoor</keyword>, Secretary General, ASCI. Home care products such as detergents, mosquito repellents etc. as a sector also enjoys relatively higher trust levels. However, real estate advertisements were amongst the least trusted by consumers. About 70% of the respondents said they trust advertisements which are endorsed by celebrities. In terms of taking action when they see a misleading or offensive advertisement, about a third of consumers are likely to discuss this with their family/friends, another third take some action by posting it on social media, or reporting the same. However, almost 30% of consumers do not take any action. This, too, is a major focus area of ASCI. It has used every tool available to make it easy for consumers to point out misleading claims in advertisements. Consumers can lodge complaints on its website (www.ascionline.org), or via email (contact@ascionline.org) Consumers can also send their complaints via WhatsApp (7710012345). As the self-regulatory body of the advertising industry, ASCI has over the past 35 years, established codes and guidelines to promote ethical and responsible advertising and, consequently, ensure high levels of consumer trust. These codes and guidelines have evolved with time, keeping pace with the changing marketing and consumer landscape. Kapoor said: “I thank ISA for being a joint convener of the Trust in Advertising study. ASCI feels responsible for not only maintaining consumer trust in advertising but also guiding brands to advertise honestly and impactfully. Consumer trust and brand reputation are some of the most valuable assets an organization owns, and honest advertising is a key to building brand value over the long term. This is the basis of self-regulation. This study has revealed some very interesting findings that will help brands understand where they need to do more work in the area of building trust levels with consumers. For ASCI, an independent self-regulator, there are several insights that will help us engage better with consumers.” According to Sunil Kataria, Chairman of the ISA, “Brands are built on the back of long term communication with consumers and audiences. It is in the advertisers’ own self-interest to make sure that all communication is honest and truthful, so consumers can trust advertising messages, and thereby, brands. This study helps advertisers, agencies, media owners and planners understand what works well and introspect on what needs improvement”

People trust ads on newspapers, TV and Radio the most: ASCI

<ul><li>Seen ads with <keyword id="3834292" type="PERSON" weightage="20" keywordseo="misleading-claims">misleading claims</keyword> around COVID-19 cures? </li><li><keyword id="169284" type="ORGANIZATION" weightage="20" keywordseo="ASCI">ASCI</keyword> has announced COVID-19 advertising advisory to prevent these misleading claims.</li><li>As per the guidelines, if advertisers do choose to claim removal of any other virus in their advertisement, they should include a disclaimer such as ‘Claim not applicable to coronavirus.’</li></ul>Given the proliferation of advertisements with misleading claims around COVID-19 cures and preventions, The Advertising Standards Council of India (ASCI) has announced an advisory to advertisers so that they can adhere better to its code on misleading advertisements. Advisory: 1. Advertisers of <a href="https://www.ayush.gov.in/docs/121.pdf)" data-type="tilCustomLink">Ayurvedic</a>, Unani, Siddha and Homeopathy products and services are advised to abide by the Order of Ministry of AYUSH dated April 1, 2020, on coronavirus (COVID-19) advertisements. 2. During the coronavirus (COVID-19) pandemic, it is advised that advertisements avoid claiming destruction or removal of any virus other than coronavirus (COVID-19) in order not to violate provision of ASCI code’s clauses 1.4 (“Advertisements shall neither distort facts nor mislead consumers by means of implications and omissions….”) and 1.5 (“Advertisements shall not be so framed as to abuse the trust of consumers or exploit their lack of experience and knowledge…”). In case advertisers choose to claim removal of any other virus in their advertisement, they should include a disclaimer such as “Claim not applicable to coronavirus (COVID-19)” or a similar message with the disclaimer size and position as per the Disclaimer Guideline of ASCI. 3. Advertisers are advised to be particularly careful whilst making, directly or indirectly, claims to reduce the chances of becoming infected with coronavirus (COVID-19) or gain immunity against it. Advertisers should be able to substantiate claims of immunity against or treatment for coronavirus (COVID-19) supported by either technical support recognised or approved by health authorities such as WHO, ICMR, MoHFW, AYUSH, DCGI, CDC (USA), or health organisations of similar stature or by well recognised medical/technical literature or by regulatory-approved clinical research conducted by a recognised medical institute/laboratory. 4. Products which are not internally consumed or applied to bodies, ie, not requiring license under the Drug &amp; Cosmetic Act, should be particularly cautious while making claims regarding prevention of, immunity against or treatment for coronavirus (COVID-19) unless they have claim-support data as required per clause 3 above. Manisha Kapoor, Secretary General, ASCI, said: “We want advertisers to be more mindful in creating advertisements and making claims related to Covid-19. Given the pandemic and the extended lockdowns, people are obviously concerned. Manufacturers and brands have also responded to consumer needs arising out of the pandemic. However, we want these products and advertisements to stick to claims and promises that are well backed by adequate substantiation. The advisory to advertisers is meant to safeguard consumers as well as to ensure the highest standards for advertising. They have been developed after consultations with advertisers, as well as with technical experts in different fields such as biochemistry, Ayurveda, Food and nutrition etc. The pandemic is a difficult time for everyone, even brands, but it cannot be a platform to mislead consumers. We thank brands who have been watchful of their claims, embracing self-regulation as a practice while promoting their products and services.” This advisory is in line with Chapter 1 of ASCI’s code related to truthfulness and honesty of representation and, thus, the creation of consumer confidence in advertising. In April 2020, the Ministry of AYUSH sought ASCI’s help to alert it about misleading advertisements. Since then, ASCI has processed 250 advertisements and reported 233 from the healthcare sector to the ministry. Of these, 162 were successfully resolved as the advertisers either withdrew the advertisements or modified them. The remaining 71 were taken up by the ministry for appropriate action. Through ASCI’s suo motu monitoring of the digital space, including social media platforms and advertiser websites, it has screened more than 500 advertisements that had COVID-related misleading claims. In three cases, ASCI also exercised the suspension pending investigation option. This mechanism is used in exceptional circumstances, when it appears that an advertisement is in serious breach of the ASCI code and that its continued transmission on any medium could cause public harm or injury or if its continuation is against the public interest. In such cases, ASCI would, pending investigation, direct the advertiser, agency, media buying agency and the media concerned to suspend the advertisement. Advertisers are given two business days to withdraw it themselves and the matter is subsequently examined within a month. <div type="Article" hostid="261" msid="77143504" title="Covid-19 has made for some very interesting inventions in the past few months. We list some bizarre products we have come across" mstype="2" mssubtype="0"></div>

Advertisements should avoid claiming destruction or removal of any virus other than coronavirus: ASCI

New Delhi, Jan 20 () The Advertisement Standards Council of India (ASCI) on Monday announced to introduce guidelines for usage of claims of awards and rankings by the companies in their respective advertisements.
Now, brands and services need to ensure that the accrediting bodies involved in disseminating or presenting awards or rankings are authentic and credible, while validating their claims in advertisements.
The new guidelines, which would be effective from February 1, 2020, aim to curb the "superiority claims" in advertising for the products and services based on awards and rankings received, which "sometimes misled into believing" by the consumers, the ad regulator said in a statement.
 "The guidelines will lend assistance to advertisers for appropriate and correct usage of reference to awards or rankings in advertising; to ensure that their claims are not misleading," said the ASCI.
It further said: "The guidelines will also assist the advertiser to understand the rigour required for claim substantiation and pitfalls to avoid so that their claims pass the muster with ASCI's Consumer Complaints Council (CCC)."
The guidelines are applicable to all advertisers and would particularly be relevant for healthcare services and the educational sector which tend to use such superiority or leadership claims, it said.
Prospective students and parents easily fall prey to awards/ranking claims by institutes and coaching classes as they rely blindly on such claims, the ASCI added.
"A wrong choice directly impacts the quality of education and future of children as well as, has a financial implication. In the health services sector, misleading claims about rankings and awards lure patients in choosing the service provider and could hamper patient health, quality of care received and result into financial losses.
Commenting on the development, ASCI Chairman Rohit Gupta said:"Claims such as ranking first in the state or in India, receiving an award for being the most trusted or award of excellence, listed in some book of world records etc. makes consumers believe that the product/service is recognized and trustworthy, whereas in some cases this may not be true.
"The guidelines are a step towards ensuring that advertisers are cognizant of the serious impact of deceptive advertising and hence make responsible claims when referring to awards and rankings in their advertisements," he added. KRH MKJ

ASCI announces new code for brands to claim awards, rankings in ads

Mumbai, Jan 13 () A Cars24.com advertisement featuring cricketer M S Dhoni has been found "misleading" for the false impression of instant payment to sellers, industry's self regulatory body ASCI said on Monday.
Advertising Standards Council of India (ASCI) also reprimanded South Korean auto major Kia Motors for its sports utility vehicle Seltos' campaign for manifesting disregard for safety.
The industry body has been formed to protect the interests of the consumers and has a code of conduct, which has been adopted by all its members and shares details on complaints received.
For October, complaints against 344 advertisements were investigated, of which 80 were withdrawn by the advertisers, an official statement said, adding that its Consumer Complaints Council (CCC) evaluated 264 advertisements.
Cars24's campaign featuring Dhoni creates an impression that every sale of car would be eligible for 'Instant payment', which is not the case, it said.
The ASCI guidelines for celebrities were also violated as no adequate evidence was provided of the celebrity's due diligence, the statement added.
Kia Motors' radio advertisement for its SUV titled 'He doesn't play by the rules. He plays with them' and 'Inspired by the badass in you' was found to be implying that one shouldn't care about the traffic rules, the statement said.
"It manifests a disregard for safety and encourages negligence," it added.
Beauty salon chain Shahnaz Husain Group was reprimanded because the 'SPF25' claim was inadequately substantiated, the statement said.
Of the 264 advertisements evaluated by the CCC, complaints against 137 advertisements were upheld, which included 89 from the education sector, 29 from healthcare, four from personal care and two from food and beverages, it said. AA BAL
BAL

MS Dhoni's ad for Cars24, Kia Motors' Seltos campaign draw ASCI flak

<ul><li>India’s crypto lobby, the Blockchain and Crypto Assets Council (BCAC), is coming up with new rules to determine how crypto exchanges can advertise on television and online platforms.</li><li>The new rules will reportedly be in place within the next seven to ten days.</li><li>The advertisement guidelines will be a part of the self-regulation code that is currently in the works.</li></ul>The next seven to ten days will determine how India’s nascent crypto industry will present itself to the masses. The Blockchain and Crypto Assets Council (BCAC) is set to introduce a new set of guidelines to determine how crypto exchanges in the country can advertise on television as well as online platforms like Netflix, Amazon Prime, Disney+Hostar and others. The move comes after crypto exchanges in India — which includes <keyword id="6672551" type="UNKNOWN" weightage="20" keywordseo="wazirx">WazirX</keyword>, CoinSwitch Kuber and <keyword id="6416838" type="PERSON" weightage="20" keywordseo="coindcx">CoinDCX</keyword> — have been putting the pedal to the metal when it comes to advertising in the country. But, that seems to have landed them in <a href="https://www.businessinsider.in/cryptocurrency/news/wazirx-coindcx-and-coinswitch-kubers-advertising-roll-has-hit-a-roadblock-in-india/articleshow/84432645.cms">hot water with the regulators</a> for not giving sufficient warning about the pitfalls of investing in cryptocurrencies. Navin Surya, who is on the advisory board of the crypto council, told the Economic Times (<a href="https://economictimes.indiatimes.com/tech/technology/self-regulation-at-work-crypto-group-to-issue-advertising-guidelines/articleshow/84739257.cms">ET</a>) that the advertising guidelines will be a part of the self-regulatory framework that is already in the works. <cmsannotation type="cmsannotation" annotationid="What is the fuss over crypto advertisements in India?" comment="subhead" text="What is the fuss over crypto advertisements in India?">What is the fuss over crypto advertisements in India?</cmsannotation> There was a time that most people in India had no interest in cryptocurrencies. But, the past three years — especially the year of the pandemic — have been key in changing that perception. Meanwhile, crypto exchanges in India have also been doing their part to drum up business. They have been raking in sponsorship deals for bigwig events like the Euro 2020 football championships, the Indian Premier League (IPL) cricket tournament, and T20 tour between India and Sri Lanka. But, more visibility also means more criticism. A plea filed by advocates Aayush Shukla and Vikash Kumar in the Delhi High Court argues that these new ads don’t give enough warning to investors about the risks involved while investing in cryptocurrencies. According to them, the disclaimer text should cover 80% of the screen. <cmsannotation type="cmsannotation" annotationid="Trying to stay ahead of any official reprimands" comment="subhead" text="Trying to stay ahead of any official reprimands">Trying to stay ahead of any official reprimands</cmsannotation> Just as over-the-top (OTT) platforms tried to stay ahead of regulation in India with their self-regulatory code, crypto exchanges are also biding for the time until the industry matures. After the Delhi High Court’s notice, the Advertising Standards Council of India (ASCI) indicated that it could introduce guidelines with crypto advertisements becoming “an emerging area of concern.” ASCI guidelines are not legally enforceable. However, violation of ASCI guidelines is treated as a violation of government rules. <cmsannotation type="cmsannotation" annotationid="Cryptocurrency ads in India already have disclaimers — but there’s no ‘one size fits all’" comment="subhead" text="Cryptocurrency ads in India already have disclaimers — but there’s no ‘one size fits all’"><keyword id="6357017" type="DEFINITION" weightage="20" keywordseo="cryptocurrency">Cryptocurrency</keyword> ads in India already have disclaimers — but there’s no ‘one size fits all’</cmsannotation> The issue is not that these new crypto ads don’t have disclaimers — they do. However, each crypto exchange has been going about it in its own unique way. WazirX ads have a disclaimer that appears throughout the ad, but in a small font on the corner of the screen. With CoinDCX and CoinSwitch Kuber ads, it appears right at the end. In both cases, the font size is different. The Delhi High Court has asked for there to be a ‘standardised’ approach. The disclaimer — what it says, how it appears, the screen space required and its duration — should be the same for all the companies involved. Not only does that level the playing field but investors also are aware of the format and understand that there is risk in crypto markets. <a href="https://forum.businessinsider.in/">For a more in-depth discussion, come on over to Business Insider Cryptosphere</a> — a forum where users can deep dive into all things crypto, engage in interesting discussions and stay ahead of the curve. SEE ALSO: <a target="_blank" class="c-link c-message_attachment__title_link" href="https://www.businessinsider.in/investment/news/what-is-non-fungible-token-nft-everything-you-need-to-know/articleshow/84754933.cms">Here’s everything you need to know about NFTs — the front runner for the future of art</a> <a target="_blank" class="c-link c-message_attachment__title_link" href="https://www.businessinsider.in/cryptocurrency/news/the-number-of-countries-exploring-cbdcs-more-than-doubled-during-the-pandemic-year/articleshow/84754157.cms">The number of countries exploring CBDCs more than doubled during the pandemic year</a>

WazirX, CoinDCX and other Indian crypto exchanges will reportedly have new advertisement guidelines in the next seven to ten days

The <keyword id="120108" type="ORGANIZATION" weightage="100" keywordseo="Advertising-Standards-Council-of-India">Advertising Standards Council of India</keyword> (ASCI), a self-regulatory body of advertisers, has issued new guidelines, which directs fairness products to not show people with a dark complexion as inferior, unappealing and/or at a disadvantage. This is a good step, but the key question is can a shift in advertising and marketing approach to these products and skin colour change the consumer mindset towards it? 
 
Fairness and Indian advertising 
For ages, many fairness products have been doling out numerous television and print commercials in the before-after fashion, claiming how fair skin can get you the best things in life – best job, best spouse, win a reality show, success, blah blah blah. 
 
And it seems people have been buying in to those stories and lapping up these fairness products. No wonder, fairness products are India’s largest cosmetic category amounting up to Rs 3,036 crore share of the total skin cream market of Rs 9,641 crore. 
 There is a myriad of brands like <keyword id="413087" type="UNKNOWN" weightage="100" keywordseo="Fair-Lovely">Fair &amp; Lovely</keyword>, Fair and Handsome, Fair &amp; Lovely Men, Fairever, Nivea Whitening, Fair One, etc, which have focused their entire advertising on how a dark complexion is a disadvantage in career, marriage, dating, and other aspects of life and being fair can give an edge over others. Looking at this widespread approach of advertising discriminating against people with dark skin, the self-regulatory body ASCI has come up with new guidelines. 
 
The new guidelines 
As per the new ASCI guidelines, “advertisers can not show people with dark complexions as unattractive, unhappy, depressed or concerned”. The guideline also specified that they can neither be shown at any kind of disadvantage in context to “being attractive to the opposite sex, prospects of matrimony or job placement and promotions”. 
 
The self regulatory body said this step actually helps advertisers to comply with ASCI code Chapter III 1 b that states: “advertisements should not deride any race, caste, colour, creed or nationality”. 
 
Consumers’ attitude to skin colour 
Marketers have seemed quite biased, showing fair skin people getting the best in life and the one with dark skin suffering and struggling. But the most important thing is that it is, to a large extent, a reflection of the Indian consumers’ belief and attitude towards skin colour. A majority of the people in the country believe fair is the better colour. 
 
One of the biggest reflections of this attitude is seen in all kind of matrimonial advertisements, be it online or print. More than 90% of the matrimonial advertisements scouting for a bride mention fair/very fair/gori as a key requirement. 
 
Can new guidelines shift consumers’ attitude? 
Now, the question is can this change in advertising bring a shift in consumers’ attitude towards skin colour. Well, one can see that a segment of people already does not look at dark skin as a disadvantage. A few dark skin beauties have also made their mark in the Indian film industry. Yet, this is in a very small number. 
 
Unfortunately, larger consumers’ segments still consider fair skin as superior and beautiful. A major shift in advertising may not change the consumer attitudes overnight, yet it can certainly seep in the idea of equality slowly over time. Advertising does affect the subconscious mind of people and repeated idea shown in ads over a period of time crawls into our mind eventually. 
 
Although the larger responsibility remains on the consumers to drop skin colour-based discrimination, that seems a far-fetched reality. Nevertheless, we are headed in the right direction and this step by ASCI will play a major role in giving the consumers the required nudge. 
 
Mature advertising 
With the new guidelines in play for fairness products, the advertising of the products will move to a more mature level. Advertising experts are of the view that this will help the advertising of this product category to take a mature turn, which will eventually benefit the entire industry. 
 
Certainly, advertising and marketing alone cannot change consumer attitudes entirely overnight, yet they have the power to influence them. And from that perspective, the new advertising guidelines by ASCI for fairness product is capable of bringing a significant change in consumers’ attitude towards skin colour.

Can New Guidelines On Fairness Ads Change Consumer Mindset?

<ul><li>The early stage of AI development also brings forth certain inherent <keyword id="6355587" type="General" weightage="20" keywordseo="legal" source="Orion">legal</keyword> complexities and hurdles that advertisers need to take into account. </li><li>These include concerns regarding the ownership of AI-generated content, <keyword id="42436" type="General" weightage="20" keywordseo="copyright" source="Orion">copyright</keyword> issues, data security, potential AI bias, and so on. </li><li>Obtaining proper authorisations and licences for uploaded materials, particularly copyrighted and trademarked content, is crucial. </li></ul><keyword id="15777223" type="General" weightage="20" keywordseo="generative-ai" source="Orion">Generative AI</keyword> has brought significant advancements to the <keyword id="35666" type="General" weightage="20" keywordseo="advertising" source="Orion">advertising</keyword> sector, reshaping content creation, customer engagement, and backend operations. Through the use of generative AI tools, advertisers can automate the production of original content such as text, images, articles, and marketing materials. However, despite the advantages related to efficiency, cost savings, and productivity that generative AI brings, the early stage of AI development also brings forth certain inherent legal complexities and hurdles that advertisers need to take into account. A report by law firm Khaitan &amp; Co and the Advertising Standards Council of India (ASCI) has pointed out the legal ramifications like copyright infringement are necessary to keep in mind more than ever in these changing times. There are also concerns regarding the ownership of AI-generated content, data security, potential AI bias, and more. <cmsannotation type="cmsannotation" annotationid="Danger 1: Copyright infringement" text="Danger 1: Copyright infringement">Danger 1: Copyright infringement</cmsannotation> When it comes to copyright infringement, generative AI can get tricky. For example, a song featuring AI-generated and cloned voices of 'The Weeknd' and 'Drake' was uploaded and subsequently streamed over 15 million times before it was eventually taken down. In another instance, photographer Boris Eldagsen declined a Sony world photography award after disclosing that his winning image was generated using AI. This revelation has sparked a debate about the role of AI in photography. <cmsannotation type="cmsannotation" annotationid="Copyright act: Status of AI generated content unclear" comment="subhead" text="Copyright act: Status of AI generated content unclear">Copyright act: Status of AI generated content unclear</cmsannotation> The Copyright Act of 1957 provides copyright protection in India for original works and defines the 'author' as the creator. AI-generated content faces uncertainty regarding copyright protection due to AI not being recognized as a legal entity, raising concerns about ownership and infringement. Advertisers and marketing agencies may encounter challenges in claiming legal ownership of AI-generated works. Generative AI models use two types of data, training data, and user input, which require due diligence to avoid copyright infringement. The unclear status of AI in copyright law necessitates careful consideration to ensure compliance and protection. <cmsannotation type="cmsannotation" annotationid="The misrepresentation fear" comment="subhead" text="The misrepresentation fear">The misrepresentation fear</cmsannotation> Training generative AI models using data from open sources or the internet can introduce biases, misinformation, and misleading information into the output. Limited diversity in datasets may result in underrepresentation of cultures, races, and genders, perpetuating historical stereotypes. The effectiveness of AI tools relies on the quality of training data, but concerns arise from the dominance of English language data and models, potentially making it disadvantageous to non-English speakers and those outside of the Global North. Global cooperation is crucial to avoid linguistic discrimination and exclusion in AI development. <cmsannotation type="cmsannotation" annotationid="Why advertisers need to be conscious and careful" comment="subhead" text="Why advertisers need to be conscious and careful">Why advertisers need to be conscious and careful</cmsannotation> The report points out that in India, AI is not recognised as a legal entity, leaving AI-generated works without human involvement ineligible for copyright protection. Consequently, advertisers may find themselves without legal ownership of AI-generated content and limited recourse in the event of infringement by third parties. Moreover, marketing agencies may encounter challenges in fully transferring ownership of AI-created content to their clients if they are not deemed rightful owners. <cmsannotation type="cmsannotation" annotationid="How advertisers can mitigate liability risks" comment="subhead" text="How advertisers can mitigate liability risks">How advertisers can mitigate liability risks</cmsannotation> As per the report, a critical focus is on thoroughly reviewing AI platform terms, securing proper authorizations for copyrighted content, and carefully avoiding prohibited input. The implementation of robust content review processes, setting up guidelines, and incorporating AI disclaimers plays a significant role in mitigating potential liabilities. It is also vital to safeguard confidential data by enforcing non-disclosure agreements and implementing strong security measures. Upskilling human labour is recommended to maintain human control, ensuring responsible AI use, and effectively minimising legal and ethical risks. <cmsannotation type="cmsannotation" annotationid="Future outlook" comment="subhead" text="Future outlook">Future outlook</cmsannotation> The Khaitan-ASCI white paper points out that stakeholder engagement is crucial in navigating AI complexities, involving developers, policymakers, experts, users, and the public. In India, the government's awareness of AI is evident through the Ministry of Electronics and Information Technology, Government of India ( MEITY) and NITI Aayog initiatives and the proposed Digital India Act with AI regulations. Emphasising fairness, accountability, transparency, and ethics guides responsible AI development. Learning from global perspectives, like the EU AI Act, harmonises regulatory standards. Effective policies balance innovation with rights, privacy, and workforce impact. A collaborative approach fosters trust, responsible AI practices, and societal benefits.

Generative AI usage advertising comes with its legal implications

<ul><li><keyword id="501707" type="ORGANIZATION" weightage="20" keywordseo="PV-Sindhu">PV Sindhu</keyword> and her agency Baseline Ventures is taking over 20 brands to court for using her image and name for moment-marketing, without her consent or proper permissions.</li><li>The agency is seeking damages of Rs 5 crore from each of the brands.</li><li>In wake of the incident, we speak to experts to understand how brands can be careful and avoid such legal complications when using <keyword id="6813822" type="UNKNOWN" weightage="20" keywordseo="Moment-Marketing">moment marketing</keyword> as a strategy.</li></ul>Last week, ace shuttler made the country proud by becoming the first Indian woman to win two Olympic medals. The country came together to congratulate her on her historic achievement and brands joined in, as much to congratulate her as to ride on the trend that Sindhu had created with her win. However, Sindhu is now said to be exploring legal options to take a lot of these brands to court, for using her name and image for their marketing purposes without proper authorization. In the past few years, we have seen many brands build their social presence with the help of moment marketing. We have seen brands jump in on topical conversations with their own take on something that is trending. In doing so, they have many-a-times, used individuals and their names to make the most of the trending moment. The benefits are obvious, while coming up with content that many relate with, they are also able to become a part of the conversation, making it easier for them to grab eyeballs and become a part of the conversation. However, with Sindhu taking an objection to the way her name has been used by brand, there is a chance that brands will become more careful about how they use a public personality's image or name in their content. Sindhu, who is managed by sports marketing agency Baseline Ventures, is reportedly seeking damages worth Rs 5 crore from brands that have used her name and images without her consent. Speaking on what is wrong with the way these brands have handled things, Yashwanth Biyyala, Director - Talent and Partnerships, Baseline Ventures said, “The fact that these brands used PV Sindhu’s images and name on their posts is a clear infringement on the player’s privacy. Moreover, they are also clearly flouting the norms of the International Olympic Committee (IOC), that has put together clear guidelines around advertising during the tournament. In fact there was a blackout period between July 13 (when the Olympic Village opens) and August 10 (two days after the Closing Ceremony) when even brands that sponsor the player are not allowed to post about them. Only IOC and the Indian Olympic Association (IOA) partners are allowed to post about the players.” In total, Baseline Ventures is taking close to 20 brands to court for flouting the rules, out of which legal notices have already been sent to 15. The brands that have already been sent notices include Happydent (Perfetti Van Melle), Pan Bahar, Eureka Forbes, ICICI Bank, HDFC Bank, Vodafone Idea, MG Motor, UCO Bank, Punjab National Bank, <keyword id="6354731" type="UNKNOWN" weightage="20" keywordseo="state-bank-of-india">State Bank of India</keyword>, Kotak Mahindra Bank, Fino Payments Bank, Bank of Maharashtra, Indian Bank and <keyword id="5998660" type="UNKNOWN" weightage="20" keywordseo="Wipro-Lighting">Wipro Lighting</keyword>. Over the years, we have seen many brands build a huge social media following on the back of moment marketing. In fact, Amul is one brand that has garnered immense love for their take on almost everything topical. Amongst new-age brands, we have seen the likes of Dunzo and Zomato churn out relatable, topical content time and again. So following this incident, will agencies need to be doubly careful about how they go about communicating on topical issues, when using the names and images of individuals? Sharing his view on the development, <keyword id="244384" type="PERSON" weightage="20" keywordseo="Lloyd-Mathias">Lloyd Mathias</keyword>, Business Strategist and former Marketing Head of HP Asia, Motorola and PepsiCo India said, “Moment marketing is fantastic in itself and brands that have their own take on topical issues do get consumers attention. However, when a brand uses a specific individual and his/her achievements to gain commercial mileage without prior permission or getting into a contract with that individual, then it is unfair. Brands should display more maturity and seek permission from athletes or their agents before using them overtly or covertly.Most Indian sportspersons outside cricket could benefit from a brand association that may provide them support – that could be monetary, or in terms of exposure or facilities.” To ensure brands do not infringe upon the privacy of celebrities, the <keyword id="120108" type="ORGANIZATION" weightage="20" keywordseo="Advertising-Standards-Council-of-India">Advertising Standards Council of India</keyword> (ASCI) already has a code in place. The code says "Advertisements shall not, without permission from the person, firm or institution under reference, contain any reference to such person, which confers and unjustified advantage on the product advertised or tends to bring the person, firm or institute into ridicule or disrepute. If and when required to do so by ASCI, the advertiser and the advertising agency shall produce explicit permission from the person, firm or institution to which reference is made in the advertisement," and ads that do not comply with this requirement may be in violation of the ASCI Code. On how brands need to tread in situations like the current one, Manisha Kapoor, Secretary-General, ASCI said, “Brands need to be careful and calibrated about everything that goes into an ad, right from the visuals, the words, and the implication of their messaging. Advertisements are made with high involvement of strategic and creative resources, and it goes without saying that they must pay keen attention to aspects that can be challenged.” Moment marketing is all about coming up with relatable posts when something is making news and reaping the benefits of joining the trend. Agencies usually have very less time in which to churn out content that is relatable and shareable, which is possibly why a few miss out on checking on the legal aspects of putting up such posts. However, in the wake of this incident, agencies will need to be doubly careful, said <keyword id="11806503" type="UNKNOWN" weightage="20" keywordseo="Rajni-Daswani">Rajni Daswani</keyword>, Director – Brand Experience, So Cheers. On how agencies can avoid getting into trouble, Daswani said, “Agencies should definitely educated themselves on what they are and aren’t allowed to do because if they are providing that service to their clients, it is their responsibility to cross checking at their end. Secondly, brands can simply be creative without using individual names, image .You want to be a part of the moment, but you also don't want to get stuck into the legal implications. There are a lot of creative, indirect ways to do it and the internet is full of people who understand such indirect references.” Sharing a similar thought, Manesh Swamy, Sr VP - Creative, Social, PR, Marcom, <keyword id="3900173" type="PERSON" weightage="20" keywordseo="Logicserve-Digital">Logicserve Digital</keyword> said, “The IPLs and the World Cups have stricter copyright laws and hence you don't see pictures of cricketers but victory silhouette poses in branded posts. The Golds and Silvers are still rare for us, so people and brands go a little overboard genuinely to celebrate the Olympic feat. If the brand is just celebrating these small moments of joy without selling anything, I guess it shouldn't be harmful. To ace moment marketing considering the current situation, the best move would be to do surrogate advertising and play with the essence of the moment.” On what could be a simpler way of getting around issues like this while also being a part of the moment, Sushant Vithaldas - Head of Business, Schbang Bengaluru said, "For the larger audience of viewers and consumers, it’s very difficult to distinguish between a direct association and a congratulatory post or show of support by a brand. Significant progress is being made in the way influencers endorse a product with callouts for “#PaidPartnerships” or #Ad. A simple fix like this that carries the words “#MomentMarketing” on such posts is a far more easier way to address the issue and let brands and marketeers celebrate the moment in its true spirit." So can this incident lead to the way moment marketing is done in the future? Sanjay Mehta, Joint CEO of Mirum India said, “For the time being, since ASCI has come down heavily on brands that used these stars without permission, other brands will be sensitive to this idea, and won't use any names if they don't have the rights. Just like brands have got tuned to not abuse the IPL property and the cricketers' rights and privileges. Considering that these non-cricket sports and the sportspeople do not get much visibility ordinarily, these controls will unfortunately, make them even less visible, and brands will not err to the side of caution. They may not even mention a wrestling hero or a woman golfer, for not knowing if they have any other brand engagements and could create conflicts! Moment marketing around events of this kind, will get constrained and may be limited to acknowledging the sport and not the star. These are challenging new areas to tread on, in the digital age, and reforms to these rules, so that guidelines have a reasonable balance, will emerge, ultimately.”

As PV Sindhu takes 20 brands to court for using her name and image without permission, here's how agencies and brands can be careful with moment-marketing in the future

<ul><li>Today, Indian audiences are watching more online videos than ever before.</li><li>Nielsen studies show that home-bound consumers have led to a 60% increase in the amount of video content watched globally.</li><li><keyword id="3630874" type="General" weightage="20" keywordseo="dharika-merchant" source="Orion">Dharika Merchant</keyword>, COO, WORD and <keyword id="7844097" type="General" weightage="20" keywordseo="alchemy-group" source="Orion">Alchemy Group</keyword>, writes how <keyword id="12053839" type="General" weightage="20" keywordseo="influencer-talent-management" source="Orion">influencer talent management</keyword> as an industry wasn’t given it’s due importance or light up until very recently and how it is evolving with time. </li></ul>The last one year saw a complete upheaval of how content is consumed. As more and more people turned to social media for quick entertainment and distraction, we saw an increase in budding influencers and bloggers too. The rising popularity of <keyword id="2540701" type="General" weightage="20" keywordseo="influencer-marketing" source="Orion">influencer marketing</keyword> is hidden from none; interestingly, what has come as a by-product of the expansion of the industry is a surge in focus on influencer talent management. Brands today are allotting much larger marketing budgets specifically to influencer marketing. As branded content increases, so does content creation. The numbers speak for themselves- a majority of brands (<a href="https://influencermarketinghub.com/influencer-marketing-statistics/">59</a>%) have a standalone budget for content marketing, and 75% of them intend to dedicate a budget to influencer marketing in 2021. What’s interesting to note is that <a href="https://influencermarketinghub.com/influencer-marketing-statistics/">63</a>% of marketers intend to increase their influencer marketing budget in the next year. As the graph continues to rise from every direction, here is where Influencer Talent Management comes into the picture. For most part, influencer talent management does exactly what it says; manage influencer talent. However, it’s what is under this large gamut of ‘manage’ that makes things captivating. Earlier, talent management was rather restricted to either an HR and/or celebrity or artist management. Lately, as the very impact of influencers and their content has increased, so has the need for managing this umbrella of talent. Influencer talent management today has evolved drastically from what it was when it started. An increasing number of influencers are now looking to be represented by talent management experts. Talent Management experts, today, not just handle the onboarded talent but take care of everything at the backend, from A-Z. These experts are a storehouse of skills; starting from brand outreach and branded content, to storytelling, and managing finances, to name a few. What came as a repercussion of radical change in content consumption, has now become imperative for the industry. Influencer talent management bridges the gap between brands and influencers to ensure a seamless experience. Every brief is decoded, and each brand is connected to an influencer that perfectly fits the brief. This is then followed by carefully curating content which not just fulfills the brief, but also tells a story and caters to the influencers’ niche. The content planning process in itself can be quite taxing- branded content tends to see a lot of back &amp; forth between the talent and the brand and this is where talent management experts step in. These experts are able to oversee content, along with managing finances, curating insights and becoming a PR expert for the influencers. With the newly announced final draft of ASCI guidelines for influencers and branded content, it is becoming evident that branded content and influencer management is only set to rise. As these guidelines are put into effect, the challenge to now create organic yet branded content, and keep up with these guidelines is something the industry will struggle with in the beginning. Here is again, where talent managers will come into the picture. From understanding the very requirements of the guidelines, to ensuring it is followed by their talent is something that will be of key importance. From merely being a ‘managerial’ task, to now being a one-stop-shop for all things influencer related, influencer talent management has come a long way. Being able to provide the perfect end-to-end solutions for all influencers (&amp; brands!) on-board by a team of experts is commendable. This team takes responsibility for email handling, branded content, calendar management and in most cases, each plan is customized to suit the influencer and their requirements. It is believed that consumers prefer content that ‘looks organic’ and not advertised, however it is paramount to understand the immense hard work that goes into creating a single piece of content that satisfies multiple stakeholders. Influencer talent management as an industry wasn’t given it’s due importance or light up until very recently. As eyes turn towards this industry, so does the way it functions. The industry has evolved every step of the way, and will continue to do so as we progress.

How Influencer Talent Management is evolving with time

<ul><li>Social media trolls are not going to disappear from the internet anytime soon.</li><li>Trolls can heavily tarnish a brand’s image, also significantly impacting the brand’s marketing plans to promote any newly launched product or service. </li><li>Tanvi Bosmia, Associate Account Director - Brand Experience, SoCheers shares some tips on how to deal with social media trolls.</li></ul>We’re living in an era where access to the internet is super easy. People love sharing their unfiltered opinion on social media considering it has always been a space for freedom of expression whether it’s a compliment for the brand or a complaint against them. Each individual is entitled to their opinion, no matter the impact it could have on the person or the brand on the receiving end. Brands today need to have a social media presence, period. It’s the easiest way to reach an exponentially large audience. And with all the positive aspects of this exposure, there also comes a negative side - the Trolls! Though ‘boycott culture’ is as old as social media, unfortunately, 2021 can be labelled a year of outrage as many brands were made to pull off their ads. For instance, Tata’s jewellery brand, Tanishq, faced a considerable amount of backlash for its advertisement showcasing their new collection Ekatvam, featuring an interfaith babyshower. The brand got heavily trolled for promoting inter-faith marriages and “love jihad”, and soon saw a boycott trend as well. This led to a fall in stocks for Titan amid all the trolling and Tanishq pulling the video down, even though the Advertising Standards Council of India (ASCI) said that there was nothing indecent or vulgar or repulsive in the advertisement, to cause grave and widespread offense. Similarly, there were many campaigns like Manyavar’s “Kanyamaan”, Dabur’s Karwachauth ad, Sabyasachi's "Mangalsutra Collection'', FabIndia's “Jashn-e-Riwaaz” and so on and so forth, who faced major fallout for their progressive thoughts. Unfortunately, such trolls can heavily tarnish a brand’s image, also significantly impacting the brand’s marketing plans to promote any newly launched product or service. This also leads to the brand’s message getting lost in all the chaos created by these trolls. This in turn leads to upsetting consumers who are actually there with genuine intent. Here are some solutions for managing these troll situations better: <ol><li>Effective ORM Practices: Trolls don’t always easily stand out and it could be difficult for the brand to identify between an unhappy customer and a troll. Usually, trolls initiate a conversation which is controversial in nature whereas an unhappy customer will settle down once their complaint is addressed and resolved. The timing is super important and considering how fast social media platforms move, it’s essential for the brand to ensure that they respond within an hour’s time and give out a contact number/email ID to write to or simply ask them to “DM” (direct message) to take the conversation further. Any delay in response from the brand’s end can lead to speculation and stir up further agitation in the customer. Timely responses play a very important role and can go a long way in converting the unhappy customers into a part of their community which will also help in weakening the troll community.</li></ol>1. Do(n’t) Engage With Trolls: Once the brand has identified a troll, indulging in a conversation with them could be tricky. Anything that goes out from the brand’s handle on social media is a direct reflection on the company and one wrong response could have an entirely irreversible and negative impact on the brand image. Hence, responding with factually correct information can help defeat these trolls. Having said that, it is also difficult to reason with trolls and getting into an argument with them could only fuel the fire further. So, in such cases, the ideal solution for the brand would be to report their messages/comments and also watch out for anyone else interacting with the troll to avoid it from escalating. 2. Effective Crisis Management: Setting up a crisis committee who can create a plan of action that consists of all the possible solutions for every type of message or comment can help the brand to be prepared for anything that comes next and tackle it accordingly. Social Listening is a really effective way to monitor and track any negative sentiment that pops up about the brand on the internet and makes it easier to take action in real time. There are various listening tools that can help to effectively tackle the trolls, avert any such crisis and avoid the brand image from getting hampered. 3. Making Happy Customers Your Spokesperson: Set clear guidelines to ensure that all communication that goes out from the brand handle is religiously/politically safe and doesn’t hurt anyone’s sentiments. Identify brand ambassadors from their followers who ardently follow everything that they post and can speak for the brand, building a positive sentiment about the company. Maintain full transparency and put out content that showcases the values the brand stands for and how valuable their customers and their feedback is for them. This, in the long run will help build a community that will also police these trolls and stand by the brand in crisis situations. For instance, Flipkart got trolled last year after one of its service executives told a customer that the company cannot deliver goods in Nagaland because it doesn’t “deliver outside India”. The response was probably a genuine error; however, it was too late by the time Flipkart realized and apologized since they had already been hit by the trolls. To sum it up, social media trolls are not going to disappear from the internet anytime soon. The best way to avoid getting trolled is to be fully prepared and set up a process with the team that manages the brand handles on how they will deal with trolls or unhappy customers before any such situation arises. Once the process is in place, based on learnings, the brand can chart out a detailed plan of action on how they will address &amp; tackle the various different situations that could arise in the future and also ensure the brand image is intact.

Tackling trolling: How trolling affects brands

<ul><li><keyword id="2517934" type="PERSON" weightage="20" keywordseo="Bhuvan-Bam">Bhuvan Bam</keyword> has 20 million subscribers on YouTube, 11.5 million followers on Instagram and over 3 billion collective views for his videos.</li><li>Business Insider caught up with Bhuvan Bam and his right hand man <keyword id="228356" type="PERSON" weightage="20" keywordseo="Rohit-Raj">Rohit Raj</keyword>, who looks after the business of content created by Bam.</li><li>Raj runs Artist Aadmi – a boutique talent management agency and is also the business partner for Bam’s famous Youthiapa Fashion, a merchandise line.</li></ul>Bhuvan Bam is a man with multiple talents – an actor, <keyword id="2255176" type="PERSON" weightage="20" keywordseo="content-creator">content creator</keyword> and a singer. One of the first Indians to have 20 million subscribers on YouTube, 11.5 million followers on Instagram and over 3 billion collective views for his videos across platforms. Behind the scenes of it all, Business Insider caught up with Bhuvan Bam and his right hand man – Rohit Raj, who looks after the business of content created by Bam. Raj runs Artist Aadmi – a boutique talent management agency and is also the business partner for Bam’s famous Youthiapa Fashion, a merchandise line. <cmsannotation type="cmsannotation" annotationid="Beyond being a YouTuber" comment="subhead" text="Beyond being a YouTuber">Beyond being a YouTuber</cmsannotation> Bam also hosts a digital series on YouTube called 'Titu Talks' in which actor Shah Rukh Khan was featured as the first guest. Bam’s selling point has been the multiple fictional characters he has built, which he calls his ‘little universe’. But he’s ready to expand this universe in different platforms and formats. “People are ready to watch anything today. There are so many genres for a content creator to experiment. Content consumption and people’s preferences will keep changing too,” said Bam. The duo, who started working together in 2016, have also turned producer and launched BBkiVines Production Ltd, through which they are working on Bam’s first long format project, Dhindora. “Bhuvan was always very clear that we have spent so much time creating these characters and their universe and there is a recall for these characters. So, two years ago, we ideated that we should come up with a long format production house and that’s how BBkiVines Productions came into being,” said Raj. The merchandise line Youthiapa is also built on Bam’s characters and their popular one-liners. “We only sell it through our own e-commerce platform, and we design, produce and market it ourselves,” said Raj. While they didn’t share details of how the e-commerce brand has grown and the number of orders, they claim that they have ‘a couple of lakh’ customers solely by using Bam’s social media presence as marketing. <cmsannotation type="cmsannotation" annotationid="How do they choose brands?" comment="subhead" text="How do they choose brands?">How do they choose brands?</cmsannotation> Both of them laughingly admit that they used to work in their pyjamas, even before the work-from-home life started. While Bam is the brain behind the content he produces, Raj is the man who gets the business going. And both of them admit that it’s important for a content creator or <keyword id="1864633" type="PERSON" weightage="20" keywordseo="Influencer">influencer</keyword> to also think about the financial aspects of their business. “A content creator must think about the financial aspect of his work, the brands that are coming in. It’s important you realise this early. Don’t fool yourself. But obviously don’t neglect the creative process. If I can create content, build a market for it and also look at the finances, then I’m an all-round artist. All three aspects are very important,” said Bam. But just making money wasn’t what they had in mind. Raj works on aligning Bam’s content and the brands that come their way. “In the first one year of us working together, we went for a lot of commercial meetings but we didn’t convert all of them into business. We were clear about the brands we want to associate with or the way we wish to integrate these brands with Bhuvan’s videos. We wanted to keep it organic, we don’t go and hunt for work” he said. <cmsannotation type="cmsannotation" annotationid="Working with new laws and taxes" comment="subhead" text="Working with new laws and taxes">Working with new laws and taxes</cmsannotation> YouTube had <a href="https://www.businessinsider.in/tech/news/youtube-will-begin-deducting-us-taxes-from-payments-to-creators-as-early-as-june-2021-for-creators-outside-of-the-us/articleshow/81443725.cms">recently said</a> that for its creators in India and outside of the US, its parent Google said that it would begin deducting US taxes from payments to creators as early as June 2021 from creators outside of the US. Earnings from viewers in the US through ad views, YouTube Premium, Super Chat, Super Stickers, and Channel Memberships will be taxable. However, while they await more clarity Raj said that the taxation won’t be on the entire YouTube revenue. “For an Indian creator whatever money they are making out of the US, there will be a 24% deduction on that amount. So for people creating content in Hindi the damage will be lesser,” he said. But that’s not it. The Advertising Standards Council of India (ASCI) has released draft guidelines for the influencer community, which requires them to demarcate sponsored content clearly. But Bam isn’t worried about it, in fact he encourages the new guidelines. “As long as creators don't mislead the audience it’s fine. Many times people have posted things just to get people to click on it or visit a website. But so many influencers are now clearly mentioning that it’s a sponsored post,” said Bam. And Raj, the man who will have to ensure brands still get their way in the partnerships, goes back to his point of ensuring that even a sponsored post is made in a creative manner. SEE ALSO: <a href="https://www.businessinsider.in/science/space/news/how-water-reached-the-earth-it-always-had-it/articleshow/81986838.cms">The Earth did not get its water from asteroids — it may have had it all along</a> <a href="https://www.businessinsider.in/thelife/personalities/news/nethra-kumanan-the-first-woman-sailor-from-india-to-qualify-for-the-olympics/articleshow/81984720.cms">Meet Nethra Kumanan — the first woman sailor from India to qualify for the Olympics with a love for Bharatnatyam</a>

Bhuvan Bam and his partner-in-crime Rohit Raj share how they have turned the YouTuber’s content into a business

<ul><li>Followers can sue influencers for lying about liking a product under the Consumer Protection Act 2019.</li><li>Most online influencers in India do not reveal if they’re genuinely endorsing a product or if they’ve been paid to say nice things about it, even if it’s not true constituting ‘misleading advertisement’.</li><li>The fine can go as high as ₹10 lakh. </li><li>A Buzzoka survey finds that it’s not the brands of the influencers at fault, but influencer agencies who don’t wish for influencers to reveal whether or not they’re being paid. </li></ul>It’s not uncommon to see social media ‘influencers’ flaunt their latest purchases or talk about their favourite brands, online. In fact, it’s an integral part of being an influencer — mostly because fans believe the feedback is honest. If it’s not, followers are fully within their rights to sue the influencer under the Consumer Protection Act 2019. Fines for misleading advertising can go up to ₹10 lakh for the first offence. Repeat offenders can be charged up to ₹50 lakh. The reality is that a lot of influencers out there are raking in the big bucks, but they’re not necessarily disclosing that they were paid to endorse a particular product. To make matters worse, there’s nobody is standing at the gates to point out when it’s an ad and when it’s not. So, a particular ‘anecdote’ about comfy slippers might actually be a paid-for advertisement but followers would be none the wiser. Last month, two Bollywood actors — Govinda and Jackie Shroff were fined by a court for endorsing <a href="https://www.businessinsider.in/india/news/it-took-5-years-to-fine-jackie-shroff-and-govinda-for-endorsing-product-with-fake-promises-during-which-infomercials-in-india-doubled/articleshow/72217254.cms">products as a part </a>of infommercials which too traverse the <a href="https://www.businessinsider.in/india/news/it-took-5-years-to-fine-jackie-shroff-and-govinda-for-endorsing-product-with-fake-promises-during-which-infomercials-in-india-doubled/articleshow/72217254.cms">invisible line between truth </a>and fiction. Social media influencers have a wider reach and a deeper trust factor. When can you sue an influencer? Disclosure is one way to ensure transparency. Not telling a person that an ad is an ad isn’t technically wrong if you actually and genuinely believe in a product. The problem is when influencers intentionally lie or mislead their followers about how ‘awesome’ a new lipstick is when it’s actually not. Falsifying a product’s description, giving fake guarantees or deliberating keeping pertinent information from users is against the law if a person is being paid to do it — it falls under ‘misleading advertisements’, according to <a href="http://www.mondaq.com/article.asp?articleid=877176&amp;email_access=on">LexRidge Partners, Advocates and Solicitors.</a> It’s an especially grave concern in <keyword id="2540701" type="PERSON" weightage="20" keywordseo="Influencer-marketing">influencer marketing</keyword> because the relationship between the influencer and the followers has a lot to do with trust. The <keyword id="8484407" type="UNKNOWN" weightage="20" keywordseo="most-popular-influencers">most popular influencers</keyword> have their platforms because, at one point or another, they have ‘called it like they see it’ — reinforcing a level of honesty. Keep in mind that the influencer market isn’t restricted to make-up products and gadgets, even political parties — the most prominent of which is the BJP — uses influencers to power their brand, according to Buzzoka’s <a href="https://www.businessinsider.in/advertising/brands/article/top-three-social-media-platforms-to-be-used-for-influencer-marketing-in-2020/articleshow/72867621.cms">Influencer Marketing Outlook 2020</a>. The middle-man The fault does not lie solely on the influencer’s shoulders. And, contrary to popular belief, the brands aren’t entirely to blame either. Between an influencer and the brand, there’s usually a middle man — the influencer marketing agency. They are the ones that don’t want to disclose that an ad is an ad. This is true even if the brand and the influencer don’t have a problem with it, according to Buzzoka’s report. It’s because marketers see ‘word of mouth’ as one of the key reasons behind an influencer’s popularity. And, there’s no avoiding them. Brands believe influencer agencies to be the key link between markets and influencers. Moreover, influencers also believe that these agencies are the best way to get more deals under their wing. The bittersweet taste of success Currently, India’s influencer market stands at $75-150 million, according to AdLift, a digital marketing agency. And, it’s expected to increase as India’s data prices remain one of the cheapest in the world. At the same time, brands progressively believe that influencers are compromising on the authenticity of their content by signing up for too much simultaneously. Most agree that stringent rules need to be in place to control content association as per Buzzoka’s report. And it may well be. The Advertising Standards Council of India (<a href="https://www.livemint.com/industry/media/promoting-brands-on-social-media-the-ad-regulator-is-watching-11570556510818.html">ASCI</a>) is working new guidelines that will ensure that social media influencers have to disclose if they’re promoting a product. See also: <a href="https://www.businessinsider.in/careers/news/splitsvilla-11-winner-gaurav-alugh-became-an-instagram-influencer-from-a-marketing-consultant/articleshow/71918546.cms">A marketing consultant turned reality show star is now minting money on the internet</a> <a href="https://www.businessinsider.in/advertising/ad-tech/article/why-removing-instagram-likes-is-a-blessing-in-disguise-for-the-industry/articleshow/72770657.cms">Why removing Instagram likes is a blessing in disguise for the industry</a> <a href="https://www.businessinsider.in/business/news/a-pilot-and-instagram-influencer-with-nearly-half-a-million-followers-reveals-7-secrets-most-people-dont-know-about-the-job/articleshow/71986201.cms">A pilot and Instagram influencer with nearly half a million followers reveals 7 secrets most people don't know about the job</a> <a href="https://www.businessinsider.in/policy/news/an-instagram-influencer-was-sentenced-to-14-years-in-prison-after-a-crazy-plot-that-involved-holding-someone-up-at-gunpoint-for-a-domain-name/articleshow/72457351.cms">An Instagram influencer was sentenced to 14 years in prison after a crazy plot that involved holding someone up at gunpoint for a domain name</a>

YouTube and TikTok influencers beware — you can be sued up to ₹10 lakh for misleading your followers

<ul><li>2021, a year full of controversies saw brands turning to <keyword id="255227" type="General" weightage="20" keywordseo="public-relations" source="Orion">Public Relations</keyword> and Communications experts to save their reputation and regain consumer trust.</li><li>We look back at how PR evolved in 2021 and catch up with a few experts to discuss the trends that lie ahead.</li></ul>This year, we witnessed many brands become a victim of the boycott culture on social media and each of them adopted a different Public Relations and Communications strategy; while some decided to give in to the pressure, pulled off campaigns and maintained a low profile to cushion the blow, a few others stood their ground and fought back. Gone are the days where a brand could hope for social media controversies to die a natural death and wait for consumers to move on. Now, a small tweet can snowball into a boycott trend and a little bad PR move can cause a company’s stocks to plummet drastically or lead to a huge amount of audience permanently boycotting a brand. At the same time, some experts also advise that brands should not feed the trolls. So, in a year that saw numerous controversies, Public Relations and Communications experts proved their prominence yet again. They acted as the brand's anchor when needed and also helped them reach the shore successfully through tumultuous seas. During the initial stage of the lockdown, <keyword id="562730" type="General" weightage="20" keywordseo="pr-agencies" source="Orion">PR agencies</keyword> had to think on their feet, engage with editorial media to help brands share their side of the story with interesting nuggets, offer positive stories, work on personalised pitches, ensure internal and external stakeholders were updated frequently with utmost honesty and transparency. PR experts also pushed brands to connect with their communities on a personal level through truthful, authentic human acts. The crisis also caused paradigm shifts in the industry and digital PR took the center stage. Experts were required to monitor trends in real-time, find various consumer touchpoints through social listening and offer predictive analysis. As we move forward, PR agencies are working towards expanding their offerings with allied competencies like creative, experiential and social media capabilities. They have also been helping brands to find the right balance between profit, people and the environment. So, the future of PR is in strong storytelling in the digital world. The future is also unpredictable and PR professionals can’t rely on annual calendars anymore. With the news cycle changing every day, PR experts are required to be more flexible and agile. We reached out to experts to look back at 2021, discuss a few trends that lie ahead in 2022 and understand what kind of role will PR play next year. Here’s what they had to say: Archana Jain, Managing Director, <keyword id="12776689" type="General" weightage="20" keywordseo="pr-pundit" source="Orion">PR Pundit</keyword> The sway of top celebrities has diminished as was the case back in the days. With the advent of digital and social media, people have begun to trust recommendations from peers far more. Audiences find authentic content or recommendations by actual consumers to be more honest and believable than other forms of promotions and advertising by brands. This is reason enough for brands to actively nurture a community of advocates. PR will be required to work with brands to shape and foster a community of brand advocates. A set of loyal and vocal customers who can help humanise the brand in addition to boosting brand appeal &amp; trust, promoting its products &amp; services to new cohorts, providing invaluable user-generated content (UGC), word-of-mouth recommendations, and social media chatter. Community-led storytelling is more acceptable and authentic rather than a direct brand-led communication. Community advocacy will need to be consciously harnessed and not left to chance. 2022 will see many more brands structure a meaningful brand advocacy strategy. Ameer Ismail, President, <keyword id="10059988" type="General" weightage="20" keywordseo="lintas-live" source="Orion">Lintas Live</keyword> My biggest takeaway from 2021 is that agency brands and professionals have learned to be resilient and this is based on the multitude of challenges everyone has faced. Smart PR agencies have managed to reinvent themselves with offerings that are built for new realities and collectively have made sure that the relevance of PR is as strong as ever. While a move to everything digital will continue and a lot has been spoken and written about that, I feel that ‘collaboration and consolidation’ will be one the most important trends in that will emerge in 2022. This will be fueled by a few factors, first, resources will be deployed judiciously and talent will continue to be in short supply, the churn agencies have been experiencing at mid and junior levels will continue in 2022. This will lead to a need for agencies to find collaborative ways to deliver on client briefs and they will tap the vast pool of independent talent and specialized agencies and we will see newer collaborative models emerge. Second, clients will be in a hurry to get solutions from agency partners that can get their brands back in the mindspace of consumers and other target audiences. They will want to deal with fewer, better established partners which will lead to a need for consolidation. Deepshikha Dharmaraj, Chief Executive Officer, <keyword id="8878758" type="General" weightage="20" keywordseo="genesis-bcw" source="Orion">Genesis BCW</keyword> If there is one word that will be at the centre of everything in 2022, it is ‘people’. With the world—India included—teetering between recovery and anxiety around ever-evolving COVID variants, people will need to be communicated with, engaged, assuaged, motivated, retained, developed, and more. These people include every stakeholder a company has—customers/consumers, employees, partners, the government, the community at large. And public relations is the only marketing discipline that touches all of them. Digital will continue to be the medium of choice, and within that, metaverse will be flavour of the year. While the Indian industry still has some distance to cover in that, there is curiosity about this next big thing. No matter what the medium though, the message will have to be aligned to the company’s purpose. And delivered creatively, with authenticity. Akshaara Lalwani, Founder &amp; CEO, <keyword id="3573568" type="General" weightage="20" keywordseo="communicate-india" source="Orion">Communicate India</keyword> Over the past decade, PR has been moving away from traditional business models towards a more holistic and integrated approach. Whether it is the shift from pure media relations to content or the migration from print to digital, there is a marked change in the way the PR landscape functions. In 2022, this trend will further solidify its presence. There will also be a blurring of demarcation lines between PR, marketing and advertising, digital and offline, eventually leading to PR &amp; Communication professionals to further value the importance of integrated communications. Agility and the ability to pivot will thus be key attributes that will enable the industry to thrive. Also, since the protracted fight against the pandemic still continues, companies and organisations need to prioritise responsible communication over all else. We live in a world where the spread of disinformation and misinformation is not uncommon, hence, agencies need to be able to work in tandem with their clients to help them steer a middle course between capitalistic desires and ethical communication. Mayank Sen, Co-founder, Moe's Art For the longest time, ‘content’ has been the flavour of the season. At first, it began as an accessory, gradually ruling as a king on a kingdom. In 2020, content and its marketing became an undeniable powerful tool for businesses of all sizes. The evergreen axiom of marketing – ‘delivering the right content, to the right people, at the right time’ – took a redefined meaning. And for the times to come, the fundamental aspect of the content ecosystem will be founded on a framework of a performance driven-model, driven by contextual marketing. Within the emerging framework, data and technology will take a strong precedence. The industry will focus on delivering optimal consumer experience while capitalising on the opportunities in hand. Attention will be paid to provide more personalised and relevant content. Measuring the performance will make sure that the experience is scalable. It will present a continuous assessment of how the content is performing, and from that perspective, make decisions on what to do with the content in the future. Measuring success, building a cohesive brand story, and fostering a transparent, interactive consumer loyalty will be the ‘WIN-WIN’ strategy for the year to come! Asif Upadhye, Director and The Dark Knight at <a href="http://www.sprd.co.in/">SPRD</a> If 2020 and 2021 have taught us anything, it’s that moving forward at a snail’s pace is undoubtedly the quickest way to get left behind. While pre-pandemic, the public relations and communications industry was already making significant strides in technology by analyzing data to craft a better customer experience, the pace of digital adoption and the advent of a digital-first PR approach have been accelerated. From my own experience, a key ingredient across PR strategies, content marketing, corporate communications, and media coverage that will rule the PR roost in 2022 is the crucial need to customize bespoke services and products, every step of the way. From unified communications (UC) that are employee-centric to personalizing media pitches, customization sits at the heart of nearly every PR and communications trend. Customers are growing tired of the ‘media universe’ and now look for frameworks based on behavioral and business insights that truly put their needs front and center. Eventually, this is what will separate the mediocre brands from the greats. Case in point, the State of PR 2021 report points to the fact that flexibility, agility and attention to detail when it comes to personalizing something as simple as a pitch email is 96% more likely to grab a journalist’s eyeballs, rather than sending out a generic email blast. While consumer habits and employee working patterns that have been developed over the past year and a half are likely to continue well into 2022, hyper-personalization will bear fruit and result in more contextualized communication and inevitably greater conversions.” <keyword id="10618036" type="General" weightage="20" keywordseo="tarunjeet-rattan" source="Orion">Tarunjeet Rattan</keyword>, Managing Partner, <keyword id="12776690" type="General" weightage="20" keywordseo="nucleus-pr" source="Orion">Nucleus PR</keyword> There are three very distinct trends that we will see in the coming year: <ul><li>While the models of working and mediums will undergo a change, what will remain strong is the need for strong storytelling. What will change however is the degree of authenticity in storytelling. It will take a hard turn towards stark reality …almost raw. Consumers want to know why the brand matters, why they should care about it and what is the brand impact? How are you adding value to the life of the consumer? Authentic storytelling will win over aesthetics.</li><li>The role of the founding or leadership team will become even more crucial. One cannot hide behind a faceless brand persona or logo anymore. You will have to put yourself out there to create a strong, credible and believable story about your brand that brings out its authenticity. This also brings in a lot more accountability that brands will have to guard their reputation on. Consumers want to pick up brands that walk the talk. You cannot be a CEO that promotes mental health and fire your agency on twitter. You cannot be talking about environmental sustainability and create a toxic work culture for humans. It just won’t fly anymore.</li><li>Community Building will take Center Stage. We saw a strong glimpse of this across 2020 and 2021. This will gain more ground in the coming year where communities around a brand vision will be created and drive conversation around a challenge.</li></ul>Sonam Shah, Founder and CEO, Treize Communications 2021 saw high demand in PR, especially in the area of influencer marketing. Brands, big and small, capitalised on this rising trend in the first half of the year. But, once the ASCI guidelines came into place from June 2021, there was a downward slip observed in the engagement. Instagram algorithms underwent a great uphaul as influencers had to win against AI algorithms. This phase again got brands and companies to focus on creating news and building brand recall. While demand has been high for PR, there have been some apprehensions also noticed when it comes to being out in the open/media. The second half of this year, saw print media come back, as newspaper circulation started, and people started reading it like before. This behavioural change instigated a need to be present in Print media, via editorial articles, and this will be the biggest trend in 2022. The need to present in Print media. Print media has always been a factor in bringing in trust and authenticity and clients do require to build that kind of strong trust within their stakeholders to continue businesses in a post-pandemic phase.

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