In a move to protect consumer interest, the Advertising Standards Council of India (ASCI) has issued draft rules for advertising and promotions by influencers on digital media platforms saying advertising labels should be clearly visible for video content on all platforms, including mobile phones. For audio content, the disclosure will have to be announced before and after the content.
In the case of video not accompanied by a text post, the disclosure label should be superimposed on the video in a manner that is easily visible to the viewer.
“For videos that last 15 seconds or lesser, the disclosure label must stay for a minimum of 2 seconds. For videos longer than 15 seconds, but less than 2 minutes, the disclosure label stays for 1/3rd the length of the video. For videos which are 2 minutes or longer, the disclosure label must stay for the entire duration of the section in which the promoted brand or its features, benefits etc are mentioned. In live streams, the disclosure label should be placed periodically, for 5 seconds at the end of every minute so that users who see part of the stream can see the disclosure,” the guidelines said.
In case of social platforms like Instagram, the guidelines suggest that the disclosure label be superimposed on the image. The content cannot be digitally manipulated to show the product in better light. For YouTube and other media platforms, the guidelines suggest the label in the title/ description of the post.
For Facebook, the guidelines suggest to include the disclosure label in the title of the entry or post. If only the image/video is seen, the image/video itself must include the label for example FB story. In case of Twitter, the guidelines suggest the disclosure label or tag at the beginning of the body of the message as a tag. Influencers will also need to verify whether the claims being made in the advertisement are valid and can be substantiated.
Prominent labelling means people should not miss the disclosure and it should be suitable for all digital devices across phones, tablets and laptops. It needs to be visible regardless of the device used, or the platform such as website or app.
The guidelines come at a time where proper disclosure of paid engagements or the lack of it by celebrities and online influencers has come into question. With the new regulations, media consumers and followers can expect some checks to ensure that lightly-veiled advertisements are no longer promoted as information.
According to the guideline, filters should not be applied to social media advertisements if they exaggerate the claim that the brand is making.
The draft rules have been prepared in collaboration with digital and social media stakeholders and influencers. The guidelines are similar to the Federal Trade commission guidelines in the United States. It is open for public discussion and suggestions can be given until March 8. The final guidelines will be introduced by March 31 and it will be applicable to all promotional posts published on or after April 15, 2021.
“The disclosure label used to highlight advertising content needs to be upfront (within the first two lines of any given platform, such that
a consumer need not click on see more or have to scroll under the fold), prominent (so people don’t miss it), appropriate for the channel (what can you see and when) and suitable for all potential devices (it needs to be visible regardless of the device used, or platform such as website or app etc.),” the guidelines said.