Wanted: Advertising regulatory body

This newspaper has received many letters from the public and senior citizens over the years on companies cheating the consumer through misleading and deceptive advertising of products.

Some ads take cover under the guise of being creative. But there’s a world of a difference between ‘creative’ and deception as a senior citizen recently discovered. In a letter, he explained how he was attracted by a bank ad promoting concessionary schemes for senior citizens. But when he went to this bank, he was told the scheme was not in force any more and the bank clerk tried to convince him into opening another account.

With a lot of transparency, accountability and business integrity in the air, one wonders why the powerful advertising industry hasn’t been able to come up with a self regulated mechanism to ensure ‘clean’ advertising in the media and other public areas.
The recent saga of the ‘Chillies’ and the drama before that between marketers and ad agencies; between creativity and effectiveness, all goes to prove the dire need for a regulatory body for the industry. We have gone down this road in the past and called for a combined effort by the ad industry but alas there have been many differences and the fall out from the last ‘Chillies’ event was an eye opener.

Misleading and deceptive advertising is not new in Sri Lanka and like we said earlier comes in various forms ostensibly to be ‘clean’ just like using the creative tag.

Among the most deceptive types of advertisements that we have commented on in the past is the plethora of holiday offers to global destinations with a price that doesn’t clearly say whether it’s one way or both ways. Taxes on the ticket which is equivalent to the air fare cost or event or even more is hidden in another part of the ad in small print or the standard ‘conditions apply’. Another classic – we discovered the other day – is that all what you see in an airline ad is not what you get. For example, airlines have a classification of economy/business/first class rates and even if the lowest rate in these classes is advertised, you may be unfortunate enough to book at a peak period when the airline offers its top rate in that class. Employment agents recently raised this issue with the Civil Aviation Authority saying it was unfair for airlines to quote different rates. But airlines say this is standard practice and depends on peak and off peak season.

Now will an Advertising Regulator look at it that way or conclude that it’s a misleading ad? There are a number of ads particularly in the food industry with all kinds of dubious claims and the only recourse to action so far is the Consumer Affairs Authority which is slow and ineffective, given the way it plays musical chairs whenever there is a change of government.

Just like the Press Complaints Commission, a self regulatory body set up by local newspapers and journalists where readers can complain if they have been defamed or falsely accused, an Advertising Regulator is a priority the industry cannot postpone.

Recently a credit card company withdrew a concessionary credit scheme for infant milk foods after consumers complained that this could not be advertised under the Code on Infant Milk Food marketing. The Consumer Affairs Authority decided to let off the company with a warning after the culprit pleaded ignorance of the rule.

With many ad award events being organised and a new one – the Effie’s – soon to be launched, a regulatory body will ensure consumers aren’t cheated or coerced into buying products. Ultimately it would benefit the ad fraternity industry more than anyone else and prove it’s a responsible group.

Another matter of concern that involves the ad industry is the public sites for hoardings. Many of them on public pavements are unsafe and affect the public’s unobstructed use of pavements. Isn’t there a law against obstruction of public access and what’s the Colombo Municipality doing about it?

Often these huge hoardings are just a few feet off the ground and pedestrians can easily walk into one of the pointed ends and suffer serious injury. These are a threat to public safety. While the municipality is responsible for this state of affairs, it is the responsibility of the ad industry and the heads of these companies of these products to ensure public safety in promotion. Isn’t this also social responsibility for the private sector apart from the usual CSR of handing out donations to the needy, books to children and sprucing up hospital buildings?