Self-Declaration is Self-Regulation -2.0, but it is there because many agencies and clients have repeatedly defied the guidelines. The industry is trying to sort out the ambiguity on the process, coverage, and practicality of self-declaration. It is time to address some other issues, or a third-party intervention to regulate them is a sure possibility. These are issues the advertising-marketing industry has grappled with little success. Issues of ethical behaviour and fair play issues. These include unethical practices like plagiarising content, releasing unpaid-for work, exploiting ideas sourced through pitches without compensation or promoting concepts developed by previous agencies without agreed proper credit or payment. Trust me, the problem is far more significant than the small number of cases that get noticed or reported on public platforms.
The faith in the senior clients and industry stalwarts to act ethically and responsibly has repeatedly proven to be misplaced. After all, it is usually the very literate, aware clients who take calculated chances in full knowledge of their internal system and approval processes. The unjustified actions show their trust in their unethical actions going unchallenged. There is a definite absence of deterring penalties, and the slow pace of arbitration exacerbates the situation, turning these acts into one of smartness rather than infractions.
Industry associations have not been entirely passive observers. However, they have been unable to impose penalties or ensure compliance due to their limited mandate. We need a paradigm shift towards practical solutions that promote ethical behaviour within the industry. Self-regulation without outside intervention is preferable. A robust self-regulatory initiative with a broader scope, wider acceptance and compliance is required.
Here are some of the crowd-sourced ideas. They are not fully practical or tamperproof, but they are an excellent place to start the internal Manthan.
REWARD THE IDEA
Reward the creative agencies for their ideas, even if they have been executed/implemented by some other agency. This will ensure the originating agency receives recognition and reward for its intellectual property and the client does not run away with a Big long-term idea paying a short-term engagement fee.
REWARD WITH 10% OF THE INCREASE IN BRAND VALUE
The agency that creates the branding idea gets 10% of the increase in brand value published as an asset in the client company’s annual report. Brand value is monitored by an independent firm of CAs. To help agencies retain their top talent 5% of these ‘brand success fees’ go to the team that created the branding idea as long as the team members stay with the agency. (Sumit Roy, Univbrands)
CMO & BRAND ETHICAL SCOREBOARD
A process-led, publicly accessible, transparent system and process is maintained at the industry level. Everyone starts with equal points. Points are deducted for guidelines violations, unfair play and non-adherence to guidelines. The scores are available for anyone to check. It becomes a strong point and process if the brands refer to it as a checkpoint before hiring, and consumers can check while making their product decisions.
UNIONISED MARKETING ADVERTISING PROFESSIONALS
Mandatory union membership is required for all marketing advertising professionals. Companies can and should only hire union members. The union has the power and the authority to sanction non-compliant members. The members must remain updated aware, and follow all the processes and guidelines, including ASCI.
BLOCKCHAIN-SUPPORTED CREATIVE VAULT
All creative work is timestamped and stored in the blockchain-supported creative vault. A verifiable record is available to combat plagiarism and protect intellectual property.
PITCH TRIBUNAL
An industry body or part of an industry association that oversees pitch processes. It ensures fair compensation for ideas and pressurises clients to adhere to ethical pitch practices.
APOLOGY WITH AN IMPACT
Apologies for guideline violations must be released, and a minimum of 30 per cent of the media weight of the executed media plan must be obtained. It can help rebuild trust and maintain transparency, ensuring the apology is an apology of substance and a warning to others. Ensures the client does not get away with a token apology for a large campaign. Ensures that the audience exposed to misleading communication has equal chances of being exposed to the apology and be better aware/warned.
AD-LAUNDRY
Like News-laundry, an independent watchdog led by experienced advertising professionals who act as fact-checkers and myth-busters, ensuring accountability within the industry. (Rajiv Shukla, Partner Resonance Consulting)
Self-regulation remains the best approach, but it must be enforced with more robust measures, including reprimands and penalties. Saurabh Mathur, an entrepreneur with 30+ years of experience, aptly captures the ethical debate by suggesting the four fundamental rules that the industry must ensure. Nothing is Free. Pay for What Isn’t Yours: Fair Co-Creation Compensation and Credit Where Due.
NET NET. Ethical Practices
These ideas may not be fool-proof or practical, and may sound silly, they represent a possible starting point for a more ethical and compliant industry. The challenge remains to craft a most agreeable, accepted solution and implement it in all fairness. It may foster a culture of fairness and respect in the client-agency relationship. The other challenge is to have a robust system. It is different that the industry will creatively find escape routes and loopholes to exploit.
The industry must act and take it into the discussion for an early solution. If they fail to do so, it may be too late. The industry may not be able to resist a third-party intervention- which may kill it.
Meanwhile, on the issue of SELF-DECLARATION- I must add and reiterate- that if your ads do not carry misleading information or false claims and comply with the ASCI and other category regulators’ guidelines, there is nothing to worry about.
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