India:
Crypto And NFT Advertising Guidelines
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Advertising Standards Council of India
In India, there is only one body for Self-Regulation in
Advertising – the ASCI, which is concerned with safeguarding
the interests of consumers whilst monitoring/guiding the commercial
communications of Practitioners in Advertising on behalf of
advertisers, for advertisements carried by the Media, in their
endeavours to influence buying decisions of the Consuming
Public.
It has implemented a Code for Self-Regulation in Advertising. It
is a commitment to honest advertising and to fair competition in
the market-place. It stands for the protection of the legitimate
interests of consumers and all concerned with advertising –
advertisers, media, advertising agencies and others who help in the
creation or placement of advertisements.
ASCI encourages the public to complain against advertisements
which they consider to be false, misleading, offensive or unfair.
All of these complaints are evaluated by an independent Consumer
Complaints Council (CCC).
The Advertising Standards Council of India (ASCI) has recently
released guidelines for promotion and advertising of crypto and
NFTs with a view to protect consumers from misleading and
exploitative ads. The regulatory body has come up with the
protocols after consulting with industry experts and the
government.
The guidelines come right after this
year’s budget which announced a 30 percent
‘crypto tax’ on all digital assets and a 1 percent TDS for
each crypto-related transaction.
According to ASCI, all advertising for virtual digital
assets and services needs to follow the following
guidelines :
- The Advertising Standards Council of India (ASCI)
wants this disclaimer prominently displayed on ads and promotions
related to virtual digital assets (VDAs) like
cryptos or non-fungible tokens (NFT)“Crypto products and NFTs are unregulated and can be
highly risky. There may be no regulatory recourse for any loss from
such transactions.”Provided that such disclaimer shall be PROMINENT and UNMISSABLE by
an average consumer:
- In print or static, in an easy-to-read font, against a
plain background, and to the maximum font size afforded by the
space. - In video, at the end of the advertisement against a
plain background, must contain disclaimer in text in voice over. In
the case of long format video of over two minutes, disclaimer
should be repeated at the beginning and at the end of the video.
The disclaimer must remain on screen for a minimum of five
seconds. - In audio, the disclaimer must be spoken at the end of
the advertisement. In the case of long format audio of over 90
seconds, the said disclaimer should be repeated at the beginning
and at the end of the audio. - In social media posts, such a disclaimer must be
carried in both – the caption as well as any picture or video
attachments. - In disappearing stories or posts unaccompanied by
text, the said disclaimer will need to be voiced at the end of the
story. - The disclaimer in limited space must be used “Crypto
products and NFT’s are unregulated and risky” followed by
a link to the full disclaimer. - must be made in the dominant language of the
advertisement - must meet the minimum requirements of guidelines;
- In print or static, in an easy-to-read font, against a
- Words “currency“,
“securities“,
“custodian” and
“depositories” not to be used; - Not be contradictory to information or warnings that the
regulated entities provide to customers; - Shall contain clear, accurate, sufficient and updated
information on cost and profitability of VDA products; - Not provide partial of biased information on past
performance; - Not include return for period of less than 12 months;
- Must clearly state name and contacts details of
advertiser; - Not display any minor dealing with the product;
- Not portray that VDA products solve money problems, personality
problems or other such drawbacks; - Not contain statements that promise or guarantee future
increase in profits; - Not display that VDA is easy or downplay the risks;
- Not be compared to any other regulated asset class;
- Celebrities or prominent personalities who appear in VDA
advertisements must ensure that they have done their due diligence
about the statements and claims made in the advertisement, so as
not to mislead consumers.
The guidelines will be applicable to all virtual digital
asset-related ads released on or after April 1, 2022. Advertising
agencies and Media houses must also ensure that all earlier
advertisements must not appear in the public domain unless they
comply with the guidelines, post the 15th of April 2022.
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
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