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Balancing Creativity and Ethics in Advertising

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On February 14, 2007, the Information and Broadcasting Ministry of India issued a show-cause notice to Nimbus Communication (Nimbus), a private broadcaster, for showing ads that were alleged to be racist during the India-West Indies cricket series that was held between January 21 and January 31, 2007. The Ministry alleged that these ads showed West Indians in poor light.

Nimbus' Neo Sports (Neo) had the telecast rights for the India-West Indies and the India-Sri Lanka series in India.

In January 2007, Nimbus launched an ad campaign with the pay-off line 'Its tough being a West Indian in India'. One of these ads showed a West Indian, desperately searching for some water to drink as he is unable to handle the spicy Indian food, but the Indians put their fingers and dentures into the water to deny him from having a drink.

Another ad showed a boatman taking a West Indian couple on a boat-ride. Upon reaching the middle of the lake, the boatman throws off the oars into the lake and disrobes (giving the impression that there would be an assault on the girl), then, jumps into the lake leaving the couple stuck in the center of the lake.

Media experts opined that what Nimbus thought was a creative way of showing the competitive spirit in India, and create hype around its new channel, had actually trod a fine line between creative advertising and respecting ethical sensibilities.

Some critics felt that the two ads shown in the campaign were in bad taste and offensive as it showed people being mistreated on the basis of nationality/color. The ads were also criticized for showing Indians in bad light as India was known for its hospitality.

Atithi Devo Bhava or 'The Guest is God' is ingrained in the Indian culture and the Indian Tourism Ministry had adopted this slogan as part of their 'Incredible India campaign'. The ads that showed Indians putting tourists in trouble was clearly not in sync with this communication.

A public interest litigation (PIL) was filed against Neo, which demanded that Neo pay Rs 2 billion as 'damages' to the Union Government for hurting the "Indian pride and sentiments". The Advertising Standards Council of India's (ASCI) too received complaints against the ads.

Nimbus had defended its ads and denied the allegations of racism. It said the idea behind the ads was 'light hearted'. Some ad experts too supported this view and said that the ads was designed to make the audience laugh by showing the competitive spirit and passion for cricket in India in a creative way.

In fact, the ad agency that created these ads, Ogilvy & Mather (O&M), was highly regarded for its creative advertising and had consistently won awards for creative excellence in advertising.

For instance, in March 2007, it had won the 'Creative Agency of the year' award in the coveted 40th Annual Abby Awards, with a tally of 20 Golds, 47 Silvers and 2 Special Golds.

O&M too defended the ads and pointed out that though ASCI had asked Neo to stop airing the first ad, it had cleared its other ads including ads in another similar campaign with pay-off line 'Now, even Sri Lankans will have a tough time in India'. There was also no mention of racism by ASCI at that time.
 

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