Dance the transparency tango: Strut around trust, tiptoe regulations

The Advertising Standards Council of India (ASCI) and the Department of Consumer Affairs (DoCA) collaboratively convened an interactive consultation in February 2024, focused on industry stakeholders operating in categories whose advertising is restricted. The primary objective was to address the pervasive issue of surrogate advertisements and to establish rigorous adherence to advertising regulations. During the same period, the Central Consumer Protection Authority (CCPA) urged companies to share a list of products marketed under the same brand as alcoholic beverages over the past three years. 

Developments like these are a glaring example of the quandary communicators face while devising ways to reach the intended audience. This is especially true for sectors that can have a critical impact on the health of people, such as pharmaceuticals, finance, tobacco, alcoholic beverages, and telecommunications.

While the regulations are the much-needed guardrails to ensure safety standards and foster healthy competition, they challenge the communicators when it comes to using creative licenses as profusely as their peers in other industries. The communication landscape in these highly regulated sectors is a labyrinth, where balancing influence and integrity becomes paramount, in turn demanding a strategic approach that leverages both education and effective communication.

Converging education and communication for trust

Prior to the rise of social and digital platforms, regulated industries relied on traditional media such as newspapers, magazines, and TV for communication needs. Today, the equation has flipped.

While information can be accessed easily, there is always a risk of misinformation. Consumer demand for transparency has compelled businesses to adopt strategies that operate in the periphery of the regulations.

To meet this evolving demand, communicators may choose to build trust through education-based messages. The pharmaceutical industry is a case in point—with multi-pronged communication efforts that aim to accommodate the realities of doctors, patients, and caregivers who need to make informed decisions based on the information they receive on a medicine or treatment methodology.

In dealing with people’s health and life, the pharmaceutical players carefully craft their message based on scientifically verifiable information, avoiding bold and attention-grabbing claims. During the pandemic, it took time for clinically tested treatments to emerge.

Governments and pharmaceutical companies actively debunked myths, preventing further harm from social media claims about home remedies. By prioritising education, the pharmaceutical industry showed its commitment to responsible communication within regulatory limits, fostering trust and strengthening brand reputation.

Embracing transparency in the digital age

One may find it counterintuitive, but regulations streamline communication, and in fact empower communicators. The proliferation of traditional and social media channels, coupled with existing norms, creates a landscape where well-crafted, informative messages have a higher chance of reaching their target audience and gaining traction. The constant threat of viral or fake news serves as a natural filter, ensuring messages are credible, in turn ensuring all communication is rooted in truth and transparency.

Here, communicators can also tap into the advances in artificial intelligence—a powerful tool at their disposal that can predict the likelihood of a story being believed and going viral or otherwise. These tools are critical for savvy communicators to navigate the current media landscape with precision and ease. They reduce the risk of legal pitfalls as such tools are likely to contain updated information about latest laws relevant to the specific industry.

Well-known English poet Alexander Pope may have saved his skin with the famous ‘To err is human...’. However, communicators across industries must practice caution and sound judgement while crafting a message.

For instance, the guidelines under the Digital Personal Data Protection Act 2023 have introduced stringent consent requirements, making advertisers responsible for obtaining explicit and informed agreements from users before collecting and processing their personal information for targeted advertising. This comes at a time when consumer data has become critical to devise targeted marketing strategies.

Designing communication in regulated sectors demands a strategic approach. While it can be challenging, the key lies in embracing the regulations and adopting an ethical and effective communication strategy.

Communicators must focus on educating consumers, leveraging data, embracing regulations, to establish themselves as trusted leaders in their respective fields. These progressive laws establish much-needed guardrails for the media and content creators, fostering a healthier landscape where credible information takes the center stage.

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