Guidelines are clear on how athletes can be congratulated by non-sponsors: Manisha Kapoor

In light of Olympic bronze medallist Manu Bhaker’s legal battle with brands, Manisha Kapoor, Secretary-general of the Advertising Standards Council of India (ASCI)  told e4m that the association's stance on the unauthorised use of athletes' likenesses, images, or videos is clear and consistent. 

Almost two dozen brands, including Bajaj Foods, LIC, FIITJEE, which aren’t affiliated with Bhaker, released congratulatory ads on social media featuring her images, after her two bronze medal wins at the Paris Olympics 2024. Given the legalities, Manu Bhaker’s marketing team served legal notices to these brands. 

Reputable, high-end firms have gotten in hot water in the past for trying to take advantage of a celebrity's fame through moment marketing. Badminton star PV Sindhu brought out lawsuits during the Tokyo Olympics 2021, requesting damages of Rs 5 crore from Perfetti Van Melle, P&G, Pan Bahar, and numerous other parties.

The marketing company of cricketer Prithvi Shaw served Swiggy and FreeCharge with "cease and desist" notices in 2018 for using his name and likeness for moment marketing. 

On this, Kapoor said, “Even during the earlier scenario, we highlighted the importance of respecting athletes' rights in advertising. Despite this, some brands may fall short of the guardrails already in place. The Olympics Code on advertising needs to be adhered to, and it has some very clear guidelines on how athletes can be congratulated by non-sponsors.”

ASCI directive issued earlier stated, “Advertisements shall not, without permission from the person, firm or institution under reference, contain any reference to such person, which confers an unjustified advantage on the product advertised or tends to bring the person, firm or institute into ridicule or disrepute. If and when required to do so by ASCI, the advertiser and the advertising agency shall produce explicit permission from the person, firm or institution to which reference is made in the advertisement”. Any non-compliance with this directive was declared to be a violation of ASCI’s Code.

Brands are required to ensure they have proper authorisation for using an athlete's likeness, images, or videos in advertisements, as unauthorised use can lead to potential misleading advertisements and violation of the ASCI Code, Clause 1.3, Kapoor highlighted.

Moreover, brands should avoid misleading consumers or implying non-existent endorsements, maintaining transparency and honesty to uphold consumer trust. 

She concluded, “At the same time, it's essential to be aware of any legal restrictions, such as those imposed by event organisers like the International Olympic Committee (IOC), to avoid potential violations during specific periods.”