1.

Cable TV Networks (Regulation) Act 1995

This statute prescribes the procedure for the registration of any local and
national cable television networks and also regulates the advertisements
and programs aired on cable network in the country. The registering
authority, under this act, is the Head Post Master (HPM) of the Head Post
Office of that territorial jurisdiction in which that office of the cable
operator is situated.
As per the rules of this act, No advertisement which violates the code for
self-regulation in advertising, as adopted by ASCI, Mumbai for public
exhibition in India, from time to time, shall be carried in the cable
service.
2. Drugs and Cosmetics Act, 1940
This act provides for the legal framework to regulate the manufacture,
production and sale of all drugs & cosmetics in India. Using any report or
extract of report of a test or analysis made by the Central Drugs
Laboratory or a government analyst for advertising of a drug or cosmetic
is prohibited under this act and if any person is found using the same in
any advertisement, he can be fined up to Rs 500.
3. The Emblems and Names (Prevention of Improper Use) Act,
1950
This act prohibits the use by any private party of certain names, emblems,
etc in any kind of advertisements except under the exceptions provided
under the act. Any person using these prohibited emblems or names in
any commercial advertisements will be punished under the provisions of
this act.
4. Cigarettes and Other Tobacco Products (Prohibition of
Advertisement and Regulation of Trade and Commerce,
Production, Supply and Distribution) Act, 2003
This act is aimed at regulating the tobacco allied product business and at
prohibiting advertisements on tobacco allied products. The provisions of

this act expressly prohibits people from advertising for the cigarettes and
other tobacco products.
Section 12 of this Act gives power to any police officer, not below the rank
of a sub-inspector or any officer of State Food or Drug Administration or
any other officer, holding the equivalent rank being not below the rank of
Sub-Inspector of Police for to take action, if he suspects that the provision
of the Act has been violated.
5. The Drugs and Magic Remedies (Objectionable Advertisements)
Act, 1954
This act was enacted by the first independent government of India to
control the advertisement for drugs and magical cures. This Act extends to
the entire country except of the state of Jammu and Kashmir. Section 3 of
this act prohibits advertisements promoting drugs and other similar
commodities to cure, treat or diagnose any disease or syndrome specified
in the Schedule of Act. Section 5 of the Act prohibits advertisements of
magic remedies for treatment of certain diseases and disorders.
6. The Indecent Representation of Women (Prohibition) Act, 1986
This act prohibits representation of any women in an indecent manner in
the mass media. Not only the publishers but also the people involved in
the process of publishing such prohibited matter can be punished under
this act.
7. Trade and Merchandise Marks Act 1958
Trade and merchandise act regulates and governs the trade and other
activities of trading bodies. This act prohibits unlawful trade practices
such as publishing false trade description. Sec. 2(f) of the Act provides a
detailed definition for false trade description which include alteration or
addition in the true trade description which makes the description
misleading or untrue.
8. MONOPOLIES AND RESTRICTIVE TRADE PRACTICES ACT, 1969

This Act was enacted to regulate the economic system of India and to
prohibit monopoly in the trade practices. This Act addresses the problem
of restrictive trade practices and allied matters. Sec. 36A of this Act define
various types of unfair trade practices which includes:

False or misleading representation concerning the usefulness of any

goods or service.

Giving false or misleading facts disparaging the goods, services or

trade of another person.

Purporting to provide warranty or guaranty, if such purported

warranty or guarantee or promise is materially misleading or if there
is no reasonable prospect that such warranty, guarantee or promise
will be carried out.

Misleading the public regarding the actual price of any product.

9. Pre-Conception & Pre-Natal Diagnostic Techniques Act, 1994

This Act is enacted to curb the female feticide and to prohibit pre-natal
determination of sex. Sec. 22 of this Act also prohibits any advertisement
relating to pre-natal determination of sex. The term advertisement was
explained to include any notice, circular, label wrapper or other document
and also includes any visible representation made by means of any light,
sound, smoke or gas.
10.

The Prize Chits and Money Circulation Schemes (Banning)

Act, 1978
This Act was enacted to curb the lottery and other luck based games,
which include huge money. The Act prohibits various types of games
where the result is purely based on the luck factor. The Act also prohibits
the act of advertising for these prohibited games. Sec. 5 of the Act
provides punishments for any contravention of the rules of the Act.

11.

The Infant Milk Substitutes, Feeding Bottles and Infant

Foods (Regulation of Production, Supply and Distribution) Act,

199
The Act prohibits advertising, or taking part in the publication of any
advertisement, for the distribution, sale or supply of infant milk
substitutes feeding bottles or infant foods. Sec. 3 of the Act prohibits
advertising or taking part in the publication of any advertisement, for the
distribution, sale or supply of infant milk substitutes feeding bottles or
infant foods.
12.

The Transplantation of Human Organs Act, 1994

This enactment prohibits any advertising for the transplantation of human

organs. Sec. 19 of this Act provides punishment for the people publishing
or aiding for publishing any kind of advertisements regarding the
transplantation of organs and their rates.
13.

The Young Persons (Harmful Publications) Act, 1956

This Act is enacted to prevent the dissemination of certain publications

harmful to young persons. Sec. 3 of this Act provides punishment for
advertising by any means whatsoever that any harmful publication can be
procured from or through any person.

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