Search for Articles ene “ind * Maa teens seaman conTRIEUTOR @Qu=mm o India: Advertising Law In India - Part 2 zo nupust 2012 wy Article by Hemant Goyal &jitende Ja 4.11 Length, Volume, and Frequency of Commercials ‘The Telecom Regulatory Authority of India has esued the Standard of Quality of Service (Duration of ‘Advertisements in Television Channels) Regulations 2012, which regulates the duration of broadcasting an ‘advertisement and the lent ofthe commercial Main features ofthese repulsion ae a under advertisements exceeding welve minutes in a coce our and any shortfall af adversement duration in any lock hour shallot be caried over by any broadcaster in any broadcast of is programme. The ume gap between end of ne advertisement session and the commencement of next, advertisement session shall not be less han een minutes thir mires In case ofa maw) However, his estrcion snot appliable to lve broadeast of a sporting event. 412 Nutritional Claims ‘The rusrtonal las by the advertiser for salng thelr product undergo a keen check by he Food Ssfety and Standards Authority of Ica whieh the country’s fod regulater under the provisions ofthe Food Safery& ‘Standard Act, 2006, This epultory ody reste any kind of false nutrtonal elas made bythe ompanies| and restrts them from broadcasting on television. 4.13 Rights of Privacy Electronic Media Monioring Centre of Mnisty of information & Broadcasting, Government of India made the selreglarory guidelines applicable to the Broadcasting Service Prowder to protect the pracy of an Indl 414 Regional Pubic and/or Community Standards Under the various legislation inclusing Cable Television Network Rules, 1994; Norms fr Journalist Conduct ‘stued bythe Press Counel of naa Act and ASCI Coda, na aavartisement ta hurt cammuntyor any section of society is alowed. Also, such advertisements are punishable under Islan Penal Code 1860. 4.18 Sexin Advertising ‘The Indian Penal Code 1860 proniits obscene pubiations, Further, the Indecent Representation af Women (Prohivition) Act, 1965 prohibits indecent representations af women, {416 Sponsorships Sponsorship by pracucs which are banned from advertising s restricted to proude ay kind of sponsorship. ‘Aso, and misleading representation of sponsorship isan unfair trade practice under the Consumer Protection 1 1986, 4.17 Subliminal Advertising ‘Tere are no [ws defining subliminal adversing ort restrict such practice. Although misleading advertisements ate banned and restrite, ler: | mayurb'31217axgmailcom a wr4.18 Sweepstakes Offers No current restriction However, any offer to deceive the consumers is restrited from advertising and a proper legal action wil be taken against them. Any testimonial must be ve fling which appropriate actions canbe taken by ASC and under the Consumer 4.20 Use ofa Public Parson's Image or Name Ne advertisement should be in wolation of Emblems and Names (Prevention ef Improper Use) Ae, 1950 4.21 Use of children in Advertising No currant restrictions but ether applicable avs need tobe followed. {4.22 Use of Foregn Language In Advertising No current restrictions but other applicable lows need tobe followed. 4.23 Use of Models as Doctors, Nurses, Lamyers, or ther Professionals ‘There ae no testritons onthe use of models as doctors nurses, of lawyers: however, there should be no misleading o controversial advertisement. 4.24Vilence in Advertising Cable Television Network Rules, 1994, Norms for Journalist Conduct issued by the Press Counelof india Ac [Advertsing Code of Doordarshan and ASC Code prohibits any volence in adversement. 5 Regulations Related to Media Channels 5. Billboars Advertsing ‘Qutsoor advertserent through billboards is regulated by jurstonal municipal corporavons. The content ofthe acverisement should however be in accordance with ASCI Code another applicable ws 5.2 Digital Media Advertsing (websites, online advertising, Socal Media Advertising) ebook and Twiter must ‘Online advertisement and website content including socal media stes sucha ‘comply witha range of marketing, consumer, privacy, and contract laws. Online advertisers should comply vith ASCI,the indian Penal Code he information Technology Act, 2000 and other applicable ws. Fortis purpose, the information Technalogy Act was amended in 201% 5.3 Direct Mal Advertising or Emall Advertising (Spar) ‘curently, no regulation exsts speci to this. However, any uch adveresement haste bein complance wth ‘the ASCI Code anc cther applicable laws 54 Newspaper Advertsing ‘The Press Council of India constituted under the Press Counc of nia Act 1978 has issued Norms for Journalist Conducta reference guide forthe press, These norms include advertising norms sib to prowsons inte ASC! Code and prohib incr alia advertisements that are vulgar advertisements promating ‘patetes, tobacco products, wine, lguor and athe incoxicats; advertisements hurting eligious oF ‘communal sentiments, or any advertisement protited by any eter law, Algo, ASC approached the Press Counel of india to incorporate the ASCI Code int ts epultons. 55 Periodical Advertising (regulary published print media: magazines, journals, newspapers) ‘The term "newspaper" under the Press Coun of India Act means any printed periodical work containing public news or comments on public news and includes such other clas f printed periodical work = may, ‘om time time, be notified in this behalf by the Central Government inthe Offigal Gazette Ary periodical virien sa newspaper as defined above has to comply wth Norms for Journalist Conduct isued by Press ‘56 Radio & Doordarshan Advertsing ‘The Code for Commercat Advertising on Daordarshan and Al india Radio All advertisement on Doordarshan and ll Ina Radi (‘AIR snouls conform tothe cade fsued by Director General of each Deordarshan and AR respectively These codes have also mandated complance tothe ASCI Code and in angeneral prohibit ary advertsement containing the following ‘rvs of trieny countries + attack on religions or communities Ovseenisy Detamation + tmetementt violence or anything against maintenance of lw and order + Conempeaf court + Aspersions against he inter ofthe present and judiciary ‘+ Anything compromising the integrity ofthe nation Crieism by name of any person 5.7 Telemarketing and SMS Marketing ‘Any person or legal entty engaging inthe atvyof telemarketing or bulk Short Message ServicngtSMS) 5 required register itselt with Telecom Regulatory Authority of Inia (TRA) and must comply with the uldeines laid down by TRAIin this spec Sa TVAdvertising ‘The advertising code issued under the Cable Teleislon Network Rules, 1994 require averting cared on ‘the cable service to conform tothe laws athe county and notto fend moralty. decency, or religious sensiles of te subscribers, The rules make the ASC Code compuleory or televsion and state that no _aaverisement wnich velates the ASCI Code shall be carried onthe cable service. Under the rules, no advertisement shall be permitted though cable services which: + Derides ary race, caste color cree, or naonaly + te against any provision ofthe Constitution of Indi + Tends to nce people to crime, cause disorder ar violence or breach a law o glories violence or ‘obscenity in any way + Presents cnminalty as desirable ‘xpos the national emblem, or any par ofthe Constitution or the person er personality ofa national leader ora State dignitary Ins depiction of werner, violstes the constitutional guarantees to al eran, In particular, no advertisement shall be permitted which projects a derogatory image of wemen + Exploits socal evils the dowry, child marrisge + Promotes director ineretiy production, sale or consumption of eigaretes, tobacco products wine, alcoho liquor or other intoxicants. However a product that uses a brand name or logo which i also sed for egarettes, bacco products, wine alcohal, quar ar other inoxicants, may be advertised subject to prescribed conditions + Prometes infant milk subsctutes, feeding bots, or infant food ‘+ Be wholly or malnly ofa religous or pollcal nature or be dreted towards any religious or political end + Conainreterences which hur religious sentiments + Endanger te safety of children or eraatesin chem any intrest in unhealthy practices or shows ther ‘begging or in an unclgntied or indecent manner Promote goods or services that sue rom any defector deficiency as mertioned in Consumer Protection Act 1988 + Contain references which are tkely to lea the public to infer thatthe produc advertised or any of ts Ingredients has some spedal or miraculous or super-natural property or qualty whens cficultco prove ‘+The plture and the auaible nate of the advertisement shal not be excessively “loud + Comain indecent, vulgar, suggestive, repulse o offensive themes «+ Alladvertsement shoul be dearly dsinguishable ors the programme and should net in any manner Icerfere with the programme viz use of lower part of sereen to carry captions, stati or moving alongside the programme + No prograrnme shall cary advertisements exceeding twelve minutes per hour, which mayinclude upto ten minutes per hour of commercial advertisements, and up to twe minutes per hour efa channel's seltpromotional programmes, 5.3. News Broadcasters Assocation Regulations: News Broadcasters ASsociationNBA’) represents the privat television news & current affairs Broadcasters i nda, NBA presently has 20 lading news and eureent affairs broadcasters (comprising 4S nevs and currant afars channels) as ts members. According to News Broadcasting Standards Regulator (NBA Regulations) issued by NBA any broadcast (which includes _dvertsement) shouls ben compliance wth NBA's cde of conduct. NBA's code has made procedure for ‘compliant agains broadcaster who in breach intr ais of te following: 2. Depiction of violence ar Intimidation against women and ciléren: Sex and nuit Endangering navonal secur: and searing fom advocating or encouraging superstition and occulsm6 Regulatory Agencies ‘The Secretary Broadcasting Content Complaints Counc ‘lo incian Broadcasting Founsation, 18.304, Ansa laa, New Deth 110087, nda Phone Nos, +91 1143798898 Faw No, «91 1143794455 malt bece@ibfnsiacom Website: yaw ings com ‘Scope of agency responsibilties: Independent counel et up bythe Inala Brcsdessting Foundation (IBF), India's premerorganation of television broadcasters, The cmplaints regarding content caries on TV channel are being adresse by Mins of Information and Broadcasting, Government of Inca a per he ‘extant provisions under the Cable Television Networks (Regulation) At, 1995 and related rules/guidtines. At ‘he industry level, BC examines complains about television programs including advertisement received ‘om the viewers or any other Sources, including NGOS, RWAS, Ministry of Information and Broadcasting _againstits members. BCCC ensures thatthe programs are in conformity wth the content guidelines. On ‘receiving consumer complaint, the agency vallates the information agains the ofl records BCC usually passes the ial orders within three weeks ofthe receipt af the complaint. Any drctveissued by the [BCCC to the IBF is binding 3nd must be implemented wih mmediae effec. n case of nonadherence ofthe rections of 8CCC bythe TV channel. it may inter alainiate actions to expel the concerned member and:o recommene the Ministry of Information and Broadcasting, Government of India for appropriate action {against the channel a per the law Incase of any complaints received by the BCC for a ehannel which is nat a member of BF, then such ‘complaint shal be forwarded tthe Ministry of Information and Broadcasting, Government of Indi or appropiate ction. ‘b ASCI and ASCr' Consumer Complaints Counell/ASCIs CCC) ‘The Secretary General ‘Te Advertsing Standards Courcilofinda, 219, Bombay Market, 78 Tardeo Road, Mumbal 400.034, la Tet +91 22 23813982, Fax: 49922 23516863, Email asei@vsnlcom Website: wut asclonine org Scope of agency responsiblties: Serves fr the redrassal af consumer complains and grievances. The ACT'S EC comprises + Twelve non-advertising professionals representing cul society, recognised opinion leaders in dscphinas su as medial, legal, industrl design, engineering, chemical technology, human resources and ARTICLE ‘Te ASCI's CCC decides upon the complains within a perie of four to six weeks after gvng the other party an oppartuniy of being hear the complaints upheld, then the advertiser ants agency are given two ‘weeks to comply with the ASCIs CCC decision. Noneomplant advertisements are published in ASCI=s Meola quarterly release on an ala basis Inthe case of noncompliant television advertisements, the advertiser In elation ofthe Cable TV Networks (Regulation) Act 1995 anc wil be reported tothe Misty of lntormatin {Broadcasting Government ofan the case of noncompliant advertisements othe press, ASC! wl Inform the Press Counel onda about breach ofthe ASCI Code, Electronic Media Monitoring Centre (EMMC) ‘The Director EMEC, 148, Ring Road IP Estate, New Dethi- 110002, Inca Telefax: #91 17 23372050 ral emmeindla@gmai.com Web URL: bewemmegouin Scope of agency responsibiliies: The FLMC was establishes bythe Minty of nfermation and ‘Broadcasting, Government of india with the am to have etfecive montoring of the content of various FM nd TY channels beaming ver Indian tector for any lation of the Programme Code, the Advertisement ‘cede various proisons of te Cable Televsin Networks Regulation Act, or any other law relevant tothe content of television channel. As er the selfzaglation mechanism ofthe EMME, it is esponsibiy of each broadcasting sevice proviser to ensure that each advertierent complies withthe ASC Code 4 Telecom Regulatory Authority of India (TRAD an‘Mahanagar Doorsanchar Bhawan Jowaharal Nebvu Marg (Ol Minto Road, New Delhi 170002 Phone No. 011-23236308, 23233466 Fax No 011-23215294 Email apetraigovin Wie: wun taigouin Wieb: tpuinecoral govinincenregitr/Welcome so ‘Scope of agency responsibiltes: The Telecom Regulatory Authorty of india (TRA was estabehed in 1997 ‘through an Act of Parlament. vz, the Telecom Regulatory Authority of Iai Act, 1997. Telacom Regulatory [Authonty one's mission fto ensure tna he interests of consumers ae protected and athe ame tne to ‘urtufe condition for growth of elecommmunications, broadcetng and cable serviesina manner and ata ‘ace which wl enable nda to play a easing rele inthe emerging global information society. “TRA has noted "The Telecom Commercial Communication Customer Preference Regulations, 2010" to cure rowing menace and effectively regulate unsoliced commercial als and messages (UCC), The Telecom ‘Commercial Communiations Customer Preference Portas 9 database containing 2 variety of information prescribed in “The Telecom Commercial Communiatons Customer Preference Regulations, 010" ‘customers who de nat wantta reaiva commercial communieatons cn rglter inet uly Blocks Category (stoppage of all commercial Cal/SMS) or Pataly Blocked Category (stoppage of all commercial ‘als except SMS) by sending prescribed message to 1909 with Nasional Customer Preference Register. ‘on successful registration, customer wl receiv an SMS confirming exercised options and a Unique Registration Number within 24 hrs, The regltraton wil be esfective within 7 days of placing the request with ‘he service provider. If customer receives UCC even afer 7 days of registration, he en register 8 complaint with his service provider within 3 days of receipt of such UCC by dang or sending SMS to 1909. Customers vil have to provide the telephone numberof header ofthe message fom whee the cal or message has ‘been recelved, short desertion of such call or message along with he date and time. ‘Customers not registered with NCPR can also dently the commercial cals because hey wil a come from ‘ures starting with 140. Tiss aseres spacial earmarked for telemarketers. ‘ress Counc ofindia ‘The Secretary Press Cound of Iria Soochna Bhavan, 8-C.6.0. Complex Lodhi Road, New Delhi 10003, Indi Phone: +91 11 24366746 Fae 191 11 2436580 fEmal:pei@alpha.nicin Wieb URL hpuipresscoundlincin Scope of agency responsibiliies: The Press Counc! of Inala "PC" functions under che Press Courell Act 1978. lesa statutory, quasbjudilal body which acts asa watchdog ofthe press. t adjuceates the complaints ‘against ad bythe press for lation of athes and for vclation ofthe freedom ofthe press respec PCI i headed ty a Chairman, who has by convention, been attired judge ofthe Supreme Cour of ina PCI ‘consis of 28 other members of whom 20 represent the press and are nominated bythe press organisationsnews agencies recognised and nots by PCI a al india bodies of categories such as eitors working journalists and owners and managers of newspaper, 5 members ae nominated from the two houses ‘of Pallament and 3 represent cual, iterary and egal Fels as nominees ofthe Sahitya Acasery, ‘Unversity Grants Commission andthe Bar Councl of India ‘A complaint against a newspaper should fst be taken up with the etor or other representative of the publization concerned. the complaints not resolved o saistaction of complainant, may be referred to Cl within twe ments of the publication of impugned news itr in case of dale and wees and four ‘monthsin al othr cases, along with the origna/photestat copy ofthe imaugned doping (Engish translation "the matter is in vernacular alongwith a copy of your ete othe editor & eto’ reply (On receipt ofa complaint made to or otherwise, i CIs prima face said tnt the matter ciscloses sutfient ground fr inguiy, issues show cause note to the respondens and then considers the mater ‘hough ts Inquiry Committee onthe basis of writen and oralevdence tendered before tan Inquly, PCI has reason te believe that the respondent newspaper has violated journals norms, PCI Keeping in ew the gravy ofthe misconduct commited by the newspaper, wams, admonishes or censures the newspaper or clsapproves the conduct ofthe edtor ar the journalist as the case maybe. kay abo direct therespordent ‘newspaper to publish the contradiction ofthe complainant ora ist of tre PC's derision ins forthcoming, {News Broadcasters Assocation and News Broadcasting Standards Authority News Broadcasting Standards Authority ‘lo News Broadcasters Assocation Ref, Of: Juris House Ground Floor,22 Inder Enclave, Paschr Vihar, New Delhi 110087, Inia Ema: authoriyenbanewe.com Wiob URL: bgwuw.cbanewdahi com Scope of agency responsibiliies: The News Broadcasting Slandards Authority of NBA perform ts funetions| and exercise the powers vested int under NBA Regulations in relation o, and upon, the mernbers and assodate members of NBA or in relation to such ether complaints or broadcasters and channels 35 may be ‘referred tothe Authority by the Ministry of information & Broadcasting or ather Ministry or other _overnmantal boay. Upon receving complain from ary aggrieved person, NBA wl isu notice tothe concerns broadcaster not latr than 14 fourteen) days from the date of receipt ofa complaint to show ‘cause why action should not be taken against such broadcaster. he aid Authority may afer inquiry, warn admonish, censure, express disapproval against andor imaose ane (of upto INR 100,000) upan the ‘broadcaster and of recommend to the concerned authority for suspensiarVrevocation of cense of such broadcaster {4 Ditector Genera of Al India Radio & Doordarshan Director General [i naa Rao, Parlament Steet, New Delhi India EMAIL: adgnews2@air.orgin, adgnews2.nsd@nicin Telephone No. +91 1123421209 Director General Doordarshan Bhawan, Copernicus Mar, New Delh- 110001, Inca Email webadmingdd nein Scope of agency responsibilities: To regulate the functioning of linia Radio ané Doordarshan. Complints ‘or repors on contraventions ofthe code received by Alina Radia/Deerdatshan may i the fst instant be ‘referred by D rector Generalte Adverse’ Associaton concerned wth request fr autable acon, ‘complaints under the Code cannot be satsfactoly resoved at Associations’ level, they shall be reported to Direcor General who wil then consider sutable ation. For any Complaints under the Code receved by Al nda Rado/Doordarshan concerning 2 party outside the purview of various member Assodation() the Director Genera wil draw attention of such party to the complaint and where necessary, ‘ake sutabe action onhis own, ‘national Consumer Dispute Redressal Commission Upbhokta Nyy howe Block, GPO Complex, INA, New Deh-110023 Faxto. 91 11 24658509 PBX No. 011-2as08801, 24608802, 24608805, 24608804 Wie: wu ncirenicin ‘Scope of agency responsibilities: To provide inexpensive speedy and summary reressal ofall ypes of consumer dispute through quasjudial bods in each District and State and athe National eval called the District Forums, the tate Consumer Disputes Redressal Commissions andthe National Consumer Disputes Reressal Commission respectively under the provisions of te Consumer Protection At 1986. The remedy Under tre Consumer Protection cts an alternative in adeton to that already avalable to the aggrieved persons consumers by way of cil su | Food safety and standards Authority of India (FSSA) Food Safety and Standards Authority af nda FDA Bhawan, Kola Road, New Delh-110002, nla Emal: admnetssaigovin EPABX: +99 1-23238975, Telefax: +91 1 23220094 Web: wanutssagouin Scope of agency responsibilities: FSSAIhas been created for lying down science based standards frais of food and to regulate their manufacture storage, dstrbutlon sale and import to ensure avalaelity of safe and wholesome fod for human consumption, | Central Drugs standard Control Organization (COSCO) Directorate General of Health Services nstry of Heath and Fanny Welfare ‘Government of India FOAnavan, TO, Kotla Road New Dethi-110002 Phone No. 011-23236965/28236975Fax: 017-23036973, Eraltdi@ndic in Webswucdsco.nicin Scope of agency responsibiilies: COSCO regulates the approval of new drugs, cncaltas in the county, bbying down te standards for drugs & medical devices, contol over the quality of imported drugs, testing of rugs, coordination ofthe activites of tae drug contol organisations and proving expert adwcewith 3 ‘ew of bring about the uniormty inthe enforcament ofthe Drugs and Cosmates Actin Ina 7 Advertising Pre-Clearance Agencies In nda presently there sno pre-cearance agency for advericemants although the advertisers have to take permission from te local municipal corporation they want to publcie thelr products through billboards or ‘through posters 8 Trends pt the present, a numberof factors have impeded protection of consumers as wel as other stakeholders ofthe acvertsng Industry. Notable among these factors are + The absence of any uniform advertising regulation or regulsting agency + tpettectve entorcement + Complaint redressal systems that are difcuk for most consumers to access + Lack of education amongst consumers + Overlapping junsccton of autores on lees relating te advertisement Presendly there are more than 150 TV channels and more than 82,000 restered newspapers In nal. To verify whecher thelr conten, including adversements, adheres tothe coces of conduct under various laws is 4 challenging task The numberof advertisements which are patent false and misleading, promoting {dubious products and making unsubstantiated claims s sigan. really, most of these advertisements ‘escape the serutny of reguloory bodies ‘With globateaton and economic iberalztion, the Indian markethas shown a tremendous growth in the ‘easly 19905 and according to Goldman Sachs, wil be the thrargest economy ofthe Worl by 2035, Ir response to ths tremendous economic growsh and industiaization the Indan government is continuously promulgacng advercsng regulations oulning the ways in whlch products and series can be advertised to ‘he general public and other stakeholders while protecting the consumers interests. However, te absence of Lniform leglsation and single regulator makes taficuRtoerfectively mplamentng any advertising related tow, Mos of sltregulting codes iesued by various industry arsociatons are contractually binding only on their members ard have no force of law Therefor, to protect the interests of consumers and their beFefin advertisement, itis necessary to have auiform legislation wth a single regulator who can provide expedient ‘ele and easy acess for consumers and other stakeholders Footnotes aor resale 8 Soetoro asc ovale nee et tng ne le ue Re No 2. unerene zn armen ee Sec zm elfen etry Sues dng eur cate by mieten aa To return to Part ofthis article click on Previous Page’ Ww