REGULATORY ASPECT OF ADV.

• Section 292 and 293 of IPC 1860 –

Prohibit disseminating indecent matter
• Young Persons ( Harmful Publications Act)
1956
Disseminating harmful publications to persons
under 20
• Indecent Representation of Women Act 1986
indecent and derogatory depiction
• The Emblems and Names (Prevention of Improper Use )
Act 1950
• The Prevention of Insults to the National Honor Act 1971
national flag and constitution of India
• IPC 1860
Careful in ads of those dealing with lottries

• The Drugs and Magic Remedies Act 1954

claims of magical cure of ailments and physical conditions
- Commercial speech as a right of a businessman
- Public has the right to receive it
- Right to freedom of speech and expression
also includes right to read, listen and receive the
message
 Case of comparative advertising
• Comparing features of own product with
those of other’s
• Honest comparison of features not wrong
• But no infringement of trademark/ copyright
• No disparaging of the product
• Healthy competition via humour is allowed
• Don’t say that the others’ product is bad
 Case of misleading consumers

“most people read ads in the language they

commonly use. They would not try to read
something which is not there. Most people,
unlike critics, are not used to reading between
the lines; they would read in a plain manner. For
them, the words they use convey the literal
meaning , not the metaphorical meaning.”
 ADVERTISING AND ETHICS
• CRITICISM:
- Makes people buy which is not needed
- Creates unequal world
- Builds stereotypes
- Exaggerate facts
- Sexist
- Waste of money that should go in price
reduction or product improvement
• Shows virtues of ‘envy’ and snobbery’ as
virtues to be acquired, thus creating wrong
attitude
• Creates desire for materialism and excessive
consumption
• FAVOR:
- Helps people in making informed choices
- Creates competition among products
- Helps in getting better quality products at
lower price
-
 AAAI
• ADVERTISING AGENCIES ASSOCIATION OF INDIA
• Representative body
• Composed of small, medium and large-sized ad
agencies
• Protects business interests of ad agencies
• Example- collecting payment from defaulting
advertisers
• Dialogues with govt bodies, media and advertisers