ADVERTISMENT AND LAW
INTRODUCTION
To protect the consumer against misleading
advertisements a number of laws have been
passed .
it was started in 1860, when commercial
activities were included under the purview
of the Indian Penal Code.
IPC does not refer to advertising in
particular.
There are several legislations that control
the content of advertising.
Cable Television Networks (Regulation) Act,
1955
Press Council of India Act, 1978
Cable Television Networks(Amendment)
Rules, 2006
Drugs and Cosmetics Act, 1940.
Drugs Control Act, 1950.
Drugs and Magic Remedies (Objectionable
Advertisement) Act, 1954.
Copyright Act, 1957.
Trade and Merchandise Marks Act, 1958.
Prevention of Food Adulteration Act, 1954.
Prize Competition Act, 1955
Emblems and Names (Prevention of
Improper Use) Act, 1950
Consumer Protection Act, 1986.
Indecent Representation of Women
(Prohibition) Act, 1986
AIR/Doordarshan Code
Code of Ethics for advertising in India
issued by the Advertising Council of India.
Code of Standards in relation to the
advertising of medicines and treatments.
Standards of Practice for Advertising
Agencies.
INDIAN PENAL CODE
IPC provides that “a book, pamphlet, paper
writing, drawing, painting, representations,
figures or any other object shall be deemed
to be obscene if it is lascivious or appeals to
prurient interests or if its effect is such as to
tend to deprave and corrupt persons who are
likely, having regard to all relevant
circumstances, to read see, or hear the
message contained or embodied in it.
INDIAN CONTRACT ACT, 1872: governs
the rights and duties of advertising agencies.
THE DRUGS AND COSMETICS ACT,
1940: enables the Government to regulate
the import, manufacture, distribution and
sale of drugs and [Link]
DRUGS AND MAGIC REMEDIES (OBJECTIONABLE
ADVERTISEMENTS) ACT, 1954
The Act controls drug advertisements and
also advertisements of remedies stated to
have magical qualities known as magic
remedies.
This Act prohibits publication of
objectionable advertisements in newspapers
and magazines or otherwise relating to
alleged cures.
DRUGS & MAGIC REMEDIES ACT, 1954
Advertisement: “Advertisement” includes
any notice, circular, label, wrapper, or other
document, and any announcement made
orally or by any means of producing or
transmitting light sound or smoke. (Section
2(a) of the Act).
SECTION 2(b)
Drug: “Drug” includes:
(i) A medicine for the internal or external use of human being or
animals;
(ii) Any substance intended to be used for or in the diagnosis,
cure, mitigation, treatment or prevention of disease in human
beings or animals;
(iii) Any article, other than food, intended to affect or influence
in any way the structure or any organic function of the body of
human beings or animals;
(iv) Any article intended for use as a component of any
medicine, substance or article, referred to in sub-clauses (i) (ii)
and (iii).
Section 2(c)
Magic Remedy: “Magic remedy” includes a
talisman, mantra kavacha, and any other
charm of any kind which is alleged to possess
miraculous powers for or in diagnosis, cure,
mitigation, treatment or prevention of any
disease in human beings or animals, or for
affecting or influencing in any way the
structure or any organic function of the body
of human beings or animals.
OBJECTIONABLE ADVERTISEMENTS?
Section 3 of the Act prohibits
advertisements of certain drugs for
treatment of certain diseases and disorders.
Accordingly, no person shall take any part in
the publication of any advertisement
referring to any drug in terms, which suggest
or are calculated to lead to the use of that
drug for:
Contd..
(a) The procurement of miscarriage in women or
prevention of conception in women; or
(b) The maintenance or improvement of the capacity of
human beings for sexual pleasure; or
(c) The correction of menstrual disorder in women; or
(d) The diagnosis, cure, mitigation, treatment or
prevention of any disease, disorder or condition
specified in the schedule, or any other disease, disorder
or condition (by whatsoever name called which may be
specified in the rules made under this Act.
PROHIBITION OF MISLEADING ADVERTISEMENTS RELATING
TO DRUGS
Section 4 prohibits misleading advertisements
relating to drugs. Accordingly no person shall take any
part in the publication of any advertisement relating to
a drug if the advertisement contains any matter which:
(a) Directly or indirectly gives a false impression
regarding true character of the drug; or
(b) Makes a false claim for the drug; or
(c) Is otherwise false or misleading in any material
particular.
PROHIBITION OF MISLEADING ADVERTISEMENTS RELATING
TO DRUGS
Section 4 of the Act prohibits misleading
advertisements relating to drugs. Accordingly no
person shall take any part in the publication of any
advertisement relating to a drug if the advertisement
contains any matter which:
(a) Directly or indirectly gives a false impression
regarding true character of the drug; or
(b) Makes a false claim for the drug; or
(c) Is otherwise false or misleading in any material
particular
PENALTY
Any person contravenes any of the provisions of the
Drugs and Magic Remedies (Objectionable
Advertisements) Act, 1954 is punishable by the Act.
It takes two forms such as:
(a) In the case of a first conviction, with imprisonment
which may extend to six months, or with fine, or with
both;
(b) In the case of a subsequent conviction, with
imprisonment which may extend to one year or with
fine, or with both. (Section 7 of the Act)
YOUNG PERSON (HARMFUL PUBLICATION) ACT, 1956
This Act provides ‘penalty for a person who
sells, lets to hire, distributes, publicly
exhibits or in any manner puts into
circulation any harmful publication or for
purpose of sale, hire distribution, public
exhibition or circulation, prints, makes
known by any means whatsoever, that any
publication harmful for young people.
COPYRIGHT ACT, 1957:
This Act protects the copyright also protects
the right of the copywriter and other
creators of advertisements.
MONOPOLIES AND RESTRICTIVE
TRADE PRACTICES ACT
This Act and its amendments have made
special provisions for regulating misleading
advertisements and unfair trade practices .
CODE OF ETHICS BY ADVERTISING COUNCIL OF
INDIA
Advertising should be so designed as to confirm not
only to the laws but also the moral, aesthetic and
religious sentiments of the country.
No advertisement likely to bring advertising into
contempt or disrepute should be permitted.
Advertising should not take advantage of the
superstition or ignorance of the general public.
CODE OF ETHICS BY ADVERTISING COUNCIL OF
INDIA
No advertisements of talismans, charms and
character reading from photographs or such other
matter as will trade on the superstition of general
public shall be permitted.
Advertising should be truthful avoid distorting facts
and misleading the public by means of implications
and omissions.
CODE OF ETHICS BY ADVERTISING COUNCIL OF
INDIA
No advertisement should be permitted to
contain any claim so exaggerated as to lead
inevitably to disappointment in the mind of
the public.
Methods of advertising designed to create
confusion of the mind of the consumer as
between goods by one maker and another
maker are unfair and should not be used.
CODE OF ETHICS BY ADVERTISING COUNCIL OF
INDIA
Advertising should endeavour to gain the
goodwill of the public on the basis of the
merits of the goods or services advertised.
Direct comparison with competing goods or
firms and disparaging references are in no
circumstances permitted.
Vulgar, suggestive, repulsive or offensive
themes or treatments should be avoided in all
advertisements.
CODE OF ETHICS BY ADVERTISING COUNCIL OF
INDIA
The use of National Emblems is prohibited
by law in advertisements, trade marks, etc.,
except by Governmental agencies.
Advertisements addressed to those suffering
from illness. (the Code of Standards of
Advertising in relation to medicine must be
adhered to).
CODE OF ETHICS BY ADVERTISING COUNCIL OF
INDIA
Advertisements inviting the public to invest
money. Such advertisements should not
contain statements, which may mislead the
public in respect of the security offered,
rates of return etc.
CODE OF COMMERCIAL ADVERTISING ON
DOORDARSHAN
Any advertisement unduly influencing
children will not be accepted. Other types of
advertising to be rejected include the
following types of advertisements:
(i) that suggest in any way that unless the
children themselves buy or persuade others to
buy the products or services, they will be
failing in their duty or lacking in loyalty to any
person or organization;
(ii) which lead the children to believe that if they do
not own or use the product they will be inferior to
other children or that they will be condemned for not
owning or using it.
The Indian Newspaper Society
The Indian Newspaper Society (INS,
formerly IENS), an autonomous body with
members comprising newspapers and
magazines.
Developed a Code of Advertising Ethics.
The Indecent Representation of Women (Prohibition) Act, 1986
The depiction of women in an indecent or derogatory
manner in mass media.
Such offences are punishable with imprisonment
extending up to two years and with a fine extending
up to two thousand rupees on first conviction and for
second and subsequent convictions, a minimum
term of six months extendable to five years together
with a minimum fine of ten thousand rupees
extendable to one lakh rupees is prescribed.
ADVERTISING AND CHILDREN
No advertisement for a product or service shall be
accepted if it suggests in any way that unless the
children themselves buy or encourage other people
to buy the products or services, they will be failing in
their duty or lacking in loyalty to any person or
organization.
No advertisement shall be accepted which leads
children to believe that if they do not own or use the
product advertised they will be inferior in some way
to other children or that they are liable to be
condemned or ridiculed for not owing or using it.
