REGULATING MISLEADING
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News: Advertisers to submit
self-declarations before promoting products in media, SC orders
What's in the news?
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To protect consumers from deceptive advertising,
the Supreme Court of India has mandated that advertisers must provide
self-declarations prior to promoting products through the media.
Regulation of
Advertisements in India:
Central Consumer
Protection Authority (CCPA):
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The CCPA, operating under the Department of
Consumer Affairs, regulates matters concerning consumer rights violations and
unfair trade practices.
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It is established under section 10 of the Consumer Protection Act, 2019.
Aim:
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To prevent false or misleading advertisements and
safeguard consumer rights.
Enforcement Guidelines:
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The CCPA enforces the ‘Guidelines for Prevention of
Misleading Advertisements and Endorsements for Misleading Advertisements,
2022’, empowered by the Consumer Protection Act, 2019.
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These guidelines aim to protect consumer rights by ensuring advertisements refrain from
unsubstantiated claims, exaggerated promises, and misinformation.
Provisions:
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The guidelines define various forms of misleading
advertisements and lay down provisions to protect consumers' rights to
information, choice, and safety.
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They outline duties of manufacturers, service
providers, advertisers, and advertising agencies to ensure transparency and
clarity in advertisements, enabling informed consumer decisions.
Penalties for
Violations:
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The CCPA can impose
penalties of up to 10 lakh rupees for manufacturers, advertisers, and
endorsers for misleading advertisements.
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Subsequent violations may attract penalties of up
to 50 lakh rupees.
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Endorsers of misleading advertisements can face prohibition from making endorsements
for up to 1 year, extendable to 3 years for subsequent violations.
Regulation by Food
Safety and Standards Authority of India (FSSAI):
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Deceptive advertising falls under Section-53 of the
Food Safety and Standards Act, 2006, making it punishable.
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FSSAI mandates truthful, unambiguous, and
scientifically substantiated advertisements through the Food Safety and
Standards (Advertisements & Claims) Regulations, 2018.
Legislations Governing
Advertising:
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Advertisement Standard Council of India (ASCI): A non-statutory tribunal enforcing advertising ethics through the ASCI
code, applicable to advertisements seen in India.
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Consumer Protection Act, 1986: Grants consumers rights
to information and redressal against misleading advertisements.
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Cable Television Network Act and Amendment Act: Regulates television advertisements to ensure compliance with prescribed
codes.
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Restrictions on Tobacco Advertisement: Prohibits tobacco
advertisements in all forms of media under the Cigarettes and Other Tobacco
Products Act, 2003.
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Drug and Magic Remedies Act, 1954 & Drugs and Cosmetics Act, 1940: Regulates drug advertisements to prevent misuse and false claims.
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Regulation of Prenatal Diagnostic Techniques Act, 1994: Prohibits advertisements related to prenatal sex determination.
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Criminality of Advertisements under Indian Penal Code (IPC): Prohibits obscene, defamatory, or inciteful advertisements, with offenses
punishable under IPC provisions.