Misleading Advertisement
Misleading advertisement Complaint filing with The Advertising Standards Council Of India( ASCI)
ASCI serves as an effective pre-emptive step to statutory provisions in the sphere of media regulation for TV and radio programs in India.
Laws Governing Media, Society and the Consumer
- The Press Council Act 1978
- Cable Television Network Rules, 1994
- Code for Commercial Advertising on Doordarshan and All India Radio
- Electronic Media Monitoring Centre (EMMC)
- Norms for Journalist Conduct issued by the Press Council of India
- Code of Conduct of the News Broadcasters Association
- Emblems and Names (Prevention of Improper Use) Act, 1950
- Young Persons (Harmful Publications) Act, 1956
- Companies Act, 1956
- Standards of Weight & Measures Act, 1976
- Indecent Representation of Women (Prohibition) Act, 1986♣
- Laws related to intellectual property rights.
FSSAI signs an MOU with ASCI
The Food Safety and Standards Authority of India (FSSAI) signed a MoU partnering with the Advertising Standard Council of India (ASCI) for addressing misleading advertisements in the Food and Beverage sector, thereby ASCI will comprehensively monitor these advertisements across various media and to process the complaint. ASCI receive complaint through GAMA Portal: Grievances Against Misleading Advertisements (GAMA)
MAHARASHTRA REAL ESTATE REGULATORY AUTHORITY
The Maharashtra Real Estate Regulatory Authority (MahaRERA), on June 5, 2017, imposed a fine of Rs 1,20,000 on Sai Estate Consultants, for advertising an unregistered real estate project of Haware Builders and thereby, misleading the consumers. The agent has also been asked to tender an apology and refrain from indulging in such misleading advertisements [Read The Judgment
Misleading Advertisement under the Food Safety and Standards Act, 2006
Section 24. Restrictions of advertisement and prohibition as to unfair trade practices.
(1) No advertisement shall be made of any food which is misleading or deceiving or contravenes the provisions of this Act, the rules and regulations made thereunder.
(2) No person shall engage himself in any unfair trade practice for purpose of promoting the sale, supply, use and consumption of articles of food or adopt any unfair
or
deceptive practice including the practice of making any statement, whether orally or in writing or by visible representation which –
(a) falsely represents that the foods are of a particular standard, quality, quantity or grade-composition;
(b) makes a false or misleading representation concerning the need for, or the usefulness;
(c) gives to the public any guarantee of the efficacy that is not based on an adequate or scientific justification thereof:
Provided that where a defence is raised to the effect that such guarantee is based on adequate or scientific justification, the burden of proof of such defence shall lie on the person raising such defence.
Section 53. The penalty for misleading advertisement.
(1) Any person who publishes, or is a party to the publication of an advertisement,
which–
(a) falsely describes any food, or
(b) is likely to mislead as to the nature or substance or quality of any food or gives false guarantee, shall be liable to a penalty which may extend to ten lakh rupees.
(2) In any proceeding the fact that a label or advertisement relating to any article of food in respect of which the contravention is alleged to have been committed contained an accurate statement of the composition of the food shall not preclude the court from finding that the contravention was committed.
Issue: Misleading advertisements and related regulations in India
Advisory against promoting betting & gambling by CCPA (06/01/2024)