Laws related to Advertising in India

1. Introduction

At present in India, there is no central statutory agency or uniform legislation

regulating the advertising industry. The Indian advertising market as a whole is
regulated and controlled by a non-statutory body, the Advertising Standards
Council of India (ASCI). In the absence of uniform integrated legislation, it is
necessary for advertisers to ensure that an advertisement is in compliance with
all local and national advertising laws.

1.1 Role of the Advertising Standards Council of India (ASCI)

ASCI is a voluntary self-regulatory council established in 1985 to promote

responsible advertising and to enhance public confidence in advertisements. The
council's objectives are:

• To ensure the truthfulness and honesty of representations and claims

made by advertisements
• To ensure that advertisements are not offensive to generally accepted
standards of public decency
• To safeguard against the indiscriminate use of advertising for the
promotion of products regarded as hazardous to society or to individuals. •
To ensure that advertisements observe fairness in competition so as to
inform the consumer on choices in the marketplace while observing the
canons of generally accepted competitive behavior in business

ASCI consists of a Board of Governors and a Consumer Complaints Council.

The Board of Governors comprises four members from each of the four sections
connected with the advertising industry:

• Advertisers
• Advertising Agencies
 • Media (owners of press, television, radio etc.)
• Related sectors (e.g. outdoor agencies, PR, market researchers, ad
producers, business schools)

1.2 The ASCI Code: Self-Regulation of Advertising

To regulate advertisement in India, ASCI has adopted a Code for Self
Regulation in Advertising ("ASCI Code"), which applies to all involved in the
commissioning, creation, placement, or publishing of advertisements. This
ASCI Code applies to advertisements read, heard, or viewed in India even if
they originate or are published abroad so long as they are directed to consumers
in India or are exposed to a significant number of consumers in India.

Though non-statutory, the ASCI Code is recognized under various Indian laws
in addition to being adopted by advertising-industry bodies. Notably, the ASCI
Code provides that it is not in competition with any law,its rules, or the
machinery through which they are enforced, thus the ASCI Code is designed
only to complement legal controls under such laws and not to usurp or replace
them.

Types of advertisements and its rule and restrictions

Laws: Statutory Regulation of Advertising

Complementing the ASCI Code are Indian laws governing specific media,
specific populations, and specific goods and services. The most significant of
these laws are listed here.

Laws Governing Media

• 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
Laws Protecting Society and the Consumer

• 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 •
Consumer Protection Act, 1986
• Laws related to intellectual property rights

Industry-Specific Laws

• The Drugs and Cosmetic Act, 1940

• The Transplantation of Human Organs Act, 1994
• The Drugs and Magical Remedies (Objectionable Advertisements) Act,
1954
• The Prenatal Diagnostic Techniques (Regulation and Prevention of
Misuse) Act, 1994
• Advocates Act, 1961
• Infant Milk Substitutes, Feeding Bottles and Infant Foods (Regulation of
Production, Supply and Distribution) Act, 1992
• Securities and Exchange Board of India Act, 1992
• The Prize Chits and Money Circulation Schemes (Banning) Act, 1978 •
Cigarettes and other Tobacco Products (Prohibition of Advertisement and
Regulation of Trade and Commerce, Production, Supply and Distribution)
Act, 2003
• Public Gambling Act, 1867, the Lotteries (Regulation) Act, 1998 and the
Prize Competitions Act, 1955
• Indian Medical Council (Professional Conduct, Etiquette and Ethics)
Regulations, 2002
• The Food Safety & Standards Act, 2006

Law provision relating to advertisement

2 Products and Services Banned From Advertising

2.1 Tobacco

The Cigarettes and other Tobacco Products (Prohibition of Advertisement and

Regulation of Trade and Commerce, Production, Supply and Distribution) Act,
2003 ("Tobacco Prohibition Act") prohibits all direct and indirect adertising of
tobacco products in all media.

2.2 Human Organs

The Transplantation of Human Organs Act, 1994: This law provides for the
regulation of removal, storage and transplantation of human organs for
therapeutic purposes and for the prevention of commercial dealings in human
organs. This law prohibits any advertising inviting persons to supply, offering to
supply, any human organ for payment.

2.3 Magical Remedies

The Drugs and Magical Remedies (Objectionable Advertisements) Act,

1954 prohibits advertisement of magical remedies of diseases and
disorders.

2.4 Services for Pre-Natal Determination of Sex

The Prenatal Diagnostic Techniques (Regulation and Prevention of Misuse)

Act, 1994 prohibits advertisements relating to pre-natal determination of sex.
2.5 Infant formula

Advertising forbidden in order to encourage natural feeding of infants. See

details under Food.

2.6 Prize Chits and Money Circulation Schemes

The Prize Chits and Money Circulation Schemes (Banning) Act, 1978
prohibits advertisements relating to prize chit2and money circulation
schemes.

2.7 Physicians

Under the Indian Medical Council (Professional Conduct, Etiquette and

Ethics) Regulations, 2002, issued under the Indian Medical Council Act,
1956, physicians are not allowed to advertise their services in any form or
manner of advertising through any mode, as soliciting of patients directly or
indirectly, by a physician, by a group of physicians, or by institutions or
organizations is unethical. (A physician refers to a doctor with a qualification of
MBBS or MBBS with a postgraduate degree/diploma or with an equivalent
qualification in any medical discipline.) However, medical practitioners are
allowed to make a formal announcement in press regarding the following:
 • On starting practice
• On change of type of practice
• On changing address
• On temporary absence from duty
• On resumption of another practice
• On succeeding to another practice
• Public declaration of charges

2.8 Legal Services

The Bar Council of India Rules formulated under the Advocates Act 1961
strictly enforce the advertisement ban and publicity rules governing law
firms' websites. These rules were enacted and enforced to curb the false
advertisement of lawyers to gain publicity to attract clients.

3 Regulations Related to Product and Service Advertising

3.1 Alcohol (Beer, Wine, and Spirits)

The Cable Television Network Rules, 1994, the Advertising Codes of

Doordarshan, and the All India Radio and Norms for Journalist
Conduct issued by the Press Council of India prohibit any advertisement
directly or indirectly promoting the production, sale, or consumption of
cigarettes, tobacco products, wine, liquor, or other intoxicants. However, some
states allow advertising through billboards, signboards etc. but subject to many
restrictions. Also, the ASCI Code prohibits use of minors for advertising
alcohol products.

3.2 Professionals such as Chartered Accountants, Company Secretaries & Cost

Accountants

These professionals are prohibited from soliciting clients or professional work

by advertisement. However, they may issue advertisements about their firm or
services of their firm, through any mode of transmission, having inter alia
details of names of partners, address and website, telephone, mobile, e mail,
fax number of the member, year of establishment, additional recognized
qualifications, languages spoken by the partner(s), honours or awards in the
field of teaching, research, authorship etc.

3.3 Firearms, Weapons, and Ammunition

Sale and purchase of such items requires a license from government authorities.
Therefore, advertisements related to such products are not permissible in India
under the Arms Act, 1959.

3.4 Food

As per the Food Safety & Standards Act, 2006, no advertisement relating to
the standard, quality, quantity or grade-composition, and no representation
concerning the need for, or the usefulness of any food can be made which is
misleading or deceiving or which contravenes the provisions of this law or rules
and regulations made thereunder.

3.5 Infant Milk Food

The Infant Milk Substitutes, Feeding Bottles and Infant Foods (Regulation
of Production, Supply and Distribution) Act, 1992 prohibits the advertising
of infant milk substitutes or feeding bottles.

3.6 Gaming (gambling, games of chance; differentiate between private-sector

and "state" lotteries)3

The federal structure in the Constitution of India explicitly gives the States the
right to legislate upon "gambling and betting". The Public Gambling Act, 1867
prohibits gambling activities in India. However, the Public Gambling
Act permits games of mere skill. In April, 2011, the Information Technology
Act, 2000 was also amended to ban Internet gambling and online betting
websites. The Lotteries (Regulation) Act, 1998 gives power to the concerned
State government to hold lotteries subject to prescribed conditions. Under
section 294-A of the Indian Penal Code, advertisements of a lottery unless it is
in accordance with the Lotteries (Regulation) Act shall be punishable.

The Prize Competitions Act, 1955controls and regulates prize competitions in

certain parts of India and prohibits the advertisement of unauthorized prize
competitions.

3.7 Medical Devices

The authority principally responsible for regulating medical devices in India is

the Central Drugs Standard Control Organization ("CDSCO") under the
provisions of the Drugs & Cosmetics Act, 1940. CDSCO's functions include
regulating the medical devices industry by approving for import, manufacture
and sale of medical devices in India.

3.8 Medical Services

An institution run by a physician for a particular purpose such as a maternity
home, nursing home, private hospital, rehabilitation centre or any type of
training institution etc. may be advertised in the lay press, but such
advertisements should not contain anything more than the name of the
institution, type of patients admitted, type of training and other facilities offered
and the fees. Please also see 2.7 above.

3.9 Nutritional Supplements: It is regulated under the Food Safety and

Standards Act, 2006.

3.10 Occult ("Psychic") Services

These services are not legally recognized in India and are not permissible under
the Drugs and Magical Remedies (Objectionable Advertisements) Act, 1954

3.11 Pharmaceuticals (over-the-counter and prescription medications)

The phrase over-the-counter (OTC) has no legal recognition in India. All the
drugs not included in the list of "prescription-only drugs" are considered to be
non-prescription drugs (or OTC drugs). Prescription-only drugs are those
medicines that are listed in Schedules H and X of the Drug and Cosmetics
Rules, 1945.
3.12 Tests and Lab Analysis

The Drugs and Cosmetic Act, 1940 prohibits advertisements for any drug or
cosmetic from using reports of tests or analysis of the Central Drugs
Laboratory or by a government analyst.

3.13 Political Candidates, political platforms, political parties, political issues

The Representation of the People (Amendment) Act, 1996 has the following
provisions relating to advertisements:

a. prohibit advertisements for a period of forty-eight hours ending with the

hours fixed for conclusion of polling for any elections in a given polling
area.
b. use of displaying posters, signboards etc. for political advertisement in
any public place strictly in accordance with the relevant provisions of the
local laws.
c. equitable opportunity to all political parties and candidates to have access
to public advertisement space for election related advertisements during
the election period.
 d. use of private premises for political advertisement only with the voluntary
permission of the occupant.
e. prohibition of any and all advertisements at the cost of the public
exchequer regarding achievements of the political party/ruling
government.

The statute provides for a penalty of imprisonment and/or fine for anyone,
including advertisers, who contravenes these provisions.

3.14 Products Related to Sexuality (condoms, ED drugs, etc.)

Advertisements related to sexuality are allowed with the provision that there
should not be any indecent representation of women under the Indecent
Representation of Women (Prohibition) Act 1986. Products must comply
with the Drugs and Cosmetic Act 1940 and other certification rules under
the Cable Television Network Rules 1994.

3.15 Religion

Under the Cable Television Networks Rules 1994, Advertising Codes of

Doordarshan & All India Radio and Norms for Journalist Conduct issued
by the Press Council of India, advertisement based on religion or to hurt
religious sentiments are not allowed. Also, such advertisement may be
punishable under Indian Penal Code 1860.

3.16 Securities

The Securities and Exchange Board of India (Prohibition of Fraudulent

and Unfair Trade Practices Relating to Securities Market) Regulations,
2003 issued under section 30 of the Securities and Exchange Board of India
Act, 1992 prohibits fraudulent or unfair trade in securities. These regulations
further provide that dealing in securities shall be deemed to be a fraudulent or
an unfair trade practice if it involves an advertisement that is misleading or
contains distorted information and which may influence the decision of the
investors.

3.17 Sexual Services

Advertisement pertaining to sexual services is illegal in India.

3.18 Tobacco Products (cigarettes, cigars, snuff, pipe tobacco)

Please see para 2.1 above.

3.19 Toys

There is no specific restriction on the advertisement of toys provided they are in

compliance with other applicable laws.

3.20 Advertisement by Companies

The Companies Act 1956stipulates that no deposits from the general public
should be accepted by public companies (other than non-banking financial
companies) without issuing advertisement following the prescribed norms. The
Companies Act has also specified various provisions relating to advertisement
by Indian companies.

3.21 Advertisement Relating to Packaged Goods, etc.

The Standards of Weight & Measures Act, 1976 prohibits issuing

advertisements otherwise than in accordance with the provisions of this law.

4. Regulations Related to Advertising Methodology

4.1 Advertising to Children (advertising during and immediately before and

after children's programming)

The Young Persons (Harmful Publications) Act, 1956 prohibits

advertisements relating to any harmful publication i.e., any publication that
tends to corrupt a young person (person under the age of 18 years) by inciting or
encouraging him or her to commit offenses or acts of violence or cruelty or in
any other manner whatsoever.

According to the ASCI Code, advertisements addressed to minors shall not

contain anything, whether in illustration or otherwise, which might result in
their physical, mental, or moral harm or which exploits their vulnerability. For
example, advertisements may not:

• Encourage minors to enter strange places or to converse with strangers in

an effort to collect coupons, wrappers, labels or the like
• Feature dangerous or hazardous acts which are likely to encourage minors
to emulate such acts in a manner which could cause harm or injury • Show
minors using or playing with matches or any inflammable or explosive
substance; or playing with or using sharp knives, guns, or mechanical or
electrical appliances, the careless use of which could lead to their suffering
 cuts, burns, shocks, or other injury
• Feature minors in promoting tobacco or alcohol-based products •
Feature personalities from the field of sports, music, or cinema for
products which, by law, either require a health warning in their
advertising or cannot be purchased by minors.

4.2 Celebrity Endorsements

No current restrictions.

4.3 Comparative Advertising (ads that compare the advertiser's product to that
of a competitor)

The provisions pertaining to comparative representation were part of "Unfair

Trade Practice'' under the Monopolies and Restrictive Trade Practices Act,
1969 (MRTP Act). After repeal of the MRTP Act, the provisions relating to
unfair trade practices were inserted in the Consumer Protection Act, 1986.
However, a business entity cannot claim relief against unfair comparative
advertising under the Consumer Protection Act, as a business entity is not a
consumer. This can be taken up only by consumer associations, the central
government, or state governments, and it does not provide protection to the
business entity equal to the protection under the MRTP Act. Thus, under the
existing law, a manufacturer whose goods are disparaged has no standingto seek
a remedy. Presently, in the absence of any specific legislative regulating
comparative advertising, disputes are decided by various courts on the basis of
the facts in each case. However, ASCI code (which is made part of the Cable
Television Network Rules, 1994 as well) permits advertisement containing
comparisons including those where a competitor is named in the interests of
vigorous competition and public enlightenment, provided:
a. It is clear what aspects of the advertiser's product are being compared
with what aspects of the competitor's product.
b. The subject matter of comparison is not chosen in such a way as to confer
an artificial advantage upon the advertiser or so as to suggest that a better
bargain is offered than is truly the case.
c. The comparisons are factual, accurate and capable of substantiation. d.
There is no likelihood of the consumer being misled as a result of the
comparison, whether about the product advertised or that with which it is
compared.
e. The advertisement does not unfairly denigrate, attack or discredit other
products, advertisers or advertisements directly or by implication.

Presently, ASCI is actively taking action against any advertisements making

unsubstantiated claims, exaggeration, unfair denigration in violation of ASCI
Code.

4.4 Contests (games of chance and games of skill)

The Public Gambling Act, 1867 prohibits gambling activities in India.

However, the Public Gambling Act permits games of mere skill.

4.5 Deceptive or Misleading Advertising

Deceptive or misleading advertisements are restricted under the various

legislations including the Consumer Protection Act, 1986; Cable Television
Network Rules, 1994; Norms for Journalist Conduct issued by the Press Council
of India Act and ASCI Code.

4.6 Surrogate Advertising

The ASCI Code provides that advertisements of products whose advertising is

prohibited or restricted by law or by the ASCI Code must not circumvent such
restrictions by purporting to be advertisements for other products the advertising
of which is not prohibited or restricted by law or by ASCI Code. To determine if
there is an indirect advertisement of prohibited products due attention shall be
given to the following:

a. Visual content of the advertisement must depict only the product being
advertised and not the prohibited or restricted product in any form or
manner:
b. The advertisement must not make any direct or indirect reference to the
prohibited or restricted products
c. The advertisement must not create any nuances or phrases promoting
prohibited products
d. The advertisement must not use particular colours and layout or
presentations associated with prohibited or restricted products e. The
advertisement must not use situations typical for promotion of
prohibited or restricted products when advertising the other products.

The Cable Television Networks Rules, 1994 has also imposed similar
restrictions to curb surrogate advertising.

4.7 Advertorials and Disguised Ads

The Norms for Journalist Conduct issued by the Press Council of India, Cable
Television Network Rules, 1994 and Advertising Code of Doordarshan requires
that advertisements must be clearly distinguishable from news content carried in
the newspaper.

4.8 False Advertising

False advertisements are restricted under the various legislations including the
Consumer Protection Act, 1986; Cable Television Network Rules, 1994; Norms
for Journalist Conduct issued by the Press Council of India Act and ASCI Code.

4.9 "Free" Gifts/Samples

The Consumer Protection Act 1986, Section 2 (3) (a) states that (i) the offering
of gifts, prizes or other items with the intention of not providing them as offered
or creating impression that something is being given or offered free of charge
when it is fully or partly covered by the amount charged in the transaction as a
whole, or (ii) the conduct of any contest, lottery, game of chance or skill, for the
purpose of promoting, directly or indirectly, the sale, use or supply of any
product or any business interest, is an unfair trade practice.

The Norms for Journalist Conduct issued by the Press Council of India has
stated that gift including those given by the advertisement agencies for
publication of material relating to their clients or otherwise should not be
accepted by the journalist.

4.10 Free Speech (specific limitations, e.g. personal slurs, defamation, political
statements)

Article 19(1)(a) of the Constitution of India protects the right to freedom of

speech and expression, which is also extended to advertisements. However, like
any other right, this freedom is also subject to reasonable restrictions imposed
by Article 19(2) of the Constitution of India.
Furthermore, the ASCI Code states that no advertisement shall be permitted
which:

• Derides any race, caste, colour, creed, or nationality

• Tends to incite people to crime or to promote disorder and violence or
intolerance
• Presents criminality as desirable or directly or indirectly encourages
people, particularly minors, to emulate it or conveys the modus
operandi of any crime
• Adversely affects friendly relations with a foreign state.
 Development of law relating to advertisement from last 20 years

Up to the present, a number of factors have impeded protection of consumers as

well as other stakeholders of the advertising industry. Notable among these
factors are:

● The absence of any uniform advertising regulation or regulating agency

● Ineffective enforcement
● Complaint redressal systems that are difficult for most consumers to
access
● Lack of education amongst consumers
● Overlapping jurisdiction of authorities on issues relating to advertisement

Presently there are more than 150 TV channels and more than 82,000 registered
newspapers in India. To verify whether their content, including advertisements,
adheres to the codes of conduct under various laws is a challenging task. The
number of advertisements which are patently false and misleading, promoting
dubious products and making unsubstantiated claims is significant. In reality,
most of these advertisements escape the scrutiny of regulatory bodies.

With globalization and economic liberalization, the Indian market has shown
tremendous growth in the early 1990s and according to Goldman Sachs, it will
be the third-largest economy of the world by 2035. In response to this
tremendous economic growth and industrialization, the Indian government is
continuously promulgating advertising regulations outlining the ways in which
products and services can be advertised to the general public and other
stakeholders while protecting the consumers' interests. However, the absence of
uniform legislation and single regulator makes it difficult to effectively
implement any advertising related law. Most self-regulating codes issued by
various industry associations are contractually binding only on their members
and have no force of law. Therefore, to protect the interests of consumers and
their belief in advertisement, it is necessary to have a uniform legislation with a
single regulator who can provide expedient relief and easy access for consumers
and other stakeholders.
 Constitutional rights available in this advertisement field,

4.11 Length, Volume, and Frequency of Commercials

The Telecom Regulatory Authority of India has issued the Standard of Quality
of Service (Duration of Advertisements in Television Channels) Regulations,
2012, which regulates the duration of broadcasting an advertisement and the
length of the commercial. Main features of these regulations are as under:

1. advertisements exceeding twelve minutes in a clock hour and any shortfall

of advertisement duration in any clock hour shall not be carried over by
any broadcaster in any broadcast of its programme.
2. The time gap between end of one advertisement session and the
commencement of next advertisement session shall not be less than fifteen
minutes (thirty minutes in case of a movie). However, this restriction is
not applicable to live broadcast of a sporting event.

4.12 Nutritional Claims

The nutritional claims by the advertiser for selling their product undergo a keen
check by the Food Safety and Standards Authority of India which is the
country's food regulator under the provisions of the Food Safety & Standards
Act, 2006. This regulatory body restricts any kind of false nutritional claims
made by the companies and restricts them from broadcasting on television.

4.13 Rights of Privacy

Electronic Media Monitoring Centre of Ministry of information & Broadcasting,

Government of India made the self-regulatory guidelines applicable to the
Broadcasting Service Provider to protect the privacy of an individual.

4.14 Regional Public and/or Community Standards

Under the various legislations including Cable Television Network Rules, 1994;
Norms for Journalist Conduct issued by the Press Council of India Act and ASCI
Code, no advertisement to hurt community or any section of society is allowed.
Also, such advertisements are punishable under Indian Penal Code 1860.
4.15 Sex in Advertising

The Indian Penal Code 1860 prohibits obscene publications. Further, the
Indecent Representation of Women (Prohibition) Act, 1986 prohibits indecent
representations of women.

4.16 Sponsorships

Sponsorship by products which are banned from advertising is restricted to

provide any kind of sponsorship. Also, and misleading representation of
sponsorship is an unfair trade practice under the Consumer Protection Act, 1986.

4.17 Subliminal Advertising

There are no laws defining subliminal advertising or to restrict such practice.

Although misleading advertisements are banned and restricted.

4.18 Sweepstakes Offers

No current restriction. However, any offer to deceive the consumers is restricted

from advertising and a proper legal action will be taken against them.

4.19 Testimonials

Any testimonial must be true failing which appropriate actions can be taken by
ASCI and under the Consumer Protection Act 1986.

4.20 Use of a Public Person's Image or Name

No advertisement should be in violation of Emblems and Names (Prevention of

Improper Use) Act, 1950.

4.21 Use of Children in Advertising

No current restrictions but other applicable laws need to be followed.

4.22 Use of Foreign Language in Advertising

No current restrictions but other applicable laws need to be followed.

4.23 Use of Models as Doctors, Nurses, Lawyers, or other Professionals

There are no restrictions on the use of models as doctors, nurses, or lawyers;

however, there should be no misleading or controversial advertisement.

4.24 Violence in Advertising

Cable Television Network Rules, 1994, Norms for Journalist Conduct issued by
the Press Council of India Act, Advertising Code of Doordarshan and ASCI
Code prohibits any violence in advertisement.

5 Regulations Related to Media Channels

5.1 Billboard Advertising

Outdoor advertisement through billboards is regulated by jurisdictional

municipal corporations. The content of the advertisement should however be in
accordance with ASCI Code and other applicable laws.

5.2 Digital Media Advertising (websites, online advertising, Social Media

Advertising)

Online advertisement and website content including social media sites such as
Facebook and Twitter must comply with a range of marketing, consumer,
privacy, and contract laws. Online advertisers should comply with ASCI, the
Indian Penal Code, the Information Technology Act, 2000 and other applicable
laws. For this purpose, the Information Technology Act was amended in 2011.

5.3 Direct Mail Advertising or Email Advertising (Spam)

Currently, no regulation exists specific to this. However, any such advertisement

has to be in compliance with the ASCI Code and other applicable laws.

5.4 Newspaper Advertising

The Press Council of India constituted under the Press Council of India Act 1978
has issued Norms for Journalist Conduct, a reference guide for the press. These
norms include advertising norms similar to provisions in the ASCI Code and
prohibit, inter alia, advertisements that are vulgar; advertisements promoting
cigarettes, tobacco products, wine, liquor, and other intoxicants; advertisements
hurting religious or communal sentiments; or any advertisement prohibited by
any other law. Also, ASCI approached the Press Council of India to incorporate
the ASCI Code into its regulations.

5.5 Periodical Advertising (regularly published print media: magazines, journals,

newspapers)

The term "newspaper" under the Press Council of India Act means any printed
periodical work containing public news or comments on public news and
includes such other class of printed periodical work as may, from time to time,
be notified in this behalf by the Central Government in the Official Gazette. Any
periodical which is a newspaper as defined above has to comply with Norms for
Journalist Conduct issued by Press Council of India.

5.6 Radio & Doordarshan Advertising

The Code for Commercial Advertising on Doordarshan and All India Radio4: All
advertisement on Doordarshan and All India Radio ("AIR") should conform to
the code issued by Director General of each Doordarshan and AIR respectively.
These codes have also mandated compliance to the ASCI Code and in general
prohibit any advertisement containing the following:

● Criticism of friendly countries

● Attack on religions or communities
● Obscenity
● Defamation
● Incitement to violence or anything against maintenance of law and order
● Contempt of court
● Aspersions against the integrity of the president and judiciary
● Anything compromising the integrity of the nation
● Criticism by name of any person

5.7 Telemarketing and SMS Marketing

Any person or legal entity engaging in the activity of telemarketing or bulk Short
Message Servicing(SMS) is required to register itself with Telecom Regulatory
Authority of India (TRAI) and must comply with the guidelines laid down by
TRAI in this respect.

5.8 TV Advertising

The advertising code issued under the Cable Television Network Rules, 1994
require advertising carried on the cable service to conform to the laws of the
country and not to offend morality, decency, or religious sensibilities of the
subscribers. The rules make the ASCI Code compulsory for television and state
that no advertisement which violates the ASCI Code shall be carried on the cable
service. Under the rules, no advertisement shall be permitted though cable
services which:

● Derides any race, caste, color, creed, or nationality

● Is against any provision of the Constitution of India
● Tends to incite people to crime, cause disorder or violence or breach of
law or glorifies violence or obscenity in any way
● Presents criminality as desirable
● Exploits the national emblem, or any part of the Constitution or the person
or personality of a national leader or a State dignitary
 ● In its depiction of women, violates the constitutional guarantees to all
citizens. In particular, no advertisement shall be permitted which projects
a derogatory image of women
● Exploits social evils like dowry, child marriage
● Promotes directly or indirectly production, sale or consumption of
cigarettes, tobacco products, wine, alcohol, liquor or other intoxicants.
However a product that uses a brand name or logo which is also used for
cigarettes, tobacco products, wine, alcohol, liquor or other intoxicants,
may be advertised subject to prescribed conditions
● Promotes infant milk substitutes, feeding bottles, or infant food5
● Be wholly or mainly of a religious or political nature or be directed
towards any religious or political end
● Contain references which hurt religious sentiments
● Endanger the safety of children or creates in them any interest in
unhealthy practices or shows them begging or in an undignified or
indecent manner.
● Promote goods or services that suffer from any defect or deficiency as
mentioned in Consumer Protection Act, 1986
● Contain references which are likely to lead the public to infer that the
product advertised or any of its ingredients has some special or
miraculous or super-natural property or quality which is difficult to prove
● The picture and the audible matter of the advertisement shall not be
excessively "loud".
● Contain indecent, vulgar, suggestive, repulsive or offensive themes
● All advertisement should be clearly distinguishable from the programme
and should not in any manner interfere with the programme viz, use of
lower part of screen to carry captions, static or moving alongside the
programme.
● No programme shall carry advertisements exceeding twelve minutes per
hour, which may include up to ten minutes per hour of commercial
advertisements, and up to two minutes per hour of a channel's
self-promotional programmes.

5.9 News Broadcasters Association Regulations: News Broadcasters

Association("NBA") represents the private television news & current affairs
broadcasters in India. NBA presently has 20 leading news and current affairs
broadcasters (comprising 45 news and current affairs channels) as its members.
According to News Broadcasting Standards Regulations (NBA Regulations)
issued by NBA any broadcast (which includes advertisement) should be in
compliance with NBA's code of conduct. NBA's code has made procedure for
compliant against broadcaster who in breach inter alia of the following:
 1. Depiction of violence or intimidation against women and children;
2. Sex and nudity;
3. Endangering national security; and
4. Refraining from advocating or encouraging superstition and occultism.

6 Regulatory Agencies
a Indian Broadcasting Foundation and Broadcasting Content Complaints
Council ("BCCC")

The Secretary Broadcasting Content Complaints Council

C/o Indian Broadcasting Foundation,
B-304, Ansal Plaza, New Delhi 110047, India
Phone Nos. +91 11 43794488
Fax No. +91 11 43794455
Email: bccc@ibfindia.com
Website: www.ibfindia.com

Scope of agency responsibilities: Independent council set up by the Indian

Broadcasting Foundation ("IBF"), India's premier organization of television
broadcasters. The complaints regarding content carried on TV channels are
being addressed by Ministry of Information and Broadcasting, Government of
India as per the extant provisions under the Cable Television Networks
(Regulation) Act, 1995 and related rules/guidelines. At the industry level, BCCC
examines complaints about television programs including advertisement
received from the viewers or any other sources, including NGOs, RWAs,
Ministry of Information and Broadcasting, against its members. BCCC ensures
that the programs are in conformity with the content guidelines. On receiving a
consumer complaint, the agency validates the information against the official
records. BCCC usually passes the final orders within three weeks of the receipt
of the complaint. Any directive issued by the BCCC to the IBF is binding and
must be implemented with immediate effect. In case of non-adherence of the
directions of BCCC by the TV channel, it may inter alia initiate actions to expel
the concerned member and to recommend the Ministry of Information and
Broadcasting, Government of India for appropriate action against the channel as
per the law.

In case of any complaints received by the BCCC for a channel which is not a
member of IBF, then such complaint shall be forwarded to the Ministry of
Information and Broadcasting, Government of India for appropriate action.

b ASCI and ASCI's Consumer Complaints Council (ASCI's CCC)

The Secretary General,

 The Advertising Standards Council of India,
219, Bombay Market, 78 Tardeo Road, Mumbai 400 034, India
Tel: +91 22 23513982,
Fax: +91 22 23516863,
E-mail: asci@vsnl.com
Website: www.ascionline.org

Scope of agency responsibilities: Serves for the redressal of consumer

complaints and grievances. The ASCI's CCC comprises:

● Twelve non-advertising professionals representing civil society,

recognised opinion leaders in disciplines such as medical, legal, industrial
design, engineering, chemical technology, human resources and consumer
interest groups; and
● Nine advertising practitioners from member firms of ASCI.

The ASCI's CCC decides upon the complaints within a period of four to six
weeks after giving the other party an opportunity of being heard. If the
complaint is upheld, then the advertiser and its agency are given two weeks to
comply with the ASCI's CCC decision. Noncompliant advertisements are
published in ASCI's Media quarterly release on an all-India basis. In the case of
noncompliant television advertisements, the advertiser is in violation of the
Cable TV Networks (Regulation) Act 1995 and will be reported to the Ministry
of Information & Broadcasting, Government of India. In the case of
noncompliant advertisements in the press, ASCI will inform the Press Council of
India about breach of the ASCI Code.

c Electronic Media Monitoring Centre (EMMC)

The Director EMMC,

14 B, Ring Road, IP Estate, New Delhi ‐ 110002, India
Tele/Fax: +91 11 23378050
Email: emmc.india@gmail.com
Web URL: http://emmc.gov.in

Scope of agency responsibilities: The EMMC was established by the Ministry of

Information and Broadcasting, Government of India, with the aim to have
effective monitoring of the content of various FM and TV channels beaming
over Indian territory for any violation of the Programme Code, the
Advertisement Code, various provisions of the Cable Television Networks
Regulation Act, or any other law relevant to the content of television channel. As
per the self-regulation mechanism of the EMMC, it is responsibility of each
broadcasting service provider to ensure that each advertisement complies with
the ASCI Code.

d Telecom Regulatory Authority of India (TRAI)

Mahanagar Doorsanchar Bhawan

Jawaharlal Nehru Marg (Old Minto Road), New Delhi 110002
Phone No.: 011-23236308, 23233466
Fax No.: 011-23213294
Email: ap@trai.gov.in
Web: www.trai.gov.in
Web: http://nccptrai.gov.in/nccpregistry/Welcome.jsp

Scope of agency responsibilities: The Telecom Regulatory Authority of India

(TRAI) was established in 1997 through an Act of Parliament, viz., the Telecom
Regulatory Authority of India Act, 1997. Telecom Regulatory Authority of
India's mission is to ensure that the interests of consumers are protected and at
the same time to nurture conditions for growth of telecommunications,
broadcasting and cable services in a manner and at a pace which will enable
India to play a leading role in the emerging global information society.

TRAI has notified "The Telecom Commercial Communication Customer

Preference Regulations, 2010" to curb growing menace and effectively regulate
unsolicited commercial calls and messages ("UCC"). The Telecom Commercial
Communications Customer Preference Portal is a data base containing a variety
of information prescribed in "The Telecom Commercial Communications
Customer Preference Regulations, 2010". Customers who do not want to receive
commercial communications can register in either Fully Blocked Category
(stoppage of all commercial Calls/SMS) or Partially Blocked Category (stoppage
of all commercial Calls/SMS except SMS) by sending prescribed message to
1909 with National Customer Preference Register.

On successful registration, customer will receive an SMS confirming exercised

options and a Unique Registration Number within 24 hrs. The registration will
be effective within 7 days of placing the request with the service provider. If
customer receives UCC even after 7 days of registration, he can register a
complaint with his service provider within 3 days of receipt of such UCC by
dialing or sending SMS to 1909. Customers will have to provide the telephone
number or header of the message from where the call or message has been
received, short description of such call or message along with the date and time.

Customers not registered with NCPR can also identify the commercial calls
because they will all come from numbers starting with '140'. This is a series
specially earmarked for telemarketers.

e Press Council of India

The Secretary
Press Council of India
Soochna Bhavan, 8-C.G.O. Complex,
Lodhi Road, New Delhi-110003, India
Phone: +91 11 24366746
Fax: +91 11 2436640
Email: pci@alpha.nic.in
Web URL:http://presscouncil.nic.in

Scope of agency responsibilities: The Press Council of India ("PCI") functions

under the Press Council Act 1978. It is a statutory, quasi-judicial body which
acts as a watchdog of the press. It adjudicates the complaints against and by the
press for violation of ethics and for violation of the freedom of the press
respectively. PCI is headed by a Chairman, who has by convention, been a
retired judge of the Supreme Court of India. PCI consists of 28 other members of
whom 20 represent the press and are nominated by the press organisations/news
agencies recognised and notified by PCI as all India bodies of categories such as
editors, working journalists and owners and managers of newspaper, 5 members
are nominated from the two houses of Parliament and 3 represent cultural,
literary and legal fields as nominees of the Sahitya Academy, University Grants
Commission and the Bar Council of India.

A complaint against a newspaper should first be taken up with the editor or other
representative of the publication concerned. If the complaint is not resolved to
satisfaction of complainant, it may be referred to PCI within two months of the
publication of impugned news item in case of dailies and weeklies and four
months in all other cases, along with the original/photostat copy of the impugned
clipping (English translation if the matter is in vernacular) along with a copy of
your letter to the editor & editor's reply.

On receipt of a complaint made to it or otherwise, if PCI is prima facie satisfied

that the matter discloses sufficient ground for inquiry, it issues show cause notice
to the respondents and then considers the matter through its Inquiry Committee
on the basis of written and oral evidence tendered before it. If on inquiry, PCI
has reason to believe that the respondent newspaper has violated journalistic
norms, PCI keeping in view the gravity of the misconduct committed by the
newspaper, warns, admonishes or censures the newspaper or disapproves the
conduct of the editor or the journalist as the case may be. It may also direct the
respondent newspaper to publish the contradiction of the complainant or a gist of
the PCI's decision in its forthcoming issue.

f News Broadcasters Association and News Broadcasting Standards

Authority

News Broadcasting Standards Authority

C/o News Broadcasters Association
Reg. Off.: Juris House Ground Floor,
22, Inder Enclave, Paschim Vihar, New Delhi 110 087, India
Email: authority@nbanewdelhi.com
Web URL: http://www.nbanewdelhi.com

Scope of agency responsibilities: The News Broadcasting Standards Authority of

NBA perform its functions and exercise the powers vested in it under NBA
Regulations in relation to, and upon, the members and associate members of
NBA or in relation to such other complaints or broadcasters and channels as may
be referred to the Authority by the Ministry of Information & Broadcasting or
other Ministry or other governmental body. Upon receiving complaint from any
aggrieved person, NBA will issue notice to the concerned broadcaster not later
than 14 (fourteen) days from the date of receipt of a complaint to show cause
why action should not be taken against such broadcaster. The said Authority
may, after inquiry, warn, admonish, censure, express disapproval against and/or
impose a fine (of upto INR 100,000) upon the broadcaster and or recommend to
the concerned authority for suspension/revocation of license of such broadcaster.

g Director General of All India Radio & Doordarshan

Director General
All India Radio, Parliament Street, New Delhi, India
E-MAIL: adgnews2@air.org.in, adgnews2.nsd@nic.in
Telephone No. +91 11 23421209

Director General
Doordarshan Bhawan, Copernicus Marg, New Delhi- 110001, India
Email: webadmin@dd.nic.in

Scope of agency responsibilities: To regulate the functioning of All India Radio

and Doordarshan. Complaints or reports on contraventions of the code received
by All India Radio/Doordarshan may in the first instant be referred by Director
General to Advertiser's Association concerned with request for suitable action. If
complaints under the Code cannot be satisfactorily resolved at Association-(s)'s
level, they shall be reported to Director General who will then consider suitable
action. For any Complaints under the Code received by All India
Radio/Doordarshan concerning a party outside the purview of various member
Association(s), the Director General will draw attention of such party to the
complaint and where necessary, take suitable action on his own.

h National Consumer Dispute Redressal Commission

Upbhokta Nyay Bhawan

'F' Block, GPO Complex, INA, New Delhi-110023
Fax No. +91 11 24658509
PBX No. : 011-24608801, 24608802, 24608803, 24608804
Web: www.ncdrc.nic.in

Scope of agency responsibilities: To provide inexpensive, speedy and summary

redressal of all types of consumer disputes through quasi-judicial bodies in each
District and State and at the National level, called the District Forums, the State
Consumer Disputes Redressal Commissions and the National Consumer
Disputes Redressal Commission respectively under the provisions of the
Consumer Protection Act, 1986. The remedy under the Consumer Protection Act
is an alternative in addition to that already available to the aggrieved
persons/consumers by way of civil suit.

i Food Safety and Standards Authority of India (FSSAI)

Food Safety and Standards Authority of India

FDA Bhawan, Kotla Road, New Delhi-110002, India
Email: admn@fssai.gov.in
EPABX: +91 11 23236975
Telefax: +91 11 23220994
Web: www.fssai.gov.in

Scope of agency responsibilities: FSSAI has been created for laying down
science based standards for articles of food and to regulate their manufacture,
storage, distribution, sale and import to ensure availability of safe and
wholesome food for human consumption.

j Central Drugs Standard Control Organization (CDSCO)

Directorate General of Health Services

Ministry of Health and Family Welfare
Government of India
FDA Bhavan, ITO, Kotla Road
New Delhi-110002
Phone No.: 011-23236965/23236975
Fax: 011-23236973
 Email:dci@nb.nic.in
Web:www.cdsco.nic.in

Scope of agency responsibilities: CDSCO regulates the approval of new drugs,

clinical trials in the country, laying down the standards for drugs & medical
devices, control over the quality of imported drugs, testing of drugs,
coordination of the activities of State drug control organizations and providing
expert advice with a view of bring about the uniformity in the enforcement of
the Drugs and Cosmetics Act in India.

7 Advertising Preclearance Agencies

In India presently there is no pre-clearance agency for advertisements although
the advertisers have to take permission from the local municipal corporation if
they want to publicize their products through billboards or through posters.

Laws relating to social media advertisement

We live in the era of technology and social media has transforming our life a lot
and become a integral part of our day to day functioning. Earlier there were print
media like newspaper, radio, television but now the user can make their own
content in the social media platform. There is also a concept of “viral” which has
the ability to spread the information with thousands of users. Social media has
become the major platform for interaction among the people whether it is of
personal reason, professional work or related to academic and for entertainment
purpose only. It also contains the personal details of ours, so it must be regulated
by the government to protect the peoples form the cyber crime.

What is social media?

It is the web of peoples and communities to interact with each other. They also
use to interchange their contents between the like minded users and can be used
with the help of PC, laptop, and mobile phones. On these platforms people used
to collaborate and create the awareness among the people and raise their voices
on different issues.

Individual interaction is also important and it’s not easy to visit the person daily
but because of these platforms we can remain in touch with them. This is also
helpful in sharing their opinion and collecting feedbacks.

Types of social media:

This classification is done by the Kalpan and the Haenlein in 2010 used by the
people and the government across the world.

1. Social networking – it is the most common platform to be used by the

maximum number of people. It has the facility of chat i.e. sending and
receiving the messages, sharing, photos as well as files. It includes the
Facebook having 800 million users, WhatsAap, Instagram etc.
2. Blogs- these are created and maintained by the user and they can also
write a descriptive content. The main feature of blogs is that the readers
can comment on the above description and the comment trail can be
followed. It is generally used to form the public opinion and get the
feedback from them.
3. Microblogs – in this type there is a restriction that the content should be
within the word limit of 140 words. In this the reader can read and
comment on it ex- text messages and the twitter.
4. Vlogs and YouTube- in this the videos are uploaded and share among the
peoples. Viewers can also leave the comment on it. They can also see the
live videos. As a vedio speaks the thousand words, it can also act as a
report of progress.
5. Wikis- this allow the user to create and update the page related to any
information and may contains the link of various other sources, ex-
Wikipedia, the most popular web page to be visited by the peoples .

Indian laws regarding social media-

○ Constitution of India- under article 19, it says about the freedom of

speech and expression guaranteed to all citizen and state cannot curb them
 by making laws against them, but these freedoms are under the ambit of
some reasonable restriction as mentioned in article16(2). So, any person
can read, write, comment on any issue but these does not come under the
reasonable restrictions, which the state impose in interest of citizens and
the country as well.
○ Information technology Act- section 66A of the IT Act is focused
completely on the social media contents and regulates it. It prohibits the
any offensive video, audio, or text message or any recorded content to be
transmitted. This also prohibits the information or any electronic mail
which knows to be false but sent with the purpose of causing the
annoyance, injury or insulting the others. This is done with the criminal
intension and the spreading the hatred among the people. It may also
mislead the person.

but in 2015, the landmark judgment of Shreya Singal v. UOI2, the supreme court
struck down the section 66A of the IT Act and uphold the right to free speech in
the recent times.

○ Indian penal code – any person violative of the above laws should be dealt
with the provisions of IPC. like- section- 295A: intentionally insulting
religion or religious beliefs. Section- 153A: promoting enmity between
groups on ground of religion, race etc. section-499: defamation, section-
505: statement conducing of public mischief. Section-509: insulting the
modesty of women. Section-506: criminal intimidation and section-124A:
sedition etc. the main laws to protect the person from the social media
abuse is section-499 and section-500. This states that any person to
publish any defamatory statement whether oral or write with the intention
to harm the character is punishable with these laws.
○ Indecent representation of women ( prohibition )Act, 1998: the section 3
and 4 of these Acts protect the women from indulging in the act of
pornography and also punish the people from circulating the obscene
material. Sections 292-293 of the IPC also gave punishment in obscenity
(including the pornography)1.
Guidelines for using social media by government organization:

The government organization used these platforms to contact the stakeholders

and the concern of the people and their voices. This is also done to ensure the
public participation and formation of the public policy.

○ Objective: this means that what is the reason behind using the social
media for that

Organization. This may be for public interaction, promotion of policy, increasing

goodwill of the brand or just for creating the awareness.

○ Platform: it may be social bookmarking site like Amazon or the self

publishing media like the YouTube. It is depend upon the time period for
the interaction and what is the suitable way for it. Whether it is open to
public or only for particular experts i.e. stakeholders and whether the law
permit to use or not.
○ Governance: there must be an online identity of that organization by
providing a particular login IDs and the passwords. How the information
will update and what is the manner of it. And how the reply to each
individual will be sent and what is the response format, and who will
handle which task.
○ Communication strategy: what type of content should be used to post.
Avoid posting the unverified facts to spread the rumors and any fake
information.
○ Creating the pilot: when you are using a new social media then before
open to public we should take a demo to understand the efficiency and
whether it is effective for the above mentioned purpose of the
organization.
○ Institutionalized the social media: this is the final step in which rule may
be stabilize in policy making, all important occasions and the updates
from the websites3.

International laws regarding social media:

Germany – they came up with a law called Germany’s NetzDG in which they set
up a procedure to review the contents, and if any illegal material is uploaded
then they have to remove it within 24 hours and have to give updates about their
happenings. If they do not remove the content they have to pay the fine of 5
million euro at individual level and company of 50 million euro. They also fined
face-book in July 2019.

European union- They mainly emphasis on the terror video and if content is not
delete within an hour then they have to face the huge fines. EU also introduced
the General Data Protection Regulations which set rules on how the companies
and social media platforms have to use the people’s data. Member states have to
implements these rules until 2021 into their domestic laws.

Australia- it passed the sharing of abhorrent violent material Act in 2019, in

which there are criminal penalties i.e. jail sentences up to 3 years. And 10% of
company’s global turn over as penalty.

In 2015, the enhancing Online Safety Act was created so that the social media
companies remove the harassing and the abusive post, otherwise fine up to
525,000 Australian Dollar for companies and A$ 105,000 for individual.

Russia – it make a law in Nov. 2019 to switch off the connections to World Wide
Web as an emergency situation. And according to their data law they should they
store data of Russians within their country only. They also blocked the LinkedIn
and fined Facebook because they didn’t comply with these rules and didn’t
disclose about their further plan to comply with this.

China- they have blocked the sites like the twitter, Google, and whatsaap. They
provide services by other apps called as weibo, baidu, and wechat. The
Cyberspace Administration of China announced at the end of January 2019 that
they have closed 733 websites, 9,382 mobile apps. They have Cyber police
which monitors the social media platforms and see the messages which are
politically sensitive4.

Committee reports regarding social media:

Adhoc Committee of the Rajya Sabha: this was chaired by the Mr. Jairam
Ramesh to study the issue of pornography on social media and its effect on
children and society.

The committee recommends to widen the scope of the POCSO act to save child
from pornography. And it should include the written materials and audio
recordings also. To protect the children from these social media there should be
an age restriction, no content related to child exploitation and information
regarding multiple languages. There must be awareness campaign and trainings
of people to stop the cyber bulling.

There should be National Commission on Protection of child Rights as

designated authority along with State Commission on Protection of Child Rights.
And NCRB to record and share all cases of child pornography5.

Rajiv Gauba committee (a union home secretary): they gave the report on the
mob-lynching which happen due to various fake post in the social media
platforms. In which 20 people die due to the fake rumors.

The committee recommends blocking the malicious posts on these social media
handles. And if these sites doesn’t block then FIR could be lodged against them.
There are various laws but lack of law enforcement agencies. To make the
national portal where such videos and content to be forwarded to National Crime
Records Bureau and to state concerned.

The centre asked states and union territories to set up a special task force to
closely monitor the content of social media and to prevent the fake news6.

The latest social media controversy: banning of Tik Tok.

It was all started when in April, 2019 the madras High court passed the order on
directing the state government to prohibit the downloading of the Tik Tok App,
and call it dangerous for children. The Government of India ban it on 29 June
2020 calling it to be prejudicial to sovereignty and integrity of India, security of
state and public order. This act of banning has been done under the section 69A
of the information technology act read with the provisions of Information
Technology (Procedure and Safeguards for blocking of access of Information by
Public)Rules 2009.

The ministry of electronics and IT has received complaints from various sources
that it is stealing data of users in unauthorized manner and sent it to outside of
the India. The Indian cyber Crime Coordination Centre, (home ministry) also
gave the recommendations for blocking of the malicious Apps.

Conclusion:

According to the social media statistics there are 3.725 billion active social
media user and on average they spend 142 minutes a day on this platform. There
is also a drastic growth of 328 million users between 2018-20197. By this we
can say that social media has become a major part of our life. There are also
some social media movements, example- #Metoo movement which is very
famous and all people even the celebrities took part and share their stories, this
become so massive movement that many people are convicted by law of land.
Another movement is #bringbackRolacola, the candy product made by Parle
Company. We can see that social media is both boon and bane, they help people
to connect with their dear ones while on other hand the people are becoming
victim of cyber bulling etc. so, to stop the misuse the government should impose
the stringent laws regarding this mater, along with making law there should also
the effective law enforcement agency.