While different areas such as electrcity, consumer behaviour etc., consist of proper legislations for regulating and controlling the conduct of such activities, there are no proper statutory bodies as such, which have been provided by the Parliament or have been laid down under any legislations for the purpose of controlling advertisements.
However, there is a self regulatory, non-statutory body which has been developed which lays down the standards and means of control and regulation for advertisements, known as the Advertising Standards Council of India (ASCI), which basically necessitates advertisers to formulate or broadcast advertisements, for any purpose, according to the rules and standards laid down by this body. This organisation was developed in 1985 with the purpose of promoting proper advertisements, non-derogatory and according to the set standards, and aimed at improving the confidence of the public in such advertisements.
This self-regulatory body seeks to ensure the truthfulness and honesty of the advertisements which are being showcased, ensures that the advertisements are according to the set standards of public policy and not derogatory in any way, and ensures that such advertisements allow fairness in competition and at the same time allows the consumers to make necessary choices from the variety of products and services shown.
There are various other laws, which provide or rather allow the broadcasting of advertisements in India, such as the Consumer Protection Act, 1986; the Indecent Representation of Women (Prohibition) Act, 1986; Laws related to intellectual property rights etc.
These legislations not only provide advertising agencies and companies to put forward advertisements regarding different products or services but also put certain restrictions on them, which makes sure that the rights of the public are not violated, and that such advertisements do not affect the overall working of the society, and are derogatory to the present legislations.
According to article 19 of the Constitution, every person has the freedom of speech and expression, and therefore have the right to express their opinions and suggestions as well as other relevant information, even through the way of advertisements. However, it is also important to note that this article also provides or rather imposes certain reasonable restrictions on this right of freedom of speech and expression. The main aim of these restrictions is to ensure that such freedom is not opposed to public policy or public morality, or does not violate the rights of others.
Under The Consumer Protection Act, 1986 it has been stated very clearly, that companies are allowed to advertise the products or services that they provide, however they should not violate the six basic consumer rights that are provided to every consumer, especially the right of protection from harmful goods or services.