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Legal Aspect of Advertisement in India

Courtesy/By: Akshit Goyal | 2020-05-27 23:48     Views : 284

At present in India, there is no focal legal organization or uniform enactment directing the promoting business. The Indian publicizing market all in all is managed and constrained by a non-legal body, the Advertising Standards Council of India (ASCI). Without uniform coordinated enactment, it is essential for publicists to guarantee that an ad is in consistence will all nearby and national promotion laws.

Statutory Laws

Supplementing the ASCI Code are Indian laws administering explicit media, explicit populaces, and explicit merchandise and enterprises. The most critical of these laws are recorded here.

Laws Governing Media 

The Press Council Act 1978

Satellite Television Network Rules, 1994

Code for Commercial Advertising on Doordarshan and All India Radio  

Standards for Journalist Conduct gave by the Press Council of India

Set of principles of the News Broadcasters Association

Laws Protecting Society and the Consumer 

Images and Names (Prevention of Improper Use) Act, 1950

Youthful Persons (Harmful Publications) Act, 1956

Organizations Act, 1956

Principles of Weight and Measures Act, 1976

Obscene Representation of Women (Prohibition) Act, 1986

Customer Protection Act, 1986  

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

Supporters Act, 1961

Baby Milk Substitutes, Feeding Bottles and Infant Foods (Regulation of Production, Supply and Distribution) Act, 1992

Protections 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

Open Gambling Act, 1867, the Lotteries (Regulation) Act, 1998 and the Prize Competitions Act, 1955  

The Food Safety and Standards Act, 2006

Some Items and Services Can’t be Advertise

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") disallows all immediate and circuitous advertising of tobacco items in all media.

Human Organs

The Transplantation of Human Organs Act, 1994: This law accommodates the guideline of expulsion, stockpiling and transplantation of human organs for remedial purposes and for the avoidance of business dealings in human organs. This law forbids any publicizing welcoming people to gracefully, offering to flexibly, any human organ for installment.

Magical Remedies

The Drugs and Magical Remedies (Objectionable Advertisements) Act, 1954 denies ad of supernatural cures of illnesses and clutters.

Services for Pre-Natal Determination of Sex

The Prenatal Diagnostic Techniques (Regulation and Prevention of Misuse) Act, 1994 denies ads identifying with pre-natal assurance of sex.

 

Political Candidates, political stages, ideological groups, policy driven issues

The Representation of the People (Amendment) Act, 1996 has the accompanying arrangements identifying with commercials:

  1. disallow commercials for a time of forty-eight hours finishing with the hours fixed for finish of surveying for any races in a given surveying region.
  2. utilization of showing banners, billboards and so on for political commercial in any open spot carefully as per the significant arrangements of the neighborhood laws.
  3. impartial chance to every ideological group and possibility to approach open promotion space for political decision related commercials during the political race time frame.
  4. utilization of private premises for political ad just with the willful consent of the tenant.
  5. forbiddance of all notices at the expense of the open exchequer with respect to accomplishments of the ideological group/administering government.
  6. The resolution accommodates a punishment of detainment as well as fine for anybody, including publicists, who negates these arrangements.

Courtesy/By: Akshit Goyal | 2020-05-27 23:48