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Himanshu Kulshreshtha
Himanshu KulshreshthaElite Author
Asked: May 13, 20242024-05-13T10:24:05+05:30 2024-05-13T10:24:05+05:30In: Consumer Protection

Discuss the Laws governing Advertisement.

Discuss the Laws governing Advertisement.

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    1. Himanshu Kulshreshtha Elite Author
      2024-05-13T10:24:30+05:30Added an answer on May 13, 2024 at 10:24 am

      Laws governing advertising are essential to ensure that advertisements are truthful, fair, and not misleading to consumers. These laws aim to protect consumers from deceptive practices, promote fair competition among businesses, and uphold ethical standards in advertising. Here's an overview of the key laws governing advertisements:

      1. Consumer Protection Act, 2019:

      • The Consumer Protection Act (CPA) in India regulates advertising to prevent unfair trade practices and protect consumer rights.
      • The CPA prohibits misleading advertisements, false claims, and unfair trade practices that deceive or exploit consumers.
      • It empowers consumers to file complaints against deceptive advertisements and seek compensation or redressal for any harm caused.

      2. The Cable Television Networks (Regulation) Act, 1995:

      • This act regulates advertisements broadcasted on cable television networks in India.
      • It prohibits advertisements that are indecent, offensive, or harmful to public morality.
      • The act also mandates that advertisements must be truthful, not misleading, and not disparaging of competitors' products or services.

      3. The Advertising Standards Council of India (ASCI):

      • While not a law, ASCI is a self-regulatory body that sets standards and guidelines for advertising in India.
      • ASCI monitors advertisements across various media platforms and addresses complaints from consumers and competitors regarding misleading or offensive advertisements.
      • Advertisers voluntarily comply with ASCI's guidelines to maintain ethical standards in advertising and avoid legal repercussions.

      4. The Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954:

      • This act prohibits advertisements that make false claims or promote drugs, treatments, or remedies that are considered magical, unproven, or potentially harmful.
      • It aims to protect consumers from fraudulent health claims and prevent the exploitation of vulnerable individuals seeking medical treatment.

      5. The Food Safety and Standards Authority of India (FSSAI):

      • FSSAI regulates advertisements related to food products to ensure they comply with food safety and labeling regulations.
      • Advertisements for food products must not be misleading, false, or likely to deceive consumers regarding the nature, quality, or composition of the product.

      6. The Competition Act, 2002:

      • The Competition Act regulates advertising practices to prevent anti-competitive behavior and promote fair competition in the marketplace.
      • It prohibits misleading advertisements that distort competition, misrepresent product attributes, or create barriers to entry for competitors.

      7. The Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021:

      • These rules govern digital advertising and content on online platforms and social media.
      • They mandate that advertisements on digital platforms must be transparent, not misleading, and comply with the principles of consumer protection and privacy.

      In summary, laws governing advertising aim to protect consumers from deceptive practices, ensure fair competition among businesses, and maintain ethical standards in advertising. Advertisers and marketers must adhere to these laws and regulations to maintain consumer trust, avoid legal liabilities, and contribute to a transparent and accountable advertising ecosystem.

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