Seagram’s Music CDs, Kingfisher Bottled Water and whatnot, the general public has seen these advertisements first hand. On occasions, one also finds such products on the market shelves. While most of the times, such advertised products are only promotional in nature, present only for their namesake. Surrogate Advertising has been present for a long time, and many say that it actually is misleading advertising. But what does the law say?
A question was recently asked in Parliament about misleading advertisements. In response, the Government submitted a good summary of the law on the subject, which is as follows-

 

“All private satellite TV channels are required to adhere to the Advertising Code as prescribed in the Cable Television Networks (Regulation) Act, 1995 and the Rules framed thereunder.
The Ministry of Information & Broadcasting had constituted Inter Ministerial Committee in 2005 to examine content related matters of programmes and advertisements telecast on TV. The Department of Consumer Affairs (DoCA) launched a portal – Grievances Against Misleading Advertisements (GAMA), to enable consumers to register their grievances against misleading advertisements. The Government of India has recently enacted the Consumer Protection Act, 2019 on 09th August, 2019.
The Advertising Standards Council of India (ASCI), a voluntary self-regulatory organization, looks into complaints across all media.”

 

In the next post, we will see what GAMA is, and how what has it achieved.

   

   

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