There are various advertising laws in India that govern advertisements in print and online, social media, television, and other sources.
ASCI (Advertising Standards Council of India) is one such governing body. This is a voluntary and non-statutory body established in 1985 with the aim to safeguard the interests of Indian consumers through self-regulation in various forms of advertisements.
The body has created an ASCI Code, also called Code of Ethics for Advertising in India, which is not mandatory to follow, but companies can voluntarily follow them to maintain a decorum in advertising.
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Other laws that governing advertising in India include:
- Consumer Protection Act, 2019
- Cigarettes and other Tobacco Products Act, 2003
- Cable Television Networks Act, 1995
- Doordarshan/All India Radio (AIR) Advertisement Code
- Pharmacy Act, 1948,
- Drugs and Cosmetics Act, 1940
- Drugs (Control) Act, 1950
- Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954
- Prize Competitions Act, 1955
- Prenatal Diagnostic Techniques (Regulation and Prevention of Misuse) Act, 1994
- Indecent Representation of Women (Prohibition) Act, 1986
- Emblems and Names (Prevention of Improper Use) Act, 1950
- The (Insurance Advertisements and Disclosure) Regulations, 2000, by the Insurance Regulatory Development Authority in India.
Kinds of false advertising
- Mislabeling a product.
- Not disclosing complete information, such as hiding complete list of ingredients, etc.
- Wrong research that claims a product is beneficial in a certain manner, but in reality it does not offer the mentioned benefits.
- Trademark Infringement and Product Disparagement in which a company tends to show their competitor’s product/service in bad light.
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