In India, the advertising landscape is regulated through a combination of legislation and self-regulatory guidelines to protect consumers and ensure fair business practices. Here are some essential aspects of advertising laws in India:
Legislative Framework: The primary legislation includes the Consumer Protection Act, 2019, which has provisions specifically aimed at preventing unfair trade practices and misleading advertisements. It also establishes the Central Consumer Protection Authority (CCPA) which can penalize misleading ads.
Self-Regulation by ASCI: The Advertising Standards Council of India (ASCI) plays a crucial role in self-regulating advertising standards. ASCI guidelines ensure that advertisements are not misleading, harmful, or offensive. They must be truthful, fair, and substantiate claims they make.
Substantiation of Claims: Advertisers are required to substantiate any claims they make in their ads to avoid misleading consumers. This includes claims about product features, health benefits, and pricing comparisons.
Prohibitions and Restrictions: Certain products and services have specific advertising restrictions. For example, tobacco advertising is banned, and there are strict regulations for advertising alcohol, pharmaceuticals, and infant food.
Digital Advertising: Digital advertising is subject to the Information Technology Act, 2000, which deals with cybercrimes and electronic commerce. The ASCI also has specific guidelines for digital media to ensure that online ads are fair and transparent.
Endorsements and Celebrity Advertising: The ASCI guidelines stipulate that celebrities or influencers who endorse products must have adequate knowledge or experience with the product, ensuring that endorsements are not misleading.
Telemarketing and Spam: The Telecom Commercial Communications Customer Preference Regulations, 2018, govern telemarketing activities, requiring telemarketers to register and adhere to guidelines that prevent spam and protect consumer privacy.
Cultural Sensitivity: Advertisements in India must respect the diverse cultural, religious, and socio-economic sentiments of the public. Content that could be construed as offensive or disrespectful to any community is not only frowned upon but can also lead to legal trouble.
