Lok Sabha Question No. 1803 (UNSTARRED), answered on 2017-07-26
Subject: Misleading Advertisement
Ministry: INFORMATION AND BROADCASTING
Asked by: BHARATI DHIRUBHAI SHIYAL, SUBHASH PATEL, HARISH CHANDRA MEENA, K.R.P. PRABAKARAN

## GOVERNMENT OF INDIA MINISTRY OF INFORMATION AND BROADCASTING

## LOK SABHA UNSTARRED QUESTION NO. 1803 TO BE ANSWERED ON 26/07/2017

## MISLEADING  ADVERTISEMENT

1803.  DR. BHARATIBEN D. SHYAL: SHRI  SUBHASH PATEL: SHRI  HARISH MEENA: SHRI  K.R.P. PRABAKARAN:

Will the Minister of INFORMATION AND BROADCASTING

be please to state:

- (a) whether the Government  has  taken cognizance of rise in misleading advertisements in the television programmes in the country;
- (b) if so, the details of brands and channels against whom action has been taken for violating the norms/guidelines; and
- (c) whether  any  steps  have  been  taken  by  the  Government  to  monitor  the contents of the advertisements being telecast and if so, the details thereof?

## ANSWER

## MINISTER OF STATE IN THE MINISTRY OF INFORMATION & BROADCASTING [COL RAJYAVARDHAN RATHORE (Retd.)]

(a) to (c): Advertisements telecast on Private TV channels are required to adhere to the  Advertising  Code  prescribed  under  the  Cable  TV  Networks  (Regulation)  Act, 1995 and Rules framed thereunder. As per existing regulatory framework there is no pre-censorship  on  advertisements.  Action  is  taken  whenever  violation  of  Code  is brought to the notice of the Ministry.

Advertising  Standards  Council  of  India  (ASCI),  a  self  regulatory  body  of advertisement  industry  has  set  up  Consumer  Complaints  Council  to  deal  with advertising  content  and  decide  on  complaints  against  advertisements  making misleading, false and unsubstantiated claims.

Rules 7(5) of the Cable Television Networks Rules, 1994, specifically provides 'No advertisement shall contain references which are likely to lead the public to infer that the product advertised or any of its ingredients has some special or miraculous or super-natural property or quality,    which is   difficult   of   being proved'. Ministry has constituted an Inter-Ministerial Committee (IMC) to take cognizance suo-moto or to  look  into  specific  complaints  regarding  content  telecast  on  private  TV  channels including advertisements. IMC functions in a recommending capacity.

An advisory was issued by the Ministry on 21.8.2014 advising all TV channels not to telecast advertisements which were found to be violating provisions of Cable Television  Networks  Rules,  1994,  ASCI  Code  and  also  Drugs  &  Magic  Remedies (Objectionable Advertisement) Act, 1954.

On the request of M/o AYUSH an Advisory dated 12.07.2017 has been issued to  all  TV  channels  to  advertise  products  that  have  valid  license  issued  by  M/o AYUSH or State Drug Licensing Authorities.

Department of Consumer Affairs has informed that it has launched  a  portal called GAMA (Grievance Against Misleading Advertisements) where a consumer can lodge a complaint against misleading advertisements. These  complaints are processed  by  Advertising  Standard  Council  of  India  (ASCI)  under  an  MOU  with Department of Consumer Affairs. Further, they have informed that since its inception in  March,  2015  till  July  2017,  4383  complaints  have  been  received  in  the  GAMA portal out of which 2079 have been resolved.

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