Lok Sabha Question No. 6421 (UNSTARRED), answered on 2018-04-05
Subject: Telecasting of Disguised Advertisements
Ministry: INFORMATION AND BROADCASTING
Asked by: RAM TAHAL CHOUDHARY

## GOVERNMENT OF INDIA MINISTRY OF INFORMATION AND BROADCASTING

## LOK SABHA UNSTARRED QUESTION NO. 6421 TO BE ANSWERED ON 05/04/2018

## TELECASTING OF DISGUISED ADVERTISEMENTS

## 6421.  SHRI   RAM TAHAL CHOUDHARY:

## Will the Minister of INFORMATION AND BROADCASTING

be pleased to state:

- (a) whether several television channels telecast disguised advertisements;
- (b) if so, the details thereof and the reaction of the Government thereto;
- (c) the  rules  formulated  by  the  Government  in  this  regard  and  the  action  taken  to implement the rules so far; and
- (d) the  names  of  the  television  channels  against  which  the  Government  has  taken action under the said rules during the last three years along with the details of the rules for the violation of which the said action has been taken, channel-wise?

## ANSWER

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

(a) to (d):  In so far as private satellite TV channels are concerned, all advertisements telecast  on  such  channels  are  regulated  in  accordance  with  the  Advertising  Code prescribed in Rule 7 of the Cable Television Network Rules, 1994 enshrined in the Cable Television Network (Regulation) Act, 1995. Section 6 of the said Act stipulates that no person shall  transmit  or  re-transmit  through  a  cable  service  any  advertisement  unless such advertisement is in conformity with the prescribed advertisement code.  Rule 7(10) of the Advertising Code under the Cable Television Networks Rules, 1994 provides that all advertisements should be clearly distinguishable from the programme and should not in  any  manner  interfere  with  the  programme  viz.  use  of  lower  part  of  screen  to  carry captions,  static  or  moving  alongside  the  programme.    Further,  Rule  7(2)(viii)(A)  of  the Advertising  Code  provides  that  no  advertisement  shall  be  permitted  which  promotes directly  or  indirectly  production,  sale  or  consumption  of  cigarettes,  tobacco  products, wine, alcohol, liquor or other intoxicants:  provided that a product that uses a brand name or logo, which is also used for cigarettes, tobacco products, wine, alcohol, liquor or other intoxicants, may be advertised on cable service subject to certain conditions prescribed thereunder.  Appropriate action is taken as per Cable Television Networks (Regulation) Act, 1995, if any violation of the said code is established. Details of action taken against TV  channels  for  telecasting  advertisements  in  violation  of  Rule  7(2)(viii)(A)  is  at Annexure.

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## ANNEXURE  AS  REFERRED  TO  IN  REPLY  TO  PARTS  (a)  to  (d)  OF  LOK  SABHA UNSTARRED QUESTION NO. 6421 FOR 05.04.2018

Details  of  action  taken  against TV  channels  for  telecast  of  advertisements  in violation of Rule 7(2) (viii) (A) of the Advertising Code.

|   Sl. No. | Advertisements                                                                                                                      | Action Taken                                                                                                                                                                                                                                                                                                              |
|-----------|-------------------------------------------------------------------------------------------------------------------------------------|---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|
|         1 | Advertisement of a liquor product by 'NDTV Good Times' channel through telecast of the advertisement of 'Blenders Pride Music CDs'. | A Warning was issued to the channel on 06.04.2010.                                                                                                                                                                                                                                                                        |
|         2 | Advertisement of a liquor product by 'Star Anando' channel through telecast of the advertisement of 'Blenders Pride Music CDs'.     | A Warning was issued to the channel on 06.04.2010.                                                                                                                                                                                                                                                                        |
|         3 | Advertisement of products of 'Haywards-5000 Soda' and 'Kingfisher Packaged Drinking Water'                                          | A directive was issued on 17.06.2010 to all TV channels to stop carrying any advertisements of a product that uses a brand or logo which is also used for cigarettes, tobacco products, wine, alcohol, liquor or other intoxicants.                                                                                       |
|         4 | Advertisement of a product of 'McDowell's Soda'.                                                                                    | A directive was issued on 17.06.2010 to all TV channels to stop carrying any advertisements of a product that uses a brand or logo which is also used for cigarettes, tobacco products, wine, alcohol, liquor or other intoxicants.                                                                                       |
|         5 | Advertisements of products using brand or logo used for cigarettes, tobacco products, wine, alcohol, liquor or other intoxicants.   | A directive was issued on 17.06.2010 to all TV channels to stop carrying any advertisements of a product that uses a brand or logo which is also used for cigarettes, tobacco products, wine, alcohol, liquor or other intoxicants.                                                                                       |
|         6 | Advertisement of 'McDowell's No.1 Platinum Soda' - The No.1 Spirit of Leadership.                                                   | The Advertising Standards Council of India (ASCI) was requested on 22.07.2011 to take up the matter with advertisers to take these advertisements off air. ASCI informed that the complaint has been upheld. It was also informed that the said advertisement has been withdrawn from all channels from 25 th July, 2011. |
|         7 | Advertisement of Kingfisher Beer on ET NOW channel                                                                                  | A Warning was issued to the channel on 12.9.2012.                                                                                                                                                                                                                                                                         |
|         8 | Advertisement of VB Best Cold Beer on Star Cricket channel                                                                          | A Warning was issued to the channel on 12.9.2012.                                                                                                                                                                                                                                                                         |
|         9 | Advertisement of FTV Vodka.                                                                                                         | An Advisory has been issued to FTV channel on 17.1.2013.                                                                                                                                                                                                                                                                  |

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