Lok Sabha Question No. 3351 (UNSTARRED), answered on 2018-03-15
Subject: Advertisements of Alcohol and Tobacco Brands
Ministry: INFORMATION AND BROADCASTING
Asked by: BHARATI DHIRUBHAI SHIYAL

## GOVERNMENT OF INDIA MINISTRY OF INFORMATION AND BROADCASTING

## LOK SABHA UNSTARRED QUESTION No. 3351 TO BE ANSWERED ON 15/03/2018

## ADVERTISEMENTS OF ALCOHOL AND TOBACCO BRANDS

## 3351.  DR. BHARATIBEN D. SHYAL :

## Will the Minister of INFORMATION AND BROADCASTING

## ANSWER

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

(a) to (d): 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(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.

A directive was also issued by this Ministry 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.

Appropriate  action  is  taken  as  per  Cable  Television  Networks  (Regulation)  Act, 1995,  if  any  violation  of  the  said  code  is  established.  Ministry  has  already  taken  action against some TV channels for telecasting advertisements in violation of Rule 7(2)(viii)(A), a list of which is at Annexure.

So  far  as  Print  media  is  concerned,  Press  Council  of  India  (PCI),  a  statutory autonomous  body  has  been  set  up  under  the  Press  Council  Act,  1978  to  preserve  the freedom of the Press and to maintain & improve the standards of newspapers and news agencies in India and also to inculcate principles of self-regulation among the press. The Council has framed 'Norms of Journalistic Conduct' which cover principles and ethics with regard  to  journalism.  Print  Media  is  expected  to  adhere  to  these  Norms. Norm 36 titled 'Advertisements' cover principles and ethics with regard to advertisements in print media including  that  of  alcohol  and  tobacco  brands.  The  Council  has  not  reported  any  such incident.

*******

be pleased to state:

- (a) whether  advertisements  of  alcohol  and  tobacco  brands  are  being  aired  on  the pretext  of  Soda,  music  CD,  mineral  water, fashion  and  tourism advertisements  on print  and  visual  media  despite  ban  on  advertisements  of  tobacco  products  and alcohol etc.;
- (b) if so, the details of tobacco and alcohol companies involved in such advertisements;
- (c) whether aforesaid broadcasting/telecasting amounts of violation of section 7(2), 8(A) and  6  of  Cable  Television  Network  (Regulation)  Act,  1995  and  code  of  conduct under Advertising Standards Council of India (ASCI); and
- (d) if so, the details thereof?

## ANNEXURE REFERRED TO  THE REPLY TO PARTS (a) TO (d) OF THE  LOK SABHA UNSTARRED QUESTION NO. 3351 FOR ANSWER ON   15/03/2018

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.                                                                                                                                                                                                                                                                  |