Lok Sabha Question No. 118 (UNSTARRED), answered on 2016-11-16
Subject: Misleading Advertisement
Ministry: INFORMATION AND BROADCASTING
Asked by: A.P. JITHENDER REDDY

## GOVERNMENT OF INDIA MINISTRY OF INFORMATION AND BROADCASTING

## LOK SABHA UNSTARRED QUESTION NO. 118 TO BE ANSWERED ON 16/11/2016

## MISLEADING ADVERTISEMENT

## 118.   SHRI A.P.JITHENDER REDDY:

Will the Minister of INFORMATION AND BROADCASTING

be pleased to state:

- (a) whether the Government has taken notice or received complaints of misleading and vulgar advertisements being aired on television channels and other mediums in the country and if so, the details thereof;
- (b) whether  the  Government  has  advised  TV  channels  to  discontinue  the  telecast  of such advertisements and taken action against them and if so, the details thereof; and
- (c) other  corrective  measures  taken  by  the Government  in  this  regard  and the  details thereof?

## ANSWER

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

(a) to (c) As per existing regulating framework, all programmes and advertisements telecast on TV channels and transmitted/retransmitted through the Cable TV network are required to adhere to the Programme and Advertising Codes prescribed under the Cable TV Networks (Regulation) Act, 1995 and Rules framed thereunder. Action is taken as per rules suo-motu as well  as  when violation of Codes is brought to the notice of the Ministry. These codes contain  a  range  of  parameters  to  regulate  programmes  and  advertisements  including provisions to address content of obscenity, vulgarity and misleading advertisements.

Ministry  has  constituted  an  Inter  Ministerial  Committee  (IMC)  to  look  into  the violations suo-motu or whenever violations of the Programme and Advertising Codes are brought to the notice  of this Ministry  in  respect of  private  satellite  TV  channels.  IMC has representatives from the Ministry of Home Affairs, Defence, External Affairs, Law, Women and Child Development, Health and Family Welfare, Consumer Affairs and a representative from the industry in Advertising Standards Council of India (ASCI). IMC meets periodically and recommends action in respect of violations reported, whenever warranted.

A list showing details of action taken against TV  channels  for telecasting advertisements  in violation of  Rule 7(5) regarding misleading  advertisements  is at Annexure-I .  Details  of  action  taken  on  violation  of  Programme  Code  by  private  TV channels for telecast of content of obscenity, vulgarity and nudity in TV programmes during the last three years and the current year are enclosed at Annexure-II.

Government  has  encouraged  self-regulation  of  advertising  industry  in  electronic media. The Advertising Standards Council of India (ASCI), a voluntary self-regulatory body of  Advertisement  Industry,  self-regulates  advertising  content  to  monitor  and  decide  on complaints against objectionable advertisements. During the year 2015-16 the Consumer Complaints  Council  (CCC)  of  ASCI  deliberated  on  complaints  against  a  total  of  2020 advertisements and upheld complaints against 1271 advertisements.

In  so  far  as  Print  Media  is  concerned,  Press  Council  has  stated  that  whenever  it receives complaint on misleading advertisement it takes action as per the Press Council

Act.

The Department of Consumer Affairs has informed that they have launched a portal on 18.03.2015  for registering online  complaints  for  Grievances  Against  Misleading Advertisement  (GAMA). One can register  a  complaint  (including the  complaints  given  in regional  language)  along  with  the  copy/video/audio  of  such  advertisement  in  the  portal. Advertising Standards Council of India (ASCI) handles the complaints received through the GAMA portal of the Department.

## ***********

## ANNEXURE  AS  REFERRED  TO  IN  REPLY  TO  PARTS  (a)  TO  (c)  OF  LOK  SABHA UNSTARRED QUESTION NO. 188 FOR 16.11.2016

Details of action taken year-wise in respect of misleading advertisements as per the Advertising Code.

Year 2013

|   Sl.No. | Advertisements                                                                                                                                                                                                                                                     | Action Taken               |
|----------|--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|----------------------------|
|        1 | The advertisement of Madhunashni asserted that the product advertised has special miraculous qualities to cure ailments and improve one's life and give results in specified time.                                                                                 | ASCI upheld the complaint. |
|        2 | The advertisement of 'Easy Slim Tea' claims that 'Have Easy Slim Tea and lose weight - don't need to exercise, don't need to eat healthy', 'Lose weight become healthy', 'Prevent extra marital affairs' The ad promotes bad health advice which can be dangerous. | ASCI upheld the complaint. |
|        3 | The advertisement of Musli Power Xtra asserts that the product advertised has special miraculous qualities to cure ailments and improve one's life and give results in specified time.                                                                             | ASCI upheld the complaint. |
|        4 | The advertisement of Madhur Milap asserts that the product advertised has special miraculous qualities to cure ailments and improve one's life and give results in specified time.                                                                                 | ASCI upheld the complaint. |

## Year 2014

|   Sl.No . | Advertisement                                                                                                                                                                                                                                                                                                                                                                                                            | Action Taken                                                                             |
|-----------|--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|------------------------------------------------------------------------------------------|
|         1 | The complaint against advertisement of Zaitoon Tara Edible Oil was deliberated by Consumer Complaints Council (CCC) of ASCI who concluded that the claim, 'Edible oil prevents cancer, diabetics, acidity, cholesterol, etc.' was not substantiated and was misleading, thus in breach of the law, particularly the Drug & Magic Remedies Act. The complaint was Upheld but advertiser did not comply with orders of CCC | The Ministry advised on 26.06.2014 all TV channels not to carry the said advertisement.  |
|         2 | The Ministry received complaints against advertisement of 48 products in different categories which were deliberated upon by Consumer Complaints Council (CCC) of ASCI concluding that the claim made by the advertisers were misleading and contravened the prescribed Codes, but advertisers did not comply with orders of CCC.                                                                                        | The Ministry advised on 21.08.2014 all TV channels not to carry the said advertisements. |

## Year 2015

| Sl.No   | Advertisement   | Action Taken   |
|---------|-----------------|----------------|
|         | .               |                |
|         | NIL             | NIL            |

## Year 2016 (January to October)

| Sl .No.   | Advertisement   | Action Taken   |
|-----------|-----------------|----------------|
|           | NIL so far.     | NIL            |

****************

## ANNEURE  AS  REFERRED  TO  IN  PARTS  (a)  TO  (c)  OF  LOK  SABHA  UNSTARRED QUESTION No. 188 FOR 16.11.2016

Action  Taken  on  violation  of  Programme  and  Advertisement  code  by  Private  TV channels for telecasting content depicting vulgarity, obscenity in last three years and current year.

## Year - 2013

|   Sl. No. | Name of the Channel   | Reason for Show Cause Notice                                                                | Details of action taken                                                                                                    |
|-----------|-----------------------|---------------------------------------------------------------------------------------------|----------------------------------------------------------------------------------------------------------------------------|
|         1 | FTV                   | Telecast of an advertisement of Vodka on 2.3.2011 in a programme Fashion TV Launch Party    | An Advisory dated 17.01.2013 was issued to the channel.                                                                    |
|         2 | IBN 7                 | Telecast of the Advertisement of "Axe Shower Gel" containing vulgar and indecent content.   | Order dated 29.05.2013 was issued directing the channel to furnish an undertaking regarding not airing such ads in future. |
|         3 | MTV                   | Telecast of the advertisement of "Axe Shower Gel" containing vulgar and indecent content.   | Order dated 17.06.2013 was issued directing the channel to furnish an undertaking regarding not airing such ads in future. |
|         4 | VH1                   | Telecast of advertisement of "Axe Shower Gel" showing obscene and women denigrating content | Order dated 17.06.2013 was issued directing the channel to furnish an undertaking regarding not airing such ads in future. |
|         5 | Colors                | Telecast of advertisement of "Axe Shower Gel" showing obscene and women denigrating content | Order dated 17.06.2013 was issued directing the channel to furnish an undertaking regarding not airing such ads in future. |

## Year - 2014

| Sl. No.   | Name of the Channel   | Reason for Show Cause Notice   | Details of action taken   |
|-----------|-----------------------|--------------------------------|---------------------------|
|           |                       | NIL                            |                           |

## Year - 2015

| Sl. No.   | Name of the Channel   | Reason for Show Cause Notice   | Details of action taken   |
|-----------|-----------------------|--------------------------------|---------------------------|
|           |                       | NIL                            |                           |

## YEAR- 2016

| Sl. No.   | Name of the Channel   | Reason for Show Cause Notice   | Details of action taken   |
|-----------|-----------------------|--------------------------------|---------------------------|