Lok Sabha Question No. 4495 (UNSTARRED), answered on 2017-03-29
Subject: Advertisement in Newspapers
Ministry: INFORMATION AND BROADCASTING
Asked by: SULTAN  AHMED

## GOVERNMENT OF INDIA MINISTRY OF INFORMATION AND BROADCASTING

## LOKSABHA UNSTARRED  QUESTION  NO. 4495 TO BE ANSWERED ON 29.3.2017

## ADVERTISEMENT  IN NEWSPAPERS 4495. SHRI SULTAN AI{MED:

Will the Minister of INFORMATION  AND BROADCASTING  be pleased to state:

- (a) whether there is any regulatory mechanism to control advertisements  in newspapers/electronic media;
- (b) if so, the details thereof;
- (c) the steps taken/proposed to be taken against misleading  advertisements  in print/electronic media;
- id;  the number ofpersons held during last two years and till date in this regard;  and
- (e) the steps takeilproposed to be taken to ensure stringent  punishment to persons for duping people?

## ANSWER

## MINISTER OF STATE IN THE MINISTRY OF INFORMATION  & BROADCASTING {COL  RAJYAVARDHAN  RATHORE  @etd.)}

(a)  &  (b) The Consumer  Protection Act, 1986 has been enacted by Department of consumer Affairs to better protect the interests of the consumers.  Section 2(1)(r) of the above Act stipulates  that the practice of making any statement,  whether orally or in writing or by visible representation  which falsely represents  that the goods are of a particular  standard, quality,  quantity,  grade, composition, style or model; falsely iepresents that the services are of a particular  standard, quality or grade, falls under unfair trade practices.  Such false statement  may also be by way of advertisements. A consumer can make a complaint against unfair trade practice  in a consumer  forum established under the Consumer  Protection  Act, 1986.

with regard to Print Media, Press council of India (PCI), a statutory  body under this Ministry,  adjudicates  on print advertisement brought  before it as complaint cases under Section  14 ofPress Council Act, 1978.

As regards the advertisements in electronic media, advertisements telecast on TV channelsire  required to adhere  to the Advertising  Code prescribed under the Cable TV Networks  (Regulation)  Act, 1995 and Rules framed thereunder. Action is taken whenever the violation of Code is brought  to the notice  of this Ministry.  The relevant codes are available  on this Ministry's  website, i'e. www.mib.nic.in.

As part of self-regulatory  initiative of the industry' Advertising.  Standards Counciloflndia(ASCI),u.'otu,'tutybodyofadvertisementindustry'selfregulates advertisingcontenttomonitorandoecideoncomplaintsagainstadvertisementsmaking misleading,  false and unsubstantiated  claims'

(c)InPrintMedia,PClhasframed,,Nolnrsol.Jour.rralisticConduct''which'inter-alia also. deals r.vith rnisleading  uau"'ti*t*ents  whereil"l a publication  is  warned' admonished  and ccnsurcd, if lbund violating  the above noltns'

Inelectronicmedia,thisMinistryhasconstitutedanlnter-MinisterialCommtttee (IMC),  a recommendato.y  foay, to iake cognizance  suo-motu  or to look into specific .o.piuintt  regarding  content on private TV channels'

Besidesabove,DepartmentofConsunrerAffairshasalsolaunchedaportal 'G;;;; Against  Misleading Advertisements  (GAMA)' to enable,consumers  to register  their  complaints  aiain"st  false/misleading  advertisements.  The complaints ,"|.j".u ffi. o#i;;"  f;;.;ed  to the regulatory  bodies for appropriate  action.

(d) In Print Media, no^persons / publication-'  y-""  held during last two  years by PCI' pcl closed 5 cases o, "o",ipiui,itr-i" iors-ro  and 2 cases in 2016-l'l after due verifications.

Inelectronicmedia,4gcasesofcornplaintsonmisleadingadvertisementswere upheld  by ASCI in 2014.

- (e) In Print Media, PCI monitors and takes cognizance  suo-motu  or on complaint' of misleading  advertisemenf*t.r"  it is prima-facie  satisfied of violation of the norms / suidelines  on ethics ofjoumaiirii.  p.u.ii...  pcl is also one of the party to a committee $;; byilMtnirt  y oicontuttiAffuit'  to curb misleading  advertisements'

With regard to electronic media, this Ministry  issued  an advisory on 21'8'2014 advisingallTVchannelsnottotelecastadvertisementswhichwerefoundtobeviolating of Cable Television N"t*ott  Rules,  1994 and also Drugs & Magic Remedies (Objectionable  Advertisement)  Act, 1954'

Besidesabove.DepartmentofConsumerAffairshavealsoincorporateda provision  of setting up an executive  authority' viz'' Central Consumer  Protection X;,il;t,t  CiP;t  ;  tt . ion.*tn"t protection  iill' 201 5 in order to bridge  the cunent ;; i;;ti.  regututory r.u."*o*  by taking action against unfair trade  practices'