Lok Sabha Question No. 2557 (UNSTARRED), answered on 2018-12-27
Subject: Misleading Advertisements in Media
Ministry: INFORMATION AND BROADCASTING
Asked by: SISIR KUMAR ADHIKARI

## GOVERNMENT OF INDIA MINISTRY OF INFORMATION AND BROADCASTING

## LOK SABHA UNSTARRED QUESTION NO. 2557 TO BE ANSWERED ON 27/12/2018

## MISLEADING ADVERTISEMENTS IN MEDIA

## 2557.  SHRI   SISIR  KUMAR  ADHIKARI:

Will the Minister of INFORMATION AND BROADCASTING

be pleased to state:

- (a) whether  the  Government  is  aware  of  the  misleading  advertisements  in different medias of the country and if so, the details thereof;
- (b) whether the Government  has received any complaint against such campaigns and if so, the details thereof and the action taken thereon;
- (c) the role and evaluation report of the Advertising Standard Council of India (ASCI) on the said issue, if any; and
- (d) the proposals and the directions of the Government in this regard?

## ANSWER

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

(a) & (b): The Department of Consumer Affairs (DoCA) has informed that a portal was launched in March 2015 to enable consumers to register Grievances Against Misleading Advertisements (GAMA). Complaints received through this portal are evaluated by  Advertising  Standards  Council  of  India  (ASCI)  and  are  processed through its Consumer Complaints Council. In more than 90% of the advertisements where the complaints are upheld, the advertisers ensure compliance.  In  case  such  assurance  by  way  of  withdrawing  or  modifying  the advertisement  is  not  done  in  a  time  bound  manner,  ASCI  forwards  such complaints to the Regulator concerned to take necessary action.

Details  regarding  number  of  complaints  registered  on  GAMA  portal  and action taken from March, 2015 to November, 2018, are given below.

| COMPLAINT STATUS   | MARCH 2015 - MARCH 2016   | APRIL 2016 - MARCH 2017   | APRIL 2017- MARCH 2018   | APRIL 2018- NOVEMBER 2018   |
|--------------------|---------------------------|---------------------------|--------------------------|-----------------------------|
| NEW                |                           |                           |                          |                             |
| RESOLVED           | 730                       | 1402                      | 2362                     | 1048                        |
| REJECTED           | 270                       | 493                       | 788                      | 749                         |
| IN PROCESS         |                           |                           | 3                        | 688                         |
| ESCALATED TO       | 46                        | 457                       | 497                      | 125                         |
| TOTAL              | 1046                      | 2352                      | 3650                     | 2610                        |

In  so  far  as  advertisements  telecast  on  private  satellite  TV  channels  are concerned,  all  such  advertisements are regulated in accordance  with the Advertising Code prescribed under Cable Television Networks Rules, 1994 which are available on Ministry's website mib.nic.in. Rule 7 (5) of the Advertising Code provides that 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.

The Government has constituted an Inter-Ministerial Committee (IMC) to take cognizance suo-motu or look into specific complaints regarding violation of the Programme Code and Advertising Code, and make appropriate recommendations for action by the Government.

In so far as Print Media is concerned, the Press Council of India (PCI), set up under the Press Council Act, 1978 is mandated to maintain and improve the standards  of  newspapers  and  news  agencies  in  India  and  also  to  inculcate principles of self-regulation among the press.

(c) & (d): The Advertising Standards Council of India (ASCI) is a voluntary SelfRegulatory Organization, to protect the interest of consumers by promoting ethical advertising and to keep out false, misleading, offensive, irresponsible and unfair advertisements.

The ASCI looks into complaint across all media such as Print, TV, Radio, hoardings,  SMS,  e:mailers,  Internet  /  web-site,  product  packaging,  brochures, promotional material and point of sale material etc.

ASCI has also entered into MOU with the following Ministries/Departments:

i) Department of Consumer Affairs (DoCA)  w.e.f. March 2015 to co-regulate misleading advertisement and process complaints being received on the DoCA's GAMA (gama.gov.in) portal.

ii) Ministry of AYUSH   w.e.f. January 20, 2017 to screen misleading advertisements from the AYUSH sector as well as for processing of complaints received from General Public and / forwarded by AYUSH.

iii)       Food  Safety and Standards Authority of India (FSSAI) w.e.f. April 2016 to screen misleading advertisements from the Food and Beverages sector as well as for  processing  of  complaints  received  from  General  Public  and  /  forwarded  by FSSAI.

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