Lok Sabha Question No. 5664 (UNSTARRED), answered on 2019-07-26
Subject: Misleading Advertisement
Ministry: INFORMATION AND BROADCASTING
Asked by: Sudhakar Tukaram Shrangre, Ashok Kumar Rawat, Dr. T. Sumathy (a) Thamizhachi Thangapandian, Kirron  Kher, (Dr.) Ram Shankar Katheria

## GOVERNMENT OF INDIA

## MINISTRY OF INFORMATION AND BROADCASTING

## LOK SABHA UNSTARRED QUESTION NO. 5664 TO BE ANSWERED ON 26/07/2019

## MISLEADING ADVERTISEMENT

5664. SHRI SUDHAKAR TUKARAM SHRANGARE: SHRI ASHOK KUMAR RAWAT: DR. T. SUMATHY (A) THAMIZHACHI THANGAPANDIAN: SHRIMATI KIRRON KHER: DR. RAM SHANKAR KATHERIA:

Will the Minister of INFORMATION AND BROADCASTING

be pleased to state:

- (a) the  details  regarding  existing  mechanism  to  regulate  advertisements  in  all types of media platforms including theatres, if so, the details thereof;
- (b) whether several tobacco / alcohol / cigarette brands are being advertised in surrogate  manner  as  some  other  consumer  products  in  media  including Doordarshan Kendras during last three years, if so, the details of initiatives taken to curb such misleading advertisements;
- (c) the measures taken to check the broadcast of pan masala advertisement on TV;
- (d) whether obscene pictures are being broadcast by the Doordarshan Kendras, if so, the details thereof including the corrective steps taken in this regard;
- (e) whether  the  Government  has  received  any  suggestion  /  memorandum  / request  regarding  the  ban  or  legal  restriction  on  the  broadcast  of  such misleading advertisements / obscene pictures during the last three years and till date; and
- (f) if  so, the details of any stringent measures proposed by the Government in this regard?

## ANSWER

THE MINISTER OF ENVIRONMENT, FOREST & CLIMATE CHANGE; AND MINISTER OF INFORMATION AND BROADCASTING (SHRI PRAKASH JAVADEKAR)

(a): All  advertisements telecast on private satellite TV channels are regulated in accordance with the Advertising Code prescribed under the Cable Television Networks (Regulation) Act, 1995.

Contd…….. 2/-

The Central Board of Film Certification (CBFC) certifies films, including  advertisement,  for  theatrical  exhibition  in  accordance with the provisions of the Cinematograph Act, 1952.

FM Radio Channels are required to comply with the terms & conditions of the Grant of Permission Agreement (GOPA) which is executed by them with the Ministry of Information & Broadcasting at the time of granting permission to run FM radio channels.

Press Council of India (PCI) has framed 'Norms of Journalistic Conduct' which inter alia covers principles and ethics with regard to advertisements in print media.

Department  of  Consumer  Affairs  has  a  portal  'Grievance Against Misleading Advertisements' (GAMA) to handle the complaints relating to misleading advertisements.

Contd……..3/-

Advertising Standards Council of India (ASCI), a selfregulatory  body  of  advertisement  industry,  has  set-up  Consumer Complaints Council to deal with advertising content and decide on complaints  against  advertisements  making  misleading,  false  and unsubstantiated claims.

(b) & (c): Advertising  Code  under  the  Cable  Television  Networks (Regulation) Act, 1995 inter alia provides 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 television only  under certain prescribed conditions. Violations, if any, are dealt with in accordance with the laid down procedure.

In so far as Doordarshan Kendras are concerned, programmes and  advertisements  on  Doordarshan  are  telecast  as  per  the Doordarshan Broadcast Code / Commercial Code for Advertisement and in conformity of Programme and Advertising Codes prescribed under the Cable Television Networks (Regulation) Act, 1995.

Contd……..4/-

As  per  Code  for  commercial  advertising  of  Doordarshan, advertisements of Health Hazard Products like Pan Masala, cigarettes and Tobacco etc. are not telecast on Doordarshan.

(d): Programmes/Pictures telecast  on  Doordarshan  Channels  are previewed  before  telecast  keeping  in  view  the  provisions  of  the Code. Anything found misleading/objectionable/ not conforming to the standards of Code are not allowed to be telecast.

(e) & (f): The Government has an institutional mechanism to deal with the matters of misleading advertisements.  The Government has also issued Advisories to TV channels from time to time not to telecast advertisements which are found to be violating provisions of  Cable  Television  Networks  (Regulation)  Act,  1995  and  rules framed  thereunder,  ASCI  code  and  also  Drug  &  Magic  Remedies Act, 1954.

Further, it is the responsibility of the private TV channels to adhere to the Advisories issued by the Central Government under the Cable Television Networks (Regulation) Act, 1995.

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