Lok Sabha Question No. 3906 (UNSTARRED), answered on 2019-01-03
Subject: Mechanism to Monitor Misleading Advertisements
Ministry: INFORMATION AND BROADCASTING
Asked by: RAHUL RAMESH SHEWALE, SANJAY SHAMRAO DHOTRE, BHARTRUHARI MAHTAB

## GOVERNMENT OF INDIA MINISTRY OF INFORMATION AND BROADCASTING

## LOK SABHA UNSTARRED QUESTION NO. 3906 TO BE ANSWERED ON 03/01/2019

## MECHANISM TO MONITOR MISLEADING ADVERTISEMENTS

## 3906.  SHRI RAHUL SHEWALE: SHRI SANJAY DHOTRE: SHRI BHARTRUHARI MAHTAB:

## Will the Minister of INFORMATION AND BROADCASTING

be pleased to state:

- (a) the existing mechanism to monitor the misleading advertisements in electronic, print and social media across the country;
- (b) the  number  of  cases  of  misleading  advertisement  detected  by  the  existing monitoring mechanism along with the status of such cases during each of the last three years and the current year;
- (c) the  number of  misleading  advertisers  being  punished  in  the  country  so  far, State/UT-wise;
- (d) the role and  success  achieved  by  the  online  portal  launched  by  the Government to curb misleading advertisements in the country; and
- (e) the other steps taken/being taken by the Government to prevent misleading advertisements in electronic, print as well as social media?

## ANSWER

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

(a): Advertisements  telecast  on  TV  channels  are  required  to  adhere  to  the Advertising Code prescribed under the Cable TV Networks (Regulation) Act, 1995 and Rules framed thereunder. As per existing regulatory frame work there is no precensorship  on  advertisements.  Action  is  taken  whenever  violation  of  Code  is established.

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 further action by the Government.

In  so  far  as  Print  Media  is  concerned,  Press  Council  monitors  and  takes cognizance, suo-motu or on the complaints received on misleading advertisements. The Council has laid down Norm under the Head 'Advertisement' for the adherence of the print media. Complaints against misleading advertisements are adjudicated as per the provision of Press Council (Procedure for Inquiry) Regulations, 1979.

The Department of Consumer Affairs (DoCA) has informed that it has entered into an Memorandum of Understanding with Advertising Standards Council of India (ASCI)  to  monitor  the  misleading  advertisements  in print and electronic media on behalf of the Department of Consumer Affairs and take corrective actions to prevent this.  There  is  one  online  portal  'Grievance  Against  Misleading  Advertisements' (GAMA) maintained by the Department for consumers to lodge the complaints online since March, 2015 and it is being used extensively by consumers. ASCI persuades the erring advertisers to issue corrective advertisements.

(b) to (d): State wise details of Complaints are not centrally maintained. Number of complaints received in Press Council of India (PCI) and GAMA Portal during the last three years and the current year (upto 29.12.2018) is as under:

|                      |   2015- 2016 |   2016-2017 |   2017-2018 |   2018-2019 |
|----------------------|--------------|-------------|-------------|-------------|
| Number of complaints |         1051 |        2358 |        3653 |        2956 |

Complaints  are  dealt  with  in  accordance  with  the  law  and  after  following  due procedure.

(e): The Consumer Protection Bill 2018 which has been passed by the Lok Sabha on 20.12.2018, inter-alia, provides for establishment of Central Consumer Protection Authority (CCPA) to monitor misleading advertisements.

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## ANNEXURE AS REFERRED TO IN REPLY TO PARTS (a) TO (e) OF LOK SABHA UNSTARRED QUESTION NO. 3906 FOR 03.01.2019

## 36. Advertisements

i)  Commercial  advertisements  are  information  as  much  as  social,  economic  or  political information. What is more, advertisements shape attitude and ways of life at least as much, as other kinds of information and comment. Journalistic propriety demands that advertisements must be clearly distinguishable from news content carried in the newspaper.

- ii)  No  advertisement  shall  be  published,  which  promotes  directly  or  indirectly  production, sale  or  consumption  of  cigarettes,  tobacco  products,  wine,  alcohol,  liquor  and  other intoxicants.
- iii) Newspaper shall not publish advertisements, which have a tendency to malign or hurt the religious sentiments of any community or section of society.
- iv)  Advertisements  which  offend  the  provisions  of  the  Drugs  and  Magical  Remedies (Objectionable  Advertisement)  Act  as  amended  in  2002,  or  any  other  statute  should  be rejected.
- v) Newspapers should not publish an advertisement containing anything which is unlawful or illegal, or is contrary to public decency, good taste or to journalistic ethics or propriety.
- vi) Journalistic propriety demands that advertisements must be clearly distinguishable from editorial  matter  carried  in  the  newspaper.  Newspapers  while  publishing  advertisements should specify the amount received by them. The rationale behind this is that advertisements should be charged at rates usually chargeable by a newspaper since payment of more than the normal rates would amount to a subsidy to the paper.

vii)  Publication  of  dummy  or  lifted  advertisements  that  have  neither  been  paid  for,  nor authorised by the advertisers, constitute breach of journalistic ethics specially when the paper raises a bill in respect of such advertisements.

viii) Deliberate failure to publish an advertisement in all the copies of a newspaper offends against the standards of journalistic ethics and constitutes gross professional misconduct.

- ix)  There  should  be  total  co-ordination  and  communication  between  the  advertisement department  and  the  editorial  department  of  a  newspaper  in  the  matter  of  considering  the legality propriety or otherwise of an advertisement received for publication.
- x) The editors should insist on their right to have the final say in the acceptance or rejection of  advertisements,  specially  those  which  border  on  or  cross  the  line  between  decency  and obscenity.
- xi) Newspapers to carry caution notice with matrimonial advertisements carrying following text*  'Readers are advised to make appropriate thorough inquiries before acting upon any advertisement. This newspaper does not vouch or subscribe to claim and representation made by the advertiser regarding the particulars of status, age, income of the bride/bridegroom'.

xii) An editor shall be responsible for all matters, including advertisements published in the newspaper. If responsibility is disclaimed, this shall be explicitly stated beforehand.

* Foot note: -

The Hon'ble High Court of Delhi in connection with FAO No 65/1998 of Smt Harjeet Kaur Vs Shri Surinder Pal Singh directed the Press Council of India to instruct the newspaper to publish classified/matrimonial advertisement by advising them to alongside publish the said Caution Notice in their newspapers.

xiii)  Tele-friendship  advertisements  carried  by  newspapers  across  the  country  inviting general public to dial the given number for 'entertaining' talk and offering suggestive teletalk tend to pollute adolescent minds and promote immoral cultural ethos. The Press should refuse to accept such advertisements.

xiv)  Classified  advertisements  of  health  and  physical  fitness  services  using  undignified languages,  indicative  of  covert  soliciting,  are  violative  of  law  as  well  as  ethics.  The newspaper should adopt a mechanism for vetting such an advertisement to ensure that the soliciting advertisements are not carried.

xv) Advertisements of contraceptive and supply of brand item attaching to the advertisement is not very ethical, given the social milieu and the traditional values held dear in our country. A  newspaper  has  a  sacred  duty  to  educate  people  about  precautionary  measures  to  avoid AIDS and exhibit greater far sight in accepting advertisement even though issued by social welfare organisation.

(xvi)  Employment News which is trusted as a purveyor of  authentic news on government jobs should be more careful in accepting advertisements of only bonafide private bodies.

(xvii) While accepting advertisements of educational institutes newspapers may ensure that such  advertisements  carry the  mandatory  statement  that  the concerned  institutes are recognized under the relevant enactments of law.

xviii)  Advertisements  play  extremely  vital  role  in  shaping  the  values  and  concerns  of  the present day society and as more and more lenient view is taken of what is not the norm, the speedier may be acceptability of such matters in 'public perception' but at what cost is the essential point for consideration. It should be borne in mind that in the race to be globally relevant we do not leave behind the values that have earned India the unique place it enjoys globally on moral and ethical plane.

xix) Publication of an advertisement for adoption of an unborn behind  is not only illegal but also unethical. The paper should duly scrutinize advertisements before publishing them.

xx) The newspaper cannot be held responsible for publication of an advertisement given by the advertisement agency related to legal dispute on behalf of its client.

xxi) All material published  as an advertisement  or promotional  feature clearly so identified for the benefit of the public at large.

xxii) The  newspapers  and  periodicals  should  scrutinize  the  advertisement  inputs  from ethical as well as legal angles in view of the editor's responsibility for al contents including advertisement.  Under  Section  7  of  PRB  Act,  1867.  Revenue  generation  along  cannot  and should not be the sole aim of the Press, juxtaposed much large public responsibility.

xxiii) Publication seeking Kidney from willing altruistic donor is not to be made.

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## ANNEXURE-II

## ANNEXURE AS REFERRED TO IN REPLY TO PARTS (a) TO (e) OF LOK SABHA UNSTARRED QUESTION NO. 3906 FOR 03.01.2019

Complaint  cases relating to allegedly Misleading Advertisements.

## Misleading Advertisements 2015-2016

|   Sl. No. | Complainant                                                  | Respondent     | Action Taken/Status                      |
|-----------|--------------------------------------------------------------|----------------|------------------------------------------|
|         1 | Shri S.L. Sharma, Rajasthan                                  | Media          | Closed on 30.09.2015 for non-pursuance   |
|         2 | Shri Jai Singh, Uttar Pradesh                                | Amar Ujala     | Closed on 30.09.2015 for non pursuance   |
|         3 | Shri Hakrinder Pal Singh, Advocate                           | Print Media    | Closed on 26.10.2015 being non-pursuance |
|         4 | Shri Rohit Kumar, Bihar                                      | Prabhat Khabar | Closed on 23.06.2016 being non-pursuance |
|         5 | Shri Ashish Gogia, Assistant General Manager, RBI, New Delhi | Dainik Bhaskar | Closed on 29.06.2016 being non-pursuance |

## Misleading Advertisements 2016-2017

|   Sl. No. | Complainant                     | Respondent                 | Action Taken/Status                               |
|-----------|---------------------------------|----------------------------|---------------------------------------------------|
|         1 | Shri Surkant, Mumbai            | Mid-Day                    | Closed on 07.07.2017 for non pursuance            |
|         2 | Mrs. Geeta Devi                 | Bir Arjun                  | Closed on 12.08.2016 for default of requiremnts.  |
|         3 | Dr. Satyender Kapoor, Punjab    | Print and Electronic Media | Closed on 12.08.2016 for default of requirements. |
|         4 | Shri Hemant Kalra, Rajasthan    | Dainik Bhaskar             | Closed on 05.07.2017 for being non pursuance.     |
|         5 | Dr. Vishnu Rajgadiya, Jharkhand | Dainik Hindustan           | Decided on 03.03.2017 and the case was dismissed. |
|         6 | Dr. Lalit Mohan, Through Mail   | Nav Bharat Times           | Closed on 19.12.2016.                             |

## Misleading Advertisements 2016-2017

|   Sl. No. | Complainant                    | Respondent                                    | Action Taken/Status                                                              |
|-----------|--------------------------------|-----------------------------------------------|----------------------------------------------------------------------------------|
|         1 | Shri Awadesh Singh Bhadoriya   | Dainik Bhaskar                                | Closed on 28.02.2018 for non pursuance.                                          |
|         2 | Shri Jitender Malviya, Jodhpur | Rajasthan Patrika                             | Closed on 04.04.2018 for non pursuance.                                          |
|         3 | Shri Dharmendra Kunwal, Mimbai | Maharashtra Times, Lokmat and Navbharat Times | Matter was listed for hearing on 17-18 December, 2018 at the same is adjourned.. |

Note:- No such case is registered during 2018-2019.

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