Lok Sabha Question No. 4729 (UNSTARRED), answered on 2021-03-24
Subject: Obscene and Misleading Advertisements
Ministry: ELECTRONICS AND INFORMATION TECHNOLOGY
Asked by: Kirron  Kher

## GOVERNMENT OF INDIA MINISTRY OF ELECTRONICS AND INFORMATION TECHNOLOGY

## LOK SABHA UNSTARRED QUESTION NO. 4729

TO BE ANSWERED ON: 24.03.2021

## OBSCENE  AND MISLEADING ADVERTISEMENTS

## 4729.   SHRIMATI KIRRON KHER:

Will the Minister of ELECTRONICS AND INFORMATION TECHNOLOGY  be pleased to state:

- (a)  whether  the  companies  are  disseminating  obscene,  misleading  and  undesired  advertisements through e-mail, WhatsApp messenger, Facebook, etc. for their financial benefit;
- (b)    if  so,  the  details  of  the  complaints  received  and  the  steps  taken  by  the  Government  in  this regard;
- (c)  whether the said disseminated messages are against the traditions of Indian culture and society which  are  adversely  affecting  the  young  generations  and  if  so,  the  details  thereof  and  the reaction of the Government thereto; and
- (d) the effective steps proposed to be taken by the Government to check the dissemination of the said messages?

## ANSWER

## MINISTER OF STATE FOR ELECTRONICS AND INFORMATION TECHNOLOGY (SHRI SANJAY DHOTRE)

(a) to (d): There have been media reports about appearance of obscene, misleading and undesired advertisements on various social media platforms. Further, Ministry of Electronics and Information Technology has also received several grievances in this regard.

The  Department  of  Consumer  Affairs  has  launched  an  online  portal  called  GAMA  (Government Against Misleading Advertisements) where consumers can lodge complaints relating to misleading advertisements.  Upto 18.03.2021, 17923 complaints against misleading advertisements have been received on the GAMA portal.  Out of these, 11988 complaints have been resolved, and remaining complaints are either rejected or pending with Regulators or other Ministries/ Departments.

Further,  under  the  provisions  of  Consumer  Protection  Act,  2019,  a  Central  Consumer  Protection Authority (CCPA) has been established w.e.f. 24.07.2020 which, inter-alia looks into the complaints of  misleading  advertisements.    The  Act  also  provides  that  where,  after  preliminary  inquiry,  the Central Authority is of the opinion that the matter is to be dealt with a Regulator established under any other law for the time being in force, it may refer such matter to the concerned Regulator along with its report.

The  platforms  like  Facebook,  WhatsApp  messenger  etc.,  for  third  party  content  hosted  on  their platforms are intermediaries as defined in the Information Technology (IT) Act, 2000. In order to provide  enhanced  user  safety  as  also  accountability  of  digital  media  platforms,  Government  has notified  the  Information  Technology  (Intermediary  Guidelines  and  Digital  Media  Ethics  Code) Rules, 2021 under the Act. These Rules require that the intermediaries follow certain due diligence as prescribed. The intermediaries are required to publish privacy policy, Rules and regulations and terms  and  conditions.    They  are  also  required  to  inform  their  users  not  to  host,  display,  upload, modify,  publish,  transmit,  update  or  share  any  information  that  is, inter  alia ,  harmful,  harassing, defamatory,  libelous,  invasive  of  another's  privacy,  hateful,  racially  or  ethnically  objectionable, disparaging, or otherwise unlawful in any manner. They are also expected to remove any unlawful content as and when brought to their knowledge either through a court order or through a notice by appropriate government or its agency.

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