Lok Sabha Question No. 411 (UNSTARRED), answered on 2024-02-05
Subject: Guidelines to Stop False/Misleading Advertisements by Coaching Institutions
Ministry: Education
Asked by: Shrirang Appa Barne, Sambhajirao Mane Dhairyasheel, Sanjay Sadashivrao Mandlik, Sudheer Gupta, Prataprao  Jadhav

## GOVERNMENT OF INDIA MINISTRY OF EDUCATION DEPARTMENT OF HIGHER EDUCATION

## LOK SABHA UNSTARRED QUESTION NO. 411 ANSWERED ON 05.02.2024

Guidelines to Stop False/Misleading Advertisements by Coaching Institutions

## 411 . SHRI SHRIRANG APPA BARNE:

SHRI DHAIRYASHEEL SAMBHAJIRAO MANE:

SHRI SANJAY SADASHIVRAO MANDLIK:

SHRI SUDHEER GUPTA:

SHRI PRATAPRAO JADHAV:

Will the Minister of EDUCATION be pleased to state:

- (a)  whether  large  number  of  coaching  institutes  are  misleading  the  students/aspirants  by  making false claims regarding success rates or the number of selections and if so, the details thereof;
- (b)  whether  the  Government  has  come  out  with/  prepared  a  draft  guidelines  to  stop  misleading advertisements by various coaching institutes and if so, the details thereof;
- (c) whether these guidelines are also applicable on online coaching institutes and if so, the details thereof;
- (d)  whether  some  of  the  coaching  institutes  are  also  misleading  the  consumers  by  deliberately concealing important information with respect to various selected candidates; and
- (e) if so, the details thereof and the action taken by the Government against such institutes?

## ANSWER

## MINISTER OF STATE IN THE MINISTRY OF EDUCATION (DR. SUBHAS SARKAR)

- (a) to (e): Department of Consumer Affairs is working for Consumer Protection and empowerment of consumers by enactment of progressive legislations. With a view to modernize the framework governing  the  consumer  protection  in  the  new  era  of  globalization,  technologies,  e-commerce markets etc Consumer Protection Act, 1986 was repealed and Consumer Protection Act 2019 was enacted.

Under the Consumer Protection Act, 2019, misleading advertisement in relation to any product or service is defined as an advertisement, which- (i) falsely describes such product or service; or (ii) gives a false guarantee to, or is likely to mislead the consumers as to the nature, substance, quantity or quality of such product or service; or (iii) conveys an express or implied representation which, if made by the manufacturer or seller or service  provider  thereof,  would  constitute  an  unfair  trade practice; or (iv) deliberately conceals important information.

Under  the  provisions  of  the  Consumer  Protection  Act,  2019,  the  Central  Consumer  Protection Authority (CCPA) has been established w.e.f 24.07.2020 to regulate matters relating to violation of rights  of  consumers,  unfair  trade  practices  and  false  or  misleading  advertisements  which  are prejudicial to the interests of public and consumers as a class.

The  CCPA  has  notified  the  Guidelines  for  Prevention  of  Misleading  Advertisements  and Endorsements for Misleading Advertisements, 2022 on 9th June, 2022. These guidelines inter-alia provide  for;  (a)  conditions  for  an  advertisement  to  be  non-misleading  and  valid;  (b)  certain stipulations  in  respect  of  bait  advertisements  and  free  claim  advertisements;  and,  (c)  duties  of manufacturer, service provider, advertiser and advertising agency. These Guidelines shall apply to a manufacturer,  service  provider  or  trader  whose  goods,  product  or  service  is  the  subject  of  an advertisement, or to an advertising  agency or endorser whose  service  is availed for the advertisement of such goods, product or service.

CCPA had taken sou moto action against misleading advertisements by coaching institutes. In this regard, CCPA has issued 32 Notices to coaching institutes for misleading advertisements.

Besides, Ministry of Education has prepared a Guidelines for Regulation of Coaching Centers in the  country  which  has  been  sent  to  States/UTs  for  consideration  by  way  of  appropriate  Legal framework.  The  Guidelines  inter-alia  recommends  that  no  coaching  center  shall  publish  any misleading advertisements.

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