Lok Sabha Question No. 1473 (UNSTARRED), answered on 2016-03-04
Subject: Adverse Effect on Children
Ministry: INFORMATION AND BROADCASTING
Asked by: KAMLA DEVI PATLE

## GOVERNMENT OF INDIA MINISTRY OF INFORMATION AND BROADCASTING

## LOK SABHA UNSTARRED QUESTION NO. 1473 TO BE ANSWERED ON 0410312016

## ADVERSE EFFECT ON CHILDREN

## 1473. SHRIMATI KAMLADEVI PAATLE:

## W|II the Minister of INFORMATION  AND BROADCASTING

## ANSWER

## MINISTER OF STATE IN THE MINISTRY OF INFORMATION & BRoADGASTING  lcoL  RAJYAVARDHAN RATHORE (Retd.)]

- (a) to (b) : No such proposal  is under consideration  of the Government.

The advertisements  telecast on private satellite  TV channels  are regulated as per Advertising Code prescribed  under the Cable Television Network  Rules, '1  994 enshrined  in the Cable Television Networks  (Regulation)  Act, 1995. Appropriate  action is taken against defaulting channels whenever  any violation  of the said codes is brought to the notice of the Ministry. The Act does not provide for pre-censorship  of the advertisements  aired on these channels. However,  all these channels are required to adhere to the said code. The said code contains for a whole range of parameters  to regulate advertisements on TV channels including  those having bearing  on child issues.  The Advertising  Code also contain a specific provision on children under Rule 7(7) that  "no  advertisement which endangers the safety of children or creates in them any interest in unhealthy  practices  or shows  them begging  or in an undignified  or indecent manner shall not be carried in the cable service."

In so far as Print Media is concerne.d,  the Press Council  of India (PCl), a statutory autonomous body has been set up under the Press Council Act, 1978 to maintain and improve the standards of newspapers and news agencies in India and also to inculcate principles of self-regulation  among the press. The PCl, in furtherance  of its objective  under Section 13(2)  of the Act has formulated 'Norms of Journalistic Conduct'  for adherence  by the print media, which incorporates  Norms regulating Advertisements  to be published  in the print media. The relevant  Norm 36 on the subject 'Advertisements'  is enclosed at Annexure.

be Dleased to state:

- (a) whether  the Government  proposes to implement any new code of conduct to regulate the content of advertisement  so that adverse effect  on children could be checked; and
- (b) if so, the details thereof?

## 36. Advertisements

- i) Commercial  advertisements  are information as much as social, economic  or political information. \ir'hat is more, advertisements  shape  attitude and ways of life at least as much, as other kinds of information and comment.  Journilistic  propriety demands  that advertisements must be clearly distinguishable  from news  content carried in the newspaper.
2. ii) No advertisement  shall be published,  which promotes  directly or indirectly production, sale or consumption ofcigarettes, tobacco products, wine, alcohol,  liquor and other intoxicants.
3. iii) Newspaper shall not publish advertisernents,  which have a tendency to malign  or hurt the religious  sentiments  of any community or section  of society.
4. 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 conirary  to public  decency,  good  taste or tojournalistic  ethics  or propriety'
6. vi) Journalistic  propriety demands  that advertisements  must be clearly distinguishable  from editorial matter carried in the n"l"rpuper. Newspapers  while publishing  advertisements  should specifu 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.
7. vii)  publication  ofdummy  or Iifted advertisements  that have neither been paid for, nor authorised by thi advertisers,  constitute  breach  ofjournalistic  ethics  specially  when  the paper raises a bill in respect of such  advertisements.
8. viii)  Deliberate  failure  to publish an advertisement  in all the copies of a newspaper offends  against the standards ofjournalistic  ethics  and constitutes  gross professional misconduct'
9. 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 ofan  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.
11. xi) Newspapers  to carry caution notice with matrimonial  advertisements  carrying  following  text* ,,Readers arl 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  ofthe bride/bridegroom"'
12. 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'

## EXTRACT OF NORMS OF JOURNALISTIC  CONDUCT

## *  Foot note: -

The Hon'ble  High Court of Delhi in connection with FAO No 65/1 998 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  tele-talk tend to pollute adolescent  minds and promote immoral cultural ethos. The Press should  refuse to accept such advertisements.

xiv) Classified padvertisements  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  ofauthentic  news on governmentjobs 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 concems ofthe present day society  and as more and more lenient view is taken  ofwhat is not the norm, the speedier may be acceptability  ofsuch 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 lndia the unique  place  it enjoys globally  on moral and ethical olane.