Lok Sabha Question No. 1037 (UNSTARRED), answered on 2015-12-04
Subject: Misleading and Surrogate Advertisements
Ministry: INFORMATION AND BROADCASTING
Asked by: K.R.P. PRABAKARAN, ANOOP MISHRA, DUSHYANT CHAUTALA, OM BIRLA, GAJENDRA SINGH SHEKHAWAT

## GOVERNMENT OF INDIA

## MINISTRY OF INFORMATION AND BROADCASTING

LOK SABHA UNSTARRED QUESTION NO. 1037 TO BE ANSWERED ON OU12I2O15

## MISLEADING AND SURROGATE ADVERTISEMENTS

1037. SHRI K.R.P. PRABAI(ARAN:

SHRI ANOOP MISHRA:

SHRI DUSHYANT CHAUTALA:

SHRI OM BIRLA:

SHRI GAJENDRA  SINGH SHEKHAWAT:

## W|II the Minister of INFORMATION  AND BROADCASTING

be pleased to state:

- (a) whether the cases of misleading and surrogate advertisements have been on the rise in the electronic  and print  media in the country;
- (c) whether the Government  proposes  to make companies  more accountable  regarding their claims made in the advertisements, if so, the details  thereof and if not the reasons therefore;
- (b)  if so, the details thereof along with the details  of complaints received by the Government including the action  taken thereon during each of the last three years and the current year,  media-wise;
- (d) whether the Government  has issued any regulations/guidelines to electronic and print media in the matter and if so, the details thereof; and
- (e) the regulatory  mechanism to be put  in  place to check such advertisements bV companies to dupe people in buying  their products?

## ANSWER

## MINISTER OF STATE IN THE MINISTRY OF INFORMATION & BROADCASTING [cOL  RA,YAVARDHAN RATHORE (Re6.[

(a) to (e): No such study has been brought to the notice of the Ministry. In so far as private satellite  TV channels  are concerned, all advertisements telecast on such channels are regulated  in accordance  with the Advertising  code prescribed  in Rule 7 of the cable Television  Network  Rules,  1994. Rule 7(2)(viii)(A)  of the Advertising  code  provides  thar no advertisement  shall be permifted  which promotes  direcily or indirecily production, sale or consumption  of cigarettes,  tobacco products,  wine, alcohol, liquor or other intoxicants; provided  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 cable service subject to certain conditions prescribed  thereunder. Rule 7 (5) of the Advertising Code provides  that no advertisement  shall contain references  which are likely to lead the public to infer that the product  advertised or any of its ingredients has some special or miraculous or super-natural  property  or quality, which is difficult of being proved.

The Ministry has constituted  a composite Inter Ministerial Committee (lMC) under the chairmanship  of the Addl. secretary  (l&B) and comprising  officers  drawn from various Ministries  concerned including a representative  from the Advertising Standards  Council  of fndia,  to take cognizance sou-motu or look into specific complaints  regarding violation  of the Programme code and Advertising  code. The IMC functions  in a recommendatory capacity. The final decision  regarding  penalties  and its quantum  is taken on the basis of the recommendations  of lMC. The uplinking and downlinking  guidelines  carry the provisions  for penalties.  Ministry generally issues warnings  or advisories  to comply with the Programme/Advertising  codes or asks the channels to scroll apologies on their channer. occasionally,  the channels  are also taken off air either temporarily for a limited  period depending  on the gravity of the violation.  A list showing  details of action taken against TV channels for telecasting  advertisements  in violation  of Rule 7(2)(viii)(A)  regarding surrogate advertisement  and violation  of Rule 7(5) regarding misleading advertisements  is at Annexure-1.

In so far as Print Media is concerned, the  press  council of India (pcl), a statutory autonomous body has been set up under the  press  council Act, 1g7g 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) ol the Act has formulated 'Norms of Journalistic  conduct' for adherence  by the print media. The relevant  Norm 36 on the subject 'Advertisements' is at Annexure-ll. The  pcl takes cognizance,  suo-motu  or on complaints, of the contents  in print media which are in violation  of the 'Norms  of Journalistic conduct'.  The Press council of India  may warn, admonish  or censure  the newspaper,  the news agency, the editor or the journalist  or disapprove the conduct of the editor or the journalist  under the guidelines  framed by them. A list of adjudications  in print  media is at Annexure-lll,

## Detaib of action taken against  rv channels for telecast of advertisements  in violation of Rule 7(2) (viii) (A) of the Advertising  Code.

| st. No.   | Advertisements                                                                                                                      | Action Taken                                                                                                                                                                                                                                                                                                             |
|-----------|-------------------------------------------------------------------------------------------------------------------------------------|--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|
| 1.        | Advertisement of a liquor product by "NDTV Good Times" channel through telecast of the advertisement of 'Blenders Pride Music CDs'. | A Warning was issued to the channel on 06.04.2010.                                                                                                                                                                                                                                                                       |
| z.        | Advertisement of a liquor product by "Star Anando" channel through telecast of the advertisement of 'Blenders Pride Music CDs'.     | A Warning was issued to the channel on 06.04.2010.                                                                                                                                                                                                                                                                       |
|           | Advertisement of products of 'Haywards-S0O0 Soda' and 'Kingfisher Packaged Drinking Water'                                          | A directive was issued on 17.06.2010 to all TV channels to stop carrying any advertisements of a product that uses a brand or logo which is also used for cigarettes, tobacco products, wine, alcohol, liquor or other intoxicants.                                                                                      |
| 4.        | Advertisement of a product of 'McDowell's Soda'.                                                                                    | A directive was issued on 17.06.2010 to all TV channels to stop carrying any advertisements of a product that uses a brand or logo which is also used for cigarettes, tobacco products. wine, alcohol, liquor or other intoxicants.                                                                                      |
|           | Advertisements of products using brand or logo used for cigarettes, tobacco products, wine, alcohol, liquor or other intoxicants.   | A directive was issued on 17.06.2010 to:il TV- channels to stop carrying any advertisements of a product that uses a brand or logo which is also used for cigarettes, tobacco products. wine, alcohol, liquor or other intoxicants.                                                                                      |
|           | Advertisement of "McDowell's No.1 Platinum Soda" - The No.1 Spirit of Leadershio.                                                   | The Advertising Standards Council of lndia (ASCI) was requested on 22.07.2011 to take up the matter with advertisers to take these advertisements off air. ASCI informed that the complaint has been upheld. lt was also informed that the said advertisement has been withdrawn from all channels from 25th July, 2011. |
| 7.        | Advertisement of Kingfisher Beer on ET NOW channel                                                                                  | A Warning was issued to the channel on 12.9.2012.                                                                                                                                                                                                                                                                        |
| 8.        | Advertisement of VB Best Cold Beer on Star Cricket channe,                                                                          | A Warning was issued to the channel on 12.9.2012.                                                                                                                                                                                                                                                                        |
|           | Advertisement of FTV Vodka                                                                                                          | An Advisory has been issued to FTV channel on 17 -1.2013.                                                                                                                                                                                                                                                                |

## B. Details of action taken year+be in respect of misleading  advertisements  as per  the Advertbing Code.

## Yeat 2011

| Sl..No.   | Advertisements                                                                                                                                                                                                                                                               | Action Taken                                                                                                                                                                                                             |
|-----------|------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|
| 't.       | Petition was received from Shri Saurabh Joshi complaining against telecast of alleged misleading advertisements of the products like 'Badha Mukti Yantra', 'Dhan Laxmi Yantra', etc. on TV channels claiming to release oneself from bad spell or give success in life, etc. | The complaint was refered to Advertising Standards Council of India (ASCI) which upheld the complaint. Hence Ministry issued an advisory to Indian Broadcasting Foundation (lBF) and News Broadcasters Association (NBA) |
| z.        | Telecast of alleged misleading advertisements of (i) Gymnedine as remedy for diabetes and (ii) Power Prash as remedy for sexual impotency on TV channels                                                                                                                     | ASCI upheld the complaint. The Ministry issued an advisory to Indian Broadcasting Foundation and News Broadcasters Association on'12.3.20'12.                                                                            |
|           | Telecast of an alleged mistb:ding advertisement of 'Shri Dhan Laxmi yantra, on 'Filmy' TV channel.                                                                                                                                                                           | ASCI upheld the complaint.                                                                                                                                                                                               |
| 4.        | Complaint from Pratibha Naithani against telecast of following alleged misleading advertisements on TV channels: i) Ratan Rahashya ii) Lal Kitab Amrit iii) Power prasn iv) Madhu Muktam v) Deemark Shakti prash                                                             | ASCI upheld the complaint and has informed that the advertisements have stopped appearing on the channels. An Advisory has been issued to all TV channels on 7.6.2013.                                                   |

## Year 2012

| Sl.No.   | Advertisements                                                                                                                        | Action Taken                                                                                                               |
|----------|---------------------------------------------------------------------------------------------------------------------------------------|----------------------------------------------------------------------------------------------------------------------------|
| 1.       | Telecast of Advertorial 'Third Eye of Nirrnal Baba' on TV channels                                                                    | The matter was referred to IBF and NBA. They advised their memoer channels to stop the programmes relating to Nirmal Baba. |
| 2.       | Petition from Shri V Lal against an alleged misleading advertisement of Garnier Fructis Shamooo.                                      | The complaint was referred to Advertising Standards Council of India (ASCI) but was not upheld.                            |
|          | Complaint from Pradeep Kumar Roy against an alleged misleading advertisement of Bhavishya Jeevan Amrit telecast on CNEB News channel. | The advertisement siopped appearing on the channel. An Advisory has been issued to the channel on 7.6.2013                 |

## Year 2013

| Sl.No.   | Advertisements                                                                                                                                                                                                                                                     | Action Taken               |
|----------|--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|----------------------------|
| 1.       | The advertisement of Madhunashni asserted that the product advertised has special miraculous qualities to cure ailments and improve one's life and give results in soecified time.                                                                                 | ASCI upheld the complaint. |
|          | The advertisement of 'Easy Slim Tea' claims that "Have Easy Slim Tea and lose weight - don't need to exercise, don't need to eat healthy", "Lose weight become healthy", "Prevent extra marital affairs" The ad promotes bad health advice which can be dangerous. | ASCI upheld the complaint. |
|          | The advertisement of Musli Power Xtra asserts that the product advertised has special miraculous qualities to cure ailments and improve one's life and give results in specified time.                                                                             | ASCI upheld the complaint. |
| 4.       | The advertisement of Madhur Milao asserts that the product advertised has special miraculous qualities to cure ailments and improve one's life and give results in 5pecified time.                                                                                 | ASCI upheld the complaint. |

## Year 2014

| JI . No.   | Advertisement                                                                                                                                                                                                                                                                                                                                                                                                           | Action Taken                                                                                            |
|------------|-------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|---------------------------------------------------------------------------------------------------------|
| 1.         | The complaint against advertisement of Zaitoon Tara Edible Oil was deliberated bv Consumer Complaints Council (CCC) of ASCI who concluded that the claim, "Edible oil prevents cancer, diabetics, acidity, cholesterol, etc.'was not substantiated and was misleading, thus in breach of the law, particularly the Drug & Magic Remedies Act. The complaint was Upheld but advertiser did not comply with orders of CCC | The Ministry directed on 26.06.2014 all TV channers advising them not to carry the said advertisement.  |
|            | The Ministry received complaints against advertisement of 48 products in different categories which were deliberated upon by Consumer Complaints Council (CCC) of ASCI concluding that the claim made by the advertisers were misleading and contravened the prescribed Codes, but advertisers did not comply with orders of CCC.                                                                                       | The Ministry directed on 21.08.2014 all TV channels advising them not to carry the said advertisements. |

## Year 2015

| sl .No.   | Advertisement   | Action Taken   |
|-----------|-----------------|----------------|
|           | NIL             | NIL            |

## ANNEXURE AS REFERRED TO IN REPLY TO PARTS (a) to (e) OF LOK SABHA UNSTARRED OUESTION NO. 1037 FOR 04.12.2015

## EXTRACT OF NORMS OF JOIJRNALISTIC CONDUCT

## 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.  Joumalistic 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 intoxiiants.
3. iii). Newspaper shall not publish  advertisements,  which have a tendency  to malign  or hurt the religious sentiments  ofany 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 contrary  to public decency,  good  taste or tojoumalistic  ethics  or piopriety.
6. vi) Journalistic propriety demands  that advertisements  must be clearly distinguishable  from editorial matter carried in the newspaper. Newspapers  while publishing  advertisemints  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  ulooun ,o u subsidy  to the paper.
7. vii) Publication ofdummy  or lifted  advertisements  that have neither been  paid  for, nor authorised by the advertisers,  constitute  breach  ofjournalistic  ethics  specially  when the piper  raises a bill in respect of such advertisements.
8. viii) Deliberate  failure  to publish an advertisement  in all the copies ofa newspaper offends  against the standards ofjournalistic  ethics  and constitutes  gross professional  misconduci. -
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 are advised to make appropriate  thorough  inquiries before  acting upon uiy advertiiment. This newspaper  does not vouch  or subscribe  to claim and representatio-n  maOe Uy 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.  Ifresponsibility  is disclaimed,  this shall be explicitly  stated beforehand.

## *  Foot note: -

The Hon'ble  High court of Delhi in connection  with FAo No 651199g of Smt Harjeet Kaur vs Shri Surinder  Pal Singh  directed the  press  council  of India to instruct the newsiaper  to publish classified/matrimonial  advertisement  by advising  them to alongside  publish the said baution  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 acceDt 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 govemment  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 concemed  institutis are reiognized  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 of what is not the norm, the speedier  may bi acceptability  of such  matters  in 'public perception' but at what cost is the ess€ntial  ooint for consideration.  It should be bome 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.

## ANNEXURE  AS REFERRED TO IN REPLY TO PARTS (a)  to (e) OF LOK SABHA IJNSTARRED OUESTION  NO. 1037 FOR 04.12.2015

Complaint cases relating to allegedlv misleading  advertisements  (excludins  disoosed for not being perused  bv the complainant)

| S. N.   | Complainant                                                                               | Respondent                                                                                                      | Subject                                                                                                    | Action taken/ Status                                                                     |
|---------|-------------------------------------------------------------------------------------------|-----------------------------------------------------------------------------------------------------------------|------------------------------------------------------------------------------------------------------------|------------------------------------------------------------------------------------------|
|         | Shri Madhuuranthakam Prabhaka Rao, Kukatpally, Hyderabad,-72                              | The Hindu                                                                                                       | Misleading advertisement and editorial regarding Mortien Nature Guard                                      | Closed on 04.06.2012. Matter refened to the Ombudsman of                                 |
| 2.      | Shri Prabhash Kumar Jha, Ex. Chief, Singhwada, Districr Darbhanga(Bihar)                  | Times of India                                                                                                  | Objectionable advertisement regarding vaginal rejuvenation and lightening gel.                             | The Hindu. Closed on 27.08.2012 in terms of Council's resolution passed in the meeting.  |
| 3.      | Shri Deepak Chhabaria, Chairman, Employment Promotion Council of India Personnel, Mumbai. | Times of India                                                                                                  | Publication of advertisement regarding overseasjobs.                                                       | Closed on 29.10.2012, Guidelines on overseas job has already been framed by the Council. |
| 4-9.    | Shri Ramanan Nair, P.G., Kottayam, Kerala                                                 | l. The Hindu 2. The New Indian Express 3. Deepika Daily 4. Malayala Manorama 5. Mathru Bhoomi 6. Mangalam Dailv | Regarding publication of false advertisement reacting advertisement in praise of person died 43 years ago. | Closed 08.07.2013 for not taking cognizance.                                             |
| 10.     | Shri Edara Gopichand, Vice President, Media Watch India, Narasaraopet, Andhra Pradesh     | Eenadu                                                                                                          | Regarding publication of surrogate advertisement i.e. liquor 'Royal Stag' and pan masala'RMD'.             | Closed                                                                                   |
| ll      | Ms. Hemasachinsommotra <obema23 sam@gmal,com>                                             | News 24 Channel                                                                                                 | Regarding fraudulent content in the advertisement shown by the channel regarding Nirmal Baba.              | Closed being outside jurisdiction.                                                       |

## 2013-14

| s. N.   | Complainant                                                                                                               | Respondent             | Subject                                                                                                                   | Action taken/ Status                                                                    |
|---------|---------------------------------------------------------------------------------------------------------------------------|------------------------|---------------------------------------------------------------------------------------------------------------------------|-----------------------------------------------------------------------------------------|
| l.      | Shri Deepak Chhabaria, Chairman, Employment Promotion Council of India Personnel. Mumbai.                                 | Employment & NRI Times | Publication of unauthorized overseas recruitment publication.                                                             | 12.07.2013 with reiteration of the previous adjudication/ guidelines of the respondent. |
| 2.      | Shri Arvind Kumar. Under Secretary, M/o Overseas Indian Affairs Emigration Section, Akbar Bhavan, Chanakyapuri, New Delhi | RashtraDeepika         | Issuing advertisements for overseas employment by unregistered recruiting agent in violation of the Emigration Act, 1983. | Closed with reiteration of the previous adjudication/ guidelines of the respondent.     |

## 2014-15

No case has been  adjudicated  in the year 2014- 15.

## 20ls-16

No case has been  adjudicated  in the year  2015-16.