Lok Sabha Question No. 188 (STARRED), answered on 2016-05-06
Subject: Misleading Advertisements
Ministry: INFORMATION AND BROADCASTING
Asked by: JYOTIRADITYA MADHAVRAO SCINDIA, ARVIND GANPAT SAWANT

## GOVERNMENT OF INDIA MINISTRY OF INFORMATION AND BROADCASTING

## LOK SABHA STARRED QUESTION NO. 188 TO BE ANSWERED ON 06/05/2016

## MISLEADING ADVERTISEMENTS

## * 188.  SHRI JYOTIRADITYA  M. SCINDIA: SHRI ARVIND SAWANT:

Will the Minister of INFORMATION AND BROADCASTING

be pleased to state:

- (a) whether the Government has taken cognizance of rise in number of misleading advertisements and endorsements on electronic and print media;
- (b) if so, the details thereof during the last three years;
- (c) whether  the  Government  has  any  mechanism  to  check  the  veracity  of  the advertisements  and  endorsements  appearing  in  electronic  media,  if  so,  the details thereof and if not, the reasons therefor;
- (d) whether  the  Government  proposes  to  constitute  any  Authority/Body  to  control misleading advertisements; and
- (e) if  so,  the  details  thereof  and  if  not,  the  reasons  therefor  along  with  other  steps proposed to be taken by the Government in this regard?

## ANSWER

THE  MINISTER  OF  FINANCE;  THE  MINISTER  OF  CORPORATE  AFFAIRS  AND  THE MINISTER OF INFORMATION & BROADCASTING (SHRI ARUN JAITLEY)

- (a) to (e):  A statement is laid on the table of the House.

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## STATEMENT AS REFERRED TO IN REPLY TO PARTS (a) TO (e)  OF LOK SABHA STARRED QUESTION No. 188 FOR ANSWER ON 06.05.2016

(a)  to  (e):  Department  of  Consumer  Affairs  (DoCA)  has  informed  that  a  large  number  of instances  of  misleading  advertisements  appear  in  various  media.  Section  2  (1)  (r)  of  the existing Consumer Protection Act 1986 provides that the practice of making any statement, whether  orally  or  in  writing  or  by  visible  representation  which  falsely  represents  that  the goods  are  of  a  particular  standard,  quality,  quantity,  grade,  composition  style  or  model; falsely represents that the services are of a particular standard, quality or grade, falls under unfair trade practices.

A  consumer  can  make  a  complaint  against  unfair  trade  practice  in  a  Consumer Forum established under the Consumer Protection Act, 1986. If the complaint is upheld by a Consumer Forum, it can order, inter alia, for removal of the defect pointed out, replacing the  goods  with  new  goods  free  from  any  defect,  issuance  of  corrective  advertisement  to neutralize  the  effect  of  misleading  advertisement  at  the  cost  of  the  opposite  party responsible for issuing such misleading advertisement, etc.

DoCA  has  further  informed  that  the  Consumer  Protection  Act,  1986  is  being amended for which the Consumer Protection Bill, 2015 has been introduced in Lok Sabha. The  Bill  seeks  to  provide  for  a  Central  Consumer  Protection  Authority,  the  objective  of which is to protect and enforce the rights of the consumers, to prevent unfair trade practices and to ensure the rights of the consumers, to prevent unfair trade practices and to ensure that no advertisement is made for any goods or services which is misleading or deceiving or contravenes the provisions of the Act and rules made thereunder.

To  ensure  inter-ministerial  coordination,  DoCA  has  established  an  Inter-Ministerial Monitoring  Committee  which  is  headed  by  Addl.  Secretary,  D/o  Consumer  Affairs  and consists  of  members  from  Bureau  of  India  Standards,  M/o  Information  &  Broadcasting, Press  Council  of  India,  Advertising  Standards  Council  of  India,  M/o  Health  &  Family Welfare,  Food  Safety  and  Standards  Authority  of  India,  Centre  for  Consumer  Studies (Indian  Institute  of  Public  Administration),  two  representatives  on  rotation  basis  from NGOs/VCOs  and  Industrial/  Business/  Trade  Bodies  and  Central  Consumer  Protection Council  etc.  The  DoCA  has  recently  launched  a  portal  to  enable  consumers  to  register Grievances Against  Misleading  Advertisements  (GAMA).  After  preliminary  scrutiny  of  the grievances registered on the portal, the grievances are forwarded to the State Government concerned or the respective Central Regulator as the case may be. Between March, 2015 and 31 st March, 2016, 1046 complaints have been received through the GAMA portal and the details of disposal are provided at Annexure-I .

-2-

In so far as advertisements appearing in private satellite TV channels are concerned, all  advertisements  telecast  on  such  channels  are  regulated  in  accordance  with  the Advertising Code available on Ministry's website mib.nic.in.  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    an  Inter  Ministerial  Committee  (IMC)  under  the chairmanship of the Addl. Secretary (I&B),  and comprising of officers drawn from various Ministries  such  as  Consumer  Affairs,  Home  Affairs,  Law  &  Justice,  Women  &  Child Development,  Health  &  Family  Welfare,  External Affairs, Defence  and  including a representative from the Advertising Standards Council of India, to  take  cognizance soumotu 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 IMC. Ministry generally issues warnings or advisories to comply with the Programme/Advertising Codes or asks the channels to scroll apologies on their channel. 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(5) regarding misleading  advertisements  is at Annexure-II.

The Advertising Standards Council of India (ASCI), a voluntary self-regulatory body of  Advertisement  Industry,  self-regulates  advertising  content  to  monitor  and  decide  on complaints  against  advertisements  making  misleading,  false  and  unsubstantiated  claims. Rule 7(9) of the Advertising Code provides that no Advertisement which violate the Code for self-regulation in advertising, as adopted by the Advertising Standards Council of India (ASCI), Mumbai for public exhibition in India, from time to time, shall be carried in the cable service.  For  the  past  three  years  the  following  number  of  advertisements  in  electronic media which were found to be making misleading, false and unsubstantiated claims are as under:

| Year      |   Total Misleading TV advertisement |
|-----------|-------------------------------------|
| 2013-2014 |                                 187 |
| 2014-2015 |                                 203 |
| 2015-2016 |                                 135 |

In year 2015,the Department of Consumer Affairs appointed ASCI as their executive arm  to process complaints received on the  GAMA  (Grievance  Against  Misleading Advertisements) portal. The details of all such complaints which are under investigation of ASCI are available on GAMA portal.

In so far as Print Media is concerned, 'The Press Council of India (PCI), 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 PCI, in furtherance of its objectives under Section 13(2) of the Act has formulated 'Norms of Journalistic Conduct' for adherence by the  print  media.  The  Norm  36  on  the  subject  'Advertisements'  framed  by  PCI  is  at Annexure -III .  The PCI takes cognizance, suo-motu or on complaints, of the contents in print media which are in violation of the 'Norms of Journalistic Conduct'. As per Section 14 of  the  Act,  the  Council,  after  holding  an  inquiry,  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  as  the  case  may  be.  Detail  of  adjudications  on  misleading advertisements in Print Media for the last three years is at Annexure-IV .

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## ANNEXURE  AS  REFERRED  TO  IN  REPLY  TO  PARTS  (a)  TO  (e)  OF  LOK  SABHA STARRED QUESTION NO. 188 FOR 06.05.2016

The details of complaints received through GAMA portal from March, 2015 are as under:

| GAMA Numbers March , 2015- March 31, 2016   |   GAMA Numbers March , 2015- March 31, 2016 |
|---------------------------------------------|---------------------------------------------|
| Successfully Resolved                       |                                         363 |
| Rejected                                    |                                         234 |
| In process (with ASCI)                      |                                          41 |
| Escalated for Regulator to intervene        |                                         391 |
| For Ministerial Group to intervene          |                                          17 |
| Total Complaints                            |                                        1046 |

## ANNEXURE  AS  REFERRED  TO  IN  REPLY  TO  PARTS  (a)  TO  (e)  OF  LOK  SABHA STARRED QUESTION NO. 188 FOR 06.05.2016

Details of action taken year-wise in respect of misleading advertisements as per the Advertising Code.

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 specified time.                                                                                 | ASCI upheld the complaint. |
|        2 | 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. |
|        3 | 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 Milap 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. |

## Year 2014

|   Sl.No . | Advertisement                                                                                                                                                                                                                                                                                                                                                                                                            | Action Taken                                                                                            |
|-----------|--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|---------------------------------------------------------------------------------------------------------|
|         1 | The complaint against advertisement of Zaitoon Tara Edible Oil was deliberated by 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 channels advising them not to carry the said advertisement.  |
|         2 | 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            |

## Year 2016 (January to April)

| Sl .No.   | Advertisement   | Action Taken   |
|-----------|-----------------|----------------|
|           | NIL so far.     | NIL            |

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## ANNEXURE  AS  REFERRED  TO  IN  REPLY  TO  PARTS  (a)  TO  (e)  OF  LOK  SABHA STARRED QUESTION NO. 188 FOR 06.05.2016

## 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  tele-talk  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.

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## ANNEXURE  AS  REFERRED  TO  IN  REPLY  TO  PARTS  (a)  TO  (e)  OF  LOK  SABHA STARRED QUESTION NO. 188 FOR 06.05.2016

Complaint cases relating to allegedly Misleading Advertisements (Excluding cases disposed for not being perused by the Complainant)

## 2013-2014

|   S.No. | Complainant                                                                                                                                | Respondent            | Subject                                                                                                                  | Action Taken/Status                                                                              |
|---------|--------------------------------------------------------------------------------------------------------------------------------------------|-----------------------|--------------------------------------------------------------------------------------------------------------------------|--------------------------------------------------------------------------------------------------|
|       1 | Sh. Deepak Chhabria, Chairman, Employment Promotion Council of Indian Personnel, 105, Sai Prasad Commercial Complex, Khar, Mumbai - 400052 | Employment &NRI Times | Publication of unauthorized overseas recruitment publication                                                             | Closed on 12.07.13 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                  | Rashtra Deepika       | 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.             |

## 2014-2015

| S. No        | Complaint    | Respondent   | Subject      | Action Taken/Status   |
|--------------|--------------|--------------|--------------|-----------------------|
| ----NIL----- | ----NIL----- | ----NIL----- | ----NIL----- | ----NIL-----          |

## 2015-2016

| S. No   | Complaint    | Respondent   | Subject   | Action Taken/Status   |
|---------|--------------|--------------|-----------|-----------------------|
|         | ----NIL----- |              |           |                       |

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