1. ADVERTISING STANDARDS IN INDIA
DHANYA N. MENON
ADVOCATE
Web Site: www.altacit.com ; E mail: ip@altacit.com

2. ADVERTISEMENTS
Public information
Market trends
Available products/services
Various Choice
Decision Making
Assist in Business Development

3. WHAT IS ADVERTISEMENT?
• Commercial speech
• Protection under Article 19(1)(a)
• Right to Information
• Dissemination of information about the sellers and
their products
• A paid-for communication
• Addressed to the Public or a section of it
• To influence the opinions or behaviour of those to
whom it is addressed.

4. WHY ADVERTISING STANDARDS?
For tracking and stopping the malpractices carried
out by advertisers in order to lure the consumers

5. LEGAL PROVISIONS
1. Obscene publication or advertisement of a lottery under the Indian Penal
Code.
2. Harmful publication under the Young Persons (Harmful Publications) Act,
1956.
3. The indecent representation of women under the Indecent
Representation of Women (Prohibition) Act, 1986.
4. Use of report of test or analysis for advertising any drug or cosmetic
under the Drugs and Cosmetics Act, 1940.
5. Inviting transplantation of organs under the Transplantation of Human
Organs Act, 1994.

6. Contd…
6. Advertisement of magical remedies of diseases and disorders
under Drugs and Magical Remedies
(Objectionable Advertisements) Act, 1954.
7. Advertisements relating to prenatal determination of sex under the
Prenatal Diagnostic Techniques (Regulation and Prevention of
Misuse) Act, 1994.
8. Advertisements of cigarettes and other tobacco products under
the Cigarettes and other Tobacco Products (Prohibition of
Advertisement and Regulation of Trade and Commerce,
Production, Supply and Distribution) Act, 2003.
9. Any political advertisement forty hours prior to polling time under
the Representation of People Act, 1951.

7. ADVERTISING STANDARDS COUNCIL OF INDIA
Non statutory Tribunal
Not-for-profit company: Section 25
Advertising industry: advertisers, advertising agencies, media
owners and allied professionals like consumer researchers,
processors, film makers.
Purpose:
Regulating content of advertising
Protecting consumer interest
Ensuring fairness in competition

8. DUTIES
• Entertains Complaints received from Consumers
• Lacked the force of legal recognition.
• 2006 Notification: TV Commercials should abide by the ASCI
Code was made compulsory for TV ads.
• “No advertisement which violates 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".

9. Contd…
Section 6 the Cable Television Networks (Regulation) Act, 1955:
Prohibits the transmission or retransmission of any ads
Through a cable service unless they are in conformity with the
ASCI Code.
Rule 7:
Prohibits any advertisement which derides any race, caste and
tends to incite people to crime, cause disorder or are indecent
Or vulgar.

10. ASCI CODE - OBJECTIVES
• Control the content of advertisements, not to hamper the sale
of products
• Make truthful and honest representations and claims which is
essential to prohibit misleading advertisements;
• Not be offensive to public decency or morality;
• Not promote products which are hazardous or harmful to
society or to individuals, particularly minors; and
• Observe fairness in competition keeping in mind consumer’s
interests.

11. APPLICABILITY/RESPONSIBILITY
• Applies to advertisers, advertising agencies and media
• All who commission create, place or publish any
advertisement or assist in the creation or publication of
any advertisement.
• Complaints against the advertisements can be made by
- any person consumers and the general public, and ad.
Agencies
- Government officials, consumer groups
- Suo Moto Complaints

12. COMPLAINTS
• Registering a complaint is free of cost
• Decides within a period of 4 to 6 weeks
• Opportunity of presenting the case.
• Withdraw/Modify

13. PRINCIPLES
I. To ensure the truthfulness and honesty of Ads. and to
safeguard against misleading advertisements.
II. To ensure that advertisements are not offensive to
generally accepted standards of public decency.
III. To safeguard against the indiscriminate use of Ads.
IV. To ensure that advertisements observe fairness in
competition

14. TRUTHFULNESS
• Truthful
• All descriptions, claims and comparisons should be
capable of substantiation
• Produce substantiation as and when called upon to do so.
• Advertisements shall not, contain any reference to
person, firm or institution, without permission.
• Should not distort facts and mislead the consumer
• Should not abuse the trust of consumers or exploit their
lack of experience – Claims should not be exaggerated.
• Obvious untruths or exaggerations are permissible

15. Contd…
Should not: -Contain nothing indecent, vulgar or repulsive
-Incite people to crime or to promote disorder and violence
-Deride any race, caste, colour, creed or
-Convey the modus operandi of any crime
-Adversely affects friendly relations with a foreign State
-Cause physical, mental or moral harm to minors
-Encourage to enter strange places or to converse with strangers
-Feature dangerous or hazardous acts which they imitate to do
-Show minors using or playing with hazardous instruments
-Feature minors for tobacco or alcohol-based products
-Propagate banned products

16. FAIRNESS
Advertisements containing comparisons are permitted if:
-The aspects of comparisons are clear
-Is not chosen in such a way as to confer an artificial advantage
-Are factual, accurate and capable of substantiation
-No likelihood of the consumer being misled
-Does not unfairly denigrate, attack or discredit other products
-Should not make unjustifiable use of the name or initials of any
-Other firm and its goodwill attached to the trade mark/symbol
-Shall not be similar to any other advertiser’s earlier run ads

17. Complaints which are upheld by ASCI

18. PARLE AGRO PVT LTD (LMN JUICE)
TVC shows - “a dry parched African site where the people
(showcased as having no water and depicted as stupid) are
scrounging for water. The TVC then says, “if you don’t have
water, drink LMN juice”.
The TVC is in extremely poor taste showing
Africannation in a bad light. The voice over,
“if you don’t have water, drink LMN juice”, is ridiculous. TVC has
nourished stereotypes about Africans which are blatantly
racist. TVC Withdrawn

19. RELIANCE COMMUNICATIONS LTD
Claim: “unlimited talk time ab
kisi bhi network par CDMA plan”.
Actually, the unlimited plan had
limited time Unlimited talk time was
offered from Reliance to Reliance
Network only – Thus misleading
TVC discontinued. Advertiser
assured that the said claim will
not be repeated again.

20. NESTLE INDIA LTD.(MAGGI KETCHUP)
TVC shows - “an obese aged gentleman consuming
Unhealthy fried burger”, and makes a misleading
claim that “Make India healthy”.
Creates an impression that by consuming unhealthy
food India can be made healthy - it is contradictory to healthy
eating habits And thus misleading.
TVC discontinued

21. COLGATE-PALMOLIVE (INDIA) LTD.
TVC shows - 3 dentists are holding `Colgate Sensitive’ pack and
The fourth dentist is holding `other’ toothpaste.
Claim – “In India 3 out of every 4 dentists recommend Colgate
Sensitive” – misleading
Claim - “Colgate Sensitive – immediate relief from pain of
Sensitive teeth” - false and misleading
Advertiser provided data supporting their claim regarding
“relief from pain for sensitive teeth”. 3 out of 4 dentists
recommend Colgate sensitive for sensitivity is not misleading.
Advertiser assured appropriate modification of the TVC.

22. COCA-COLA INDIA PVT LTD.
TVC shows - “two explorers are captured by a
tribe who is, apparently, cannibals and
appear, quite distinctly, African. One of Them
manages to get out of it by bribing them with a
soft drink bottle”.
TVC has nourished stereotypes about Africans which are
blatantly racist.
TVC withdrawn since July 2010.

23. Complaints which are not upheld
by ASCI

24. DLF IPL
TVC shows - “a passenger getting down from the train
and hurriedly walking away. When the checker asks him for his ticket.
He smartly replies that he is going to buy that. After funny arguments
when the Checker intends to fine him, the passenger answers “take
this (train) ticket. Yeh kohi ticket hai? Main toh IPL ka ticket kharid
ne jaa raha hoon”.
Claim: The words “Yeh kohi ticket hai” which is deliberately
Correlated with a railway ticket (shows platform/TC etc) Denigrates
The Indian Railway. Advertisement was done in good humour and
did not denigrate The Indian Railways.

25. Havells India Ltd
The TVC runs 'Zindagi main hum sabko paap karna
padta hai, kuchh to punya kama sakte hai, bijli bachake'. The Ad
Then upholds the energy saving proposition of the brand's CFLs”.
The Ad is showing the hanging procedure of a human being,
which is not suitable for viewing by children. Also, the TVC shows
the `hangman’ in poor light implying he is a murderer.
TVC does not portray the Hangman in poor light. Also, as the
actual act of hanging is shown through a shadow, the TVC is
not likely to offend the sensibilities of children

26. GlaxosmithKline Consumer Healthcare Ltd
Claim – “23 Vital Nutrients” that helps children to fill their key
nutritional gaps. The use of “23 Vital Nutrients” by the
Advertiser on their Horlicks pack as well as in their Ads
amounts to plagiarism.
Claim was generic and not the intellectually proprietary
right of the Complainant and hence did not amount to
plagiarism.

27. Horlicks Complan
Case was decided by the court instead of ASCI 2008.
GlaxoSmithKline Consumer Healthcare and Heinz India–ads
directly compared the brands – Both the brands denigrate each
other brand by calling each others product 'cheap‘-There were
three suits-legal and ethical issues involved in comparative
advertisement.
The first suit pertains to two advertisements by Complan (Heinz)
The second suit pertains to a print advertisement in leading
newspapers comparing ingredients of Complan & Horlicks
Third suit was filed by Complan (Heinz) against Horlicks.

28. -Law regarding disparagement: a trader can puff up his goods in
Comparison -cannot denigrate or disparage the competitor’s goods
-The two advertisements in the first suits as disparaging and beyond the
realm of permissible Puffing - word ‘cheap’ & ‘compromise’ would harm
the reputation of Horlicks.
-The advertisements in the second suit were held to be in the realm of
puffing as they seem to be based on some scientific report-decision
can be based on trial.
-The advertisements in the third suit were held to be in the realm of
puffing.
-Advertisers should be more carefully when creating comparative ads
for TV