New Delhi: The Centre on Wednesday said a detailed regulatory framework is in place to check misleading advertisements across television, print, digital and online platforms, with multiple complaint redressal mechanisms and enforcement measures available under existing laws.
In a written reply in the Lok Sabha, Minister of State for Information and Broadcasting and Parliamentary Affairs Dr. L. Murugan said advertisements aired on private satellite television channels must comply with the Advertising Code prescribed under the Cable Television Networks (Regulation) Act, 1995 and the rules framed under it.
The government said the code bars advertisements that claim miraculous or supernatural qualities for products, endanger the safety of children, promote unhealthy practices among them, or violate the self-regulatory advertising code adopted by the Advertising Standards Council of India (ASCI).
Dr. Murugan said the Cable Television Networks (Amendment) Rules, 2021 provide a statutory three-tier grievance redressal mechanism for complaints related to television content. Under this structure, complaints are addressed first through self-regulation by broadcasters, then by self-regulating bodies of broadcasters, and finally through an oversight mechanism by the Central Government.
He said Rule 16 of the 2021 Rules allows any aggrieved person to file a written complaint with the broadcaster if the content of a programme or advertisement is not in conformity with the Advertising Code. In cases involving violations of ASCI’s self-regulation code, complaints may be filed directly with ASCI, which is required to take a decision within 60 days and communicate it to both the broadcaster and the complainant.
The minister also informed the House that an Inter-Departmental Committee (IDC) has been constituted by the Central Government to hear complaints regarding violations of the Programme Code and the Advertising Code. Based on the IDC’s recommendations, action against private TV channels may include advisories, warnings, apology scrolls and off-air orders where violations are established.
The government said the Ministry of Information and Broadcasting also issues advisories from time to time to broadcasters to ensure compliance with the Advertising Code.
To further tighten checks on misleading advertisements, and in compliance with the Supreme Court’s order dated May 7, 2024, the ministry launched a new feature on the Broadcast Seva Portal for TV and radio advertisements, and on the Press Council of India portal for print and internet advertisements, for uploading Self-Declaration Certificates (SDCs).
The ministry issued an advisory on July 3, 2024, asking advertisers and advertising agencies to upload an annual SDC for advertisements related to products and services in the food and health sectors across print, electronic and internet media.
Dr. Murugan also said the Ministry of Information and Broadcasting had earlier issued advisories dated June 13, 2022, October 3, 2022, and April 6, 2023, directing print, electronic and digital media to refrain from publishing advertisements of online betting platforms or their surrogate products and services.
Separately, the minister noted that the Central Consumer Protection Authority (CCPA) under the Ministry of Consumer Affairs had notified the Guidelines for Prevention of Misleading Advertisements and Endorsements, 2022 on June 9, 2022. Complaints relating to false and misleading advertisements are addressed under the Consumer Protection Act, 2019.
