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Author: Admin | 2025-04-28
Act, 1995 also plays an essential role in the regulation of advertisements broadcasted through cable networks. Under this Act, advertisements must adhere to the Advertising Code prescribed by the Ministry of Information and Broadcasting.Rule 7 of the Cable Television Network Rules, 1994 states that no advertisement that violates ASCI’s guidelines or the code of ethics shall be broadcast on cable television. This effectively gives statutory recognition to the ASCI Code and its applicability to television advertisements.Functions and Role of Advertising Standards Council of India (ASCI) ASCI performs several critical functions in regulating the advertising industry, from reviewing complaints to issuing guidelines and ensuring compliance with its code of ethics. Complaint Resolution MechanismOne of ASCI’s primary roles is the resolution of complaints regarding advertisements. ASCI provides consumers, competitors, and stakeholders with a platform to file complaints about advertisements they believe are misleading, offensive, or unethical.The ASCI Consumer Complaints Council (CCC): Once a complaint is filed, ASCI’s Consumer Complaints Council (CCC) reviews the advertisement in question. The council consists of independent experts and industry representatives who evaluate whether the advertisement violates the ASCI Code.Judgment Reference: In Colgate Palmolive (India) Ltd. v. Reckitt Benckiser (India) Ltd. (2016), ASCI was tasked with reviewing complaints regarding comparative advertising. The judgment upheld ASCI’s role in ensuring that advertisements maintain fairness, especially in cases where advertisers compare their products to those of competitors. Monitoring Digital AdvertisementsWith the rise of digital platforms, the scope of ASCI’s regulatory activities has expanded to include online advertisements. ASCI monitors digital advertisements across various platforms to ensure compliance with the ASCI Code. The organization also partners with tech companies and digital media platforms to implement mechanisms for flagging inappropriate or misleading ads. Partnership with Government and Statutory BodiesASCI works closely with government agencies and statutory bodies to ensure that advertisements comply with legal standards. For instance, ASCI has an agreement with the Food Safety and Standards Authority of India (FSSAI) to monitor food and beverage advertisements, ensuring that they adhere to the guidelines concerning health claims and nutritional standards.Case Laws Involving Advertising Standards Council of India (ASCI)Several landmark cases have shaped ASCI’s role in the regulation of advertising in India. Below are some notable case laws: Procter & Gamble Home Products v. Hindustan Unilever Ltd. (2014)This case involved a dispute between two leading consumer goods companies over a comparative advertisement that claimed one product was superior to the other. ASCI intervened to determine whether the advertisement adhered to ethical standards and whether it provided a truthful comparison of the products.The court ruled in favor of ASCI’s authority to regulate comparative advertisements, emphasizing the importance of fair competition and preventing misleading comparisons in advertising. Dabur India Ltd. v. Emami Ltd. (2018)This case involved misleading advertisements related to health products. The court held that ASCI’s role in regulating advertisements in the health and wellness industry was crucial, especially when false claims could harm consumer health. The court recognized ASCI as a vital body for ensuring that advertisements promoting health products were based on factual
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