SELF REGULATION IN ADVERTISING

                             Self Regulation in Advertising

Don’ts

1.      Individual media & media groups should preferably establish their own codes of ethics.

2.      Do not possess, sell, let to hire or otherwise promote circulation of any harmful publication in any part of India. (Young person – Harmful Publication, Act 1955.)

3.      No price competition for prize exceeding Rs. 1000 a month should be held without a license. And no newspaper or other publications should publish advertisements in violation of the above prohibitions. (Prize Competition 7 Act, 1955).

4.      Advertisement – textual, pictorial, graphical or otherwise – should not generate hatred, contempt or disaffection towards Government or between different classes of citizens in India.

5.      Do not use in advertisement the name, emblem or official seal of the United Nation & some of its specialized agencies & also the India or a state Supreme Court, High Court & some official organs, Rashtrapati Bhavan, Raj Bhavan, some luminaries like Shivaji Maharaj, Mahatma Gandhi & some internationally acclaimed human service organization like St. John Ambulance Association & the Tuberculosis Association of India. Also not use any name that may suggest official patronage for the product etc. advertised. (Emblems & Names – prevention of Improper Use – Act 1950).

6.      Avoid unauthorized use in your advertisements another person’s organizations trade mark. This may attract civil & criminal liabilities. Also do not advertise your goods, etc. with false trade description which is an offence punishable under law. (Trade & Merchandise Marks Act 1958).

7.      Advertisement in any form must not be used for use of drugs for effecting miscarriage or prevention of conception in women or maintaining a man’s capacity for sexual pleasure or correcting menstrual disorders or treatment of venereal disease, etc.

8.      Similarly false or misleading advertisements for efficacy of drugs or magic remedies of certain diseases should be avoided. (Drugs & Magic Remedies – Objectionable Advertisements – Act 1954).

9.      Advertisements to get protection under Copyright Act, 1957 must be original.

10.  Do not publish or cause to be published or take part in publication of any advertisements representing a woman indecently. (Indecent Representation of women (Prohibition) Act, 1950).

11.  Do not claim orally through advertisement or by way of a product label a product to be of a quality which it does not rally possess.

12.  Do not print, possess or advertise for sale or distribution of any ticket, coupon or other document for use in prize chit or money circulating scheme or otherwise take part in any such advertisement or prize chit or Act.

13.  Advertisers are advised not to use in their advertisements for drugs or cosmetics any report of a test or analysis made by a government analyst / agency or any extract from such a report.

14.  Publicity, propaganda in various ways in connection with an election is prohibited within 48 hours of an election.

15.  Do not publish or otherwise display objectionable & unethical advertisements encouraging self-medication & self-treatment.

16.  Do not put advertisement directly or indirectly interfering with the properly of another such as wrongful pasting of bills upon someone else’s well or erecting a hoarding in front of someone’s wall.

17.  An advertisement must not obstruct a place to which the public have a right to access not should a dangerous structure be near a highway.

18.  Do not publish advertisements with obscene pictures meant merely to make money by titillating the sex feeling of adolescents and adults among whom the newspaper circulates or which constitute unwholesome exploitation of sex for money.

19.  Advertisements should not hurt the religious feeling of any community by inappropriate use of the name of photograph / pictorial presentation of gods or goddesses in promoting commercial products.

20.  Advertisements must not even tend to malign or hurt the religious sentiments of any community or section of society.

21.  Advertisements must not contravene provisions of any relevant Act.

22.  Do not publish unauthorized or unpaid dummy advertisements which are against journalistic ethics. (Press Council of India’s Advertisement Code).

23.  Since success of advertising depends on public confidence, no practice should be permitted which tends to impair this confidence.

24.  No advertisement should have the effect of impairing the confidence of the public on the product or its manufacturers for the success of the advertisement depends upon public confidence (ASCI Code).

25.  Advertisements shall not distort facts nor mislead the consumer by means of implications or omissions either by statements or visual presentations. (ASCI Code).

26.  Obvious untruths or exaggerations to amuse or attract customers are permissible only if these are not to be misunderstood as genuine qualities of a product (ASCI Code).

27.  Advertisement should contain nothing indecent vulgar or repulsive which is likely to cause grave or widespread offence (ASCI Code).

28.  Do not make indiscriminate use of advertising in situation or of the promotion of products which are regarded as hazardous or harmful to society or to individuals particularly minors to a degree or of a type which is unacceptable to society at large (ASCI Code).

 

Do’s

1.      Self regulation by the advertising industry is better than state control.

2.      Advertising trade association should be mainly concerned with maintaining high standards.

3.      Radio & Television should co-operate closely to avoid permitting advertising that might cause unfavorable social reactions.

4.      Newspapers while publishing advertisement should publish the tariff charged for each advertisement to ensure that no unusual fee over & above the normal market rate is charged, which may have other undesirable implication. (Press Council of India’s Advertisement Code).

5.      Newspaper should ensure that an advertisement is published in issues of an edition or edition contracted for. Deliberate omission constitutes gross professional misconduct. (Press Council’s of India’s Advertisement Code).

6.      There should always be proper communication, vigilance & understanding between the advertisement department & the editorial department to avoid acceptance or publication of an undesirable advertisement. (Press Council of India’s Advertisement Code).

7.      Editors should assert their right to accept or reject advertisements, particularly those which border on or cross the line between decency & obscenity. (Press Council of India’s Advertisement Code).

8.      Editors should own full responsibilities for advertisements & editorial matters published in his newspapers, unless such responsibilities are clearly disclaimed in advance in respect of any such published material. (Press Council of India’s Advertisement Code).

9.      Advertisement must be truthful in description, claims & comparisons, & these should be capable of substantiation on demand. (ASCI Code).

10.  Observe fairness in competition so that the consumers need to be informed on choice in the market-place & the canons generally accepted competitive behavior in business are both served.

11.  Abide by the Doordarshan (Indian TV) & AIR (All India Radio) advertising codes (Appendices 1 & 2) & for this purpose familiarize yourself with the legislations affecting advertising in India. Particularly the following Acts & the Rules framed under them:

ü  Drugs & Cosmetics Act 1940

ü  Drugs Control Act 1950

ü  Drugs & Magical Remedies Act 1954

ü  The Copyright Act 1957

ü  Trade & Merchandise Marks Act 1958

ü  Pharmacy Act 1948

ü  Prize Competition Act 1955

ü  Emblems & Names (Prevention of Improper Use) Act 1950

ü  Consumer Protection Act 1986

ü  Indecent Representation of Women (prohibition) Act 1986

ü  Code of Ethics for advertising in India issued by the Advertising Standards Council of India.

ü  Codes of standards in relation to the advertising of medicines & treatments (as given in annex of the Doordarshan Code)

ü  Standards of practices for advertising agencies.