ADVERTISEMENT GUIDELINES

Context

Key Points

• The guidelines are pathbreaking because they fill significant consumer protection gaps while explicitly outlining advertiser duties.
• An advertisement is valid if it contains an accurate and honest representation of goods and does not exaggerate its accuracy, scientific validity, practical usefulness, or capability.
• In a prominent move, advertisements that condone, encourage, inspire or unreasonably emulate behaviour that could be dangerous for children or take advantage of children's inexperience, credulity or sense of loyalty etc. have been prohibited.
• It must be noted that rather than defining what constitutes a misleading or invalid advertisement the guidelines have sought to define valid or non-misleading advertisement.
• This take on policy drafting significantly reduces the scope for the exploitation of any inadvertent loopholes.

Valid advertisement

• The guidelines lay down the conditions for non-misleading and valid advertisements.
• An advertisement can be considered non-misleading if it contains an accurate and honest representation of goods and does not exaggerate the accuracy, scientific validity or practical usefulness or capability.
• In case of unintentional lapse, the advertisement may still, be considered valid if the advertiser has taken prompt action in letting the consumer know the deficiency.

Surrogate advertisements

• The surrogate advertisement refers to the advertisement of goods in the shadow of other goods.
• For example, the advertisement for Tobacco in the grab of pan masala.
• The advertisement of tobacco is prohibited by the law.

• The guidelines seek to ensure that these grey areas are filled by the black letter of the law, completely disallowing any attempts to advertise products that are otherwise prohibited by law.

Guidelines

• Another important issue taken up by the new guidelines is the discouragement of “children targeted advertisements”
• The guidelines require advertisements including "Chips, carbonated beverages and other snacks and drinks" shall not be cast on channels exclusively meant for children.
• It remains to be seen if such a guideline can survive a challenge under Article 14 and Article 19(1) (g) of the Indian constitution in as much as it impinges upon the right of the channels such as Cartoon Network to earn revenue from such advertisements.
• It introduced the need to have disclaimers in advertisements to clarify a claim made in such advertisement or make qualifications or resolve ambiguities therein to explain such claim in further detail.
• The advertiser must not attempt to hide material information concerning any claim made in such advertisement, the omission or absence is likely to make the advertisement deceptive or conceal its commercial intent.
• The guidelines require that the disclaimer must be visible to normal sight persons and prominently placed so that the consumer may read it carefully.
• The guidelines also impose duties on the manufacturers, service providers and advertising agencies to not claim and make comparisons in an advertisement that relates to matters of objectively ascertainable facts.
• The advertisement must be framed to gain the trust of the consumers and not to abuse the trust of consumers or exploit their lack of experience or knowledge.
• The enforcement issues in existing advertisement laws have been addressed by the guidelines in as much as it imposes severe penalties.
• This is momentous in empowering customers against mischievous advertisers.
• The advertisers must take a cue from the guidelines and impose self-regulation to comply with the same.
• It must be hailed as a step in the right direction.
• There is a definite need to ensure their implementation in the spirit they have been drafted with.