Legal Environment Advertising Etahics Final

7/27/2019 Legal Environment Advertising Etahics Final

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Alan CollacoSecretary General

ASCI


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Advertising standards council of India (ASCI) A voluntary self-regulatory council

Formed in 1985

ASCI team comprises of Board of Governorsand Consumer Complaints Council (CCC)

Overarching Goal of ASCI To maintain and enhance the public's confidence in

advertising.


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All 4 sections connected with advertising viz.: Advertisers

Advertising Agencies

Media (owners of press, television, Radio etc.)

Related sectors (outdoor agencies, PR, market researchers,ad producers, business schools etc.)

come together & agree to voluntarily comply with a set ofguidelines or rules ie the code to protect:

Consumer interest

Ensure fair play amongst competitors


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To ensure the truthfulness and honesty of

representations and claims made by advertisements

and to safeguard against misleading advertisement.

To ensure that advertisements are not offensive to

generally accepted standards of public decency.


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To safeguard against the indiscriminate use of advertising

for the promotion of products which are regarded as

hazardous to society or to individuals to a degree or of a

type which is unacceptable to society at large.

To ensure that advertisements observe fairness in

competition so that the consumers need to be informed on

choices in the market-place and the canons of generally

accepted competitive behaviour in business are both

served.


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Laws that affect Advertising in India Cable Television Network Act

Drugs and Cosmetics Act

Drugs Price Control Act,

Drugs and Magic Remedies (ObjectionableAdvertisements) Act,

Emblems and Names (Prevention of Improper Use) Act

Copyright Act

Trademarks Act

Patents Act Introduction to Intellectual PropertyRight

Indecent Representation of Women (Prohibition) Act


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No Advertisement Which Violates The Code For Self-

Regulation In Advertising As Adopted By The Code By

TheAdvertising Standards Council Of India (ASCI),Mumbai Of Public Exhibition In India, From Time To

Time, Shall Be Carried In The Cable Service


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Derides any race, caste, color, creed and nationality;

Is against any provision of the constitution of India;

Tends to incite people to crime, cause disorder or violence, or

breach of law or glorifies violence or obscenity in any way;

Presents criminality as desirable;

Exploits the national emblem, or any part of the constitution or

the person or personality of the national leader or a state

dignitary;

No Advertisement Shall Be Permitted

Which:-


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No advertisement shall be permitted

Which projects a derogatory image of women.

Women must not be portrayed in a manner that emphasizes

passive, submissive qualities and encourages them to play asubordinate, secondary role in the family and society.

Portrayal of the female form, should be tasteful and

aesthetic, and within the well established norms of good

taste and decency;

Exploits social evils like dowry, child marriage;


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Promotes directly or indirectly production , sale or consumption

of :

1. Cigarettes, tobacco products, wine, alcohol, liquor or other

intoxicants;

Provided that a product that uses a Brand name or

Logo which is also used for cigarettes, tobacco products, wine,alcohol, liquor or other intoxicants, may be advertised on cable

service subject to the following conditions that:-

The story board or visual of the advertisement must depict only

the product being advertised and not the prohibited products in

any form or manner;

No advertisement shall be permitted


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The Act regulates the import into, manufacture

distribution and sale of drugs and cosmetic in

the country

The Act was amended to impose more strict

penalties for manufacture and sale of

adulterated or spurious drugs or drugs not ofstandard quality which are likely to caused

death or grievances hurt to the user


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Cosmetics included toilet soap as it may containharmful ingredients

The competent gelatin was induced in the drug

Patent and proprietary medicines includedAyurveda, Siddha or Unani systems of medicines

The Central Government is empowered to

prohibit import of manufacture of drugs andcosmetics if it is harmful to humans as well asanimals


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Any person with license has to maintain recordsand other documents and to produce themwhen required

Inspectors are empowered to stop and searchany vehicias carrying drugs & cosmetics if anoffence under the Act is being committed

enhancement of the quantum of punishment

for offences under the Act The Technical Advisory Board will have

representatives or experts in Ayurvedic, Siddhaand Unani systems of medicine


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The Drug & Magic Remedies

(Objectionable Advertisement)Act 1954


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This is an act to control the advertisement of drugs in

certain cases, to prohibit the advertisement for certain

purposes of remedies alleged to possess magic qualities

and to provide for matters connected herewith

According to the Act Magic Remedy includes a talisman

mantra, kavacha and any other charm of any kind which

is alleged to possess miraculous powers for or in thediagnosis, cure mitigation, treatment or prevention of any

disease in human beings or animals


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The legislation enacted by the center, was

under the entry Drugs and Poisons and

Legal, Medical and other Professions in theconcurrent list


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1) Subject to the provisions of this Act, no personshall take part in the publication of anyadvertisement relating to a drug if theadvertisement contains any matter which:

Directly or indirectly gives a false impressionregarding the true character of the drug

Makes a false claim for the drug

Is otherwise false or misleading in anyparticulars


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2) No person shall import into and export fromIndia certain ads referred to section 3,4 and

5 which has been prohibited

3) No person shall take any part in thepublication of any advertisement referring toany drugs in terms which suggest or arecalculated to lead to the use of that drug

for: The miscarriage in women or prevention of

conception in women


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The maintenance or improvement of thecapacity of human being for sexual pleasures

The correction of menstrual disorder in

women

The diagnosis, cure mitigation, treatment orprevention of any disease, disorder or

condition specified in the schedule or whichis specified in the rules


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The order was passed so that the government

may regulate the equitable distribution and

increasing supplies of a bulk drug specified inthe first schedule and make it available at a fair

price and specify a maximum sale price at

which such bulk shall be sold


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If the manufacturer desires a revision of themaximum sale price and application may be madeto the government

The manufacturer has o give details of all scheduled

drugs along with the cost of such bulk drugs

The government can by this order, directmanufacturers to sell to other manufacturer of

formulations of it deems necessary The government had the power to fix the retail

price of a scheduled formulation. This fixed pricecannot be increased by any manufacturer


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The Emblems and Names

(Prevention of Improper Use)Act 1950


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This is an act to prevent the improper use of

certain emblems and names for commercial

and professional purposes. It extends to thewhole of India and also applies to citizens of

Indian living outside India. The name, emblem

or official seal of the following organizations

cannot be used:


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United Nations, World Health Organization, TheIndian Flag, The Government of India or any of itsdepartments, The State Government, ThePresident, Governor, UNESCO, The International

Civil Aviation Organization, World MetrologicalOrganization, International Atomic Energy Agency.

The name of pictorial representation of Rashtrapati

Bhava, Raj Bhavan, Chhatrapati Shivaji Maharaj orMahatma Gandhi, Jawaharlal Nehru, Srimati IndiraGandhi or the Prime Minister of India.


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The name of Ashoka Chakra and Dharma

Chara or the pictorial representation ofAshoka Chakra as used in the IndianNat5ional Flag, the name of parliamenet orlegislature of any state, the supreme court,High Court, The Central Secretariat


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The name and emblem of The Rama Krishna

Math and Mission, Sri Sarada Math and TheRama Krishna Sarda Mission, The Bharat

Scouts and Guides with its emblem, the nameand emblem of the International OlympicCommittee, The National Youth Emblem, Theemblem of St. John Ambulance Association(India) and St. John Ambulance Brigade (India)


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The Copyright Act, 1957


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It introduced several new features which arebriefly indicated below:

A Copyright Officer is sought to be established underthe immediate control of a Registrar of Copyrights

who shall act under the superintendence and directionof the Central Government. The principal function ofthe Copyright Office will be to maintain Register ofCopyrights in which may be entered, at the option of

being and other relevant particulars. Such a Registerwill easily make available useful information tointerested members of public in regard to copyrightedworks


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An author assigning copyright in his work is allowedthe option to re-acquire the copyright after sevenyears but before ten years of the assignment on thecondition that he returns the amount received by him

at the time of the assignment with interest thereon. The normal of the copyright is fixed to be the life of

the author and a period of 25 years after his death asagainst the existing term of the life of the author, and

a period of 50 years after his death. Shorter terms arefixed for anonymous or pseudonymous works,cinematograph films, mechanical contrivances,photographs, etc


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The Trademarks Act 1999


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The Trade and Merchandise Marks Act, 1958It had served its purpose and review of the

existing law was necessary because of

developments in trading and commercialpractices, increasing globalization of trade and

industry, etc a need for simplification and

harmonization of trademark and to give effect

to important judicial decision.


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Hence the Trademark Act, 1999 Incorporatedthe following The registration of trademarks for services in

addition to goods Registration of trademarks which are

limitation of well known trademarks not to bepermitted.

Simplified procedure for registration withequal rights


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Enhancing punishment for the offences

relating to trade marks

Appointing and Appellate Board for speedydisposal of appeals.

The final authority for registration of

certification trademarks to the Registrarinstead of the Central Government


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The Patents Act 1970


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It extends to the whole of India. Person whocan apply for patents; Is the first inventor of the invention

Is any person being an assignee of the personwho claims to be the first invention

Is any representative of any deceased person

who immediately, before his death wasentitled to make such an application


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Application has to be for one invention only and has

to be made in the prescribed form and filed in the

patent office

When a provisional application is made, a complete

specification has to be filed within 12 monthsotherwise the application is deemed to be abandoned

Every International application under the Patent Co

-operation Treaty for a patent may be fileddesignating India only if a corresponding application

has also to be filed before the Controller in India. The

date of filling in both the places has to be same.


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The Indecent Representationof Women (Prohibition)Act 1986


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It extends to the whole of India, except theState of Jammu and Kashmir

No person shall publish or cause to bepublished, or arrange to take part in thepublication or exhibition of any ad whichcontains indecent representation of women inany form

Prohibition of publication or sending by post ofbooks, pamphlets, slide, films, drawing;photographs, etc containing indecentrepresentation of women


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The act will not apply of the prohibition isproved to be justified on the grounds that such

book, pamphlet, etc is in the interest of science,

literature, art or learning.

Any representation sculptured, painted or

otherwise represented on or in:

Ancient monument

Any temple of any car used in the conveyanceof idols or kept or used for religious purpose


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Prasar Bharati Bill


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Prasar Bharati was established in 1997

following a demand that the Governmentowned broadcasters in India should be given

autonomy, Parliament passed the Act in 1990but it was enacted in 1997

The Bill introduces Prasar Bharati as a Public

Service Broadcaster whose primary broadcastto the public is socially and culturally relevantand in public interest and welfare


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Cigarettes, tobacco, alcohol and other

intoxicants as well as infant milk substitutes,feedings bottles and infant foods are

prohibited

Doordarshan has made a significantcontribution to accelerate and stimulate

scientific tempo


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The main features of the code are: Ads should be as per the laws enacted to

protect the rights of the consumers

Ads should not project a derogatory image ofwomen and endanger the safety of children

The programmes should not criticize friendly

countries


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Ads should not attack religions or

communities

Ads should not be obscene or defamatory

Ads should not incite violence

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Legal Environment Advertising Etahics Final

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