legal environment advertising etahics final
TRANSCRIPT
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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