Regulaction Act 1947

MBA
SARALA K
REG NO:- MB180042
ADVERTISEMENTS
1. Public information
2. Market trends
3. Available products/services
4. Various Choice
5. Decision Making
6. Assist in Business Development
WHAT IS ADVERTISEMENT?
 Commercial speech
 Protection under Article 19(1)(a)
 Right to Information
 Dissemination of information about the sellers and their
products
 A paid-for communication
 Addressed to the Public or a section of it
 To influence the opinions or behavior of those to whom it
is addressed.
Advertisement Meaning
 Advertisement (ad) is an efficient and effective technique to

promote goods, services, and ideas. It is a paid form of non-
personal communication wherein business information is made
available for potential customers.
 Advertisement, is derived from the Latin
word “Advertere” which literally means “to turn the minds of
… towards…”. Advertisement promotes and supplements
selling of products, services, and ideas to a great extent. The
most interesting part of an advertisement is – it carries factual
information with fascinating emotional appeal. Hence, without
a proper advertisement no business can prosper.
WHY ADVERTISING STANDARDS?
1. For tracking and stopping the malpractices carried out
by advertisers in order to lure the consumers.
2. It is a commitment to honest Advertising and to fair
competition in the market-place. It stands for the
protection of the legitimate interests of consumers and
all concerned with Advertising - Advertisers,
Media, Advertising Agencies and others who help in
the creation or placement of advertisements.
LEGAL PROVISIONS
1. Obscene publication or advertisement of a lottery under the Indian Penal

Code.
2. Harmful publication under the Young Persons (Harmful Publications) Act,

1956.
3. The indecent representation of women under the Indecent Representation of

Women (Prohibition) Act, 1986.
4. Use of report of test or analysis for advertising any drug or cosmetic under
the Drugs and Cosmetics Act, 1940.
5. Inviting transplantation of organs under the Transplantation of Human

Organs Act, 1994.
 6. Advertisement of magical remedies of diseases and disorders under Drugs and
Magical Remedies (Objectionable Advertisements) Act, 1954.
 7. Advertisements relating to prenatal determination of sex under the Prenatal

Diagnostic Techniques (Regulation and Prevention of Misuse) Act, 1994.
8. Advertisements of cigarettes and other tobacco products under the Cigarettes and
other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and
Commerce, Production, Supply and Distribution) Act, 2003.
 9. Any political advertisement forty hours prior to polling time under the
Representation of People Act, 1951.
ADVERTISING STANDARDS COUNCIL OF INDIA
Non statutory Tribunal
Not-for-profit company: Section 25
Advertising industry: advertisers, advertising agencies, media owners and allied

professionals like consumer researchers, processors, film makers.
Purpose:
1. Regulating content of advertising
2. Protecting consumer interest
3. Ensuring fairness in competition

DUTIES
• Entertains Complaints received from Consumers
• Lacked the force of legal recognition.
• 2006 Notification: TV Commercials should abide by the ASCI Code was

made compulsory for TV ads.
• No advertisement which violates the Code for Self Regulation in

Advertising, as adopted by the Advertising Standards Council of India
(ASCI), Mumbai for public exhibition in India, from time to time, shall be
carried in the cable service.
 ASCI (Advertising Standards Council of India)
INTRODUCTION
"The Advertising Standards Council of India (ASCI)", established in 1985, is a

self-regulatory voluntary organization of the advertising industry in India. It is a
non-Government body. ASCI is committed to the cause of self- regulation in
advertising ensuring the protection of the interest of consumers. ASCI seeks to
ensure that advertisements conform to its Code for Self-Regulation, which requires
advertisements to be legal, decent, honest and truthful and not hazardous or harmful
while observing fairness in competition. ASCI looks into complaints across ALL
MEDIA such as Print, TV, Radio, hoardings, SMS, Emailers, Internet / web-site,
product packaging, brochures, promotional material and point of sale material etc.
ASCI’s role has been acclaimed by various Government bodies including The
Department of Consumer Affairs (DoCA),.
 ASCI CODE – OBJECTIVES
• Control the content of advertisements, not to hamper the sale of products
• Make truthful and honest representations and claims which is essential to prohibit
misleading advertisements.
• Not be offensive to public decency or morality.
• Not promote products which are hazardous or harmful to society or to individuals,

particularly minors
• Observe fairness in competition keeping in mind consumer’s interests.

RESPONSIBILITY
 • Applies to advertisers, advertising agencies and media
 • All who commission create, place or publish any advertisement or assist in the
creation or publication of any advertisement.
 • Complaints against the advertisements can be made by
 any person consumers and the general public, and ad. Agencies
 Government officials, consumer groups
 Sue Moto Complaints

PRINCIPLES
I. To ensure the truthfulness and honesty of Ads. and to
safeguard against misleading advertisements.
II. To ensure that advertisements are not offensive to
generally accepted standards of public decency.
III. To safeguard against the indiscriminate use of Ads.
IV. To ensure that advertisements observe fairness in
competition.
Thank you

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MBA

 Advertisement (ad) is an efficient and effective technique to

1. Obscene publication or advertisement of a lottery under the Indian Penal

2. Harmful publication under the Young Persons (Harmful Publications) Act,

3. The indecent representation of women under the Indecent Representation of

5. Inviting transplantation of organs under the Transplantation of Human

 7. Advertisements relating to prenatal determination of sex under the Prenatal

Non statutory Tribunal

Not-for-profit company: Section 25

Advertising industry: advertisers, advertising agencies, media owners and allied

1. Regulating content of advertising

2. Protecting consumer interest

3. Ensuring fairness in competition

• Entertains Complaints received from Consumers

• Lacked the force of legal recognition.

• 2006 Notification: TV Commercials should abide by the ASCI Code was

• No advertisement which violates the Code for Self Regulation in

"The Advertising Standards Council of India (ASCI)", established in 1985, is a

• Not be offensive to public decency or morality.

• Not promote products which are hazardous or harmful to society or to individuals,

• Observe fairness in competition keeping in mind consumer’s interests.

 • Applies to advertisers, advertising agencies and media

 • Complaints against the advertisements can be made by

 Government officials, consumer groups

 Sue Moto Complaints

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