The Government of India has reiterated that advertisements claiming miraculous or supernatural properties for products are prohibited under the existing regulatory framework governing television broadcasting and consumer protection. The enforcement of these provisions is aimed at safeguarding consumers from misleading promotional practices and ensuring accountability among advertisers, broadcasters and endorsers.
The information was presented in the Lok Sabha by Minister of State for Information and Broadcasting and Parliamentary Affairs L Murugan in a written reply to Member of Parliament M K Vishnu Prasad.
Advertising Code Under Cable Television Law
According to the Ministry of Information and Broadcasting, all advertisements broadcast on private satellite television channels are required to comply with the Advertising Code prescribed under the Cable Television Networks Regulation Act 1995 and the rules framed under the legislation.
Rule 7 subsection 5 of the Advertising Code explicitly prohibits advertisements that suggest a product or any of its ingredients possesses special, miraculous or supernatural qualities that cannot be scientifically proven.
The rule states that no advertisement should contain references that could lead the public to believe that a product has extraordinary properties which are difficult or impossible to substantiate with credible evidence.
Officials noted that the ministry monitors compliance with the Advertising Code and takes appropriate action against television channels when violations are detected. In addition, advisories are periodically issued to broadcasters to ensure that advertisements aired on their platforms adhere to the prescribed standards and legal provisions.
Role Of Central Consumer Protection Authority
Consumer protection against misleading advertisements is also regulated through the Central Consumer Protection Authority, which has been established under Section 10 of the Consumer Protection Act 2019.
The authority is empowered to regulate matters related to violations of consumer rights, unfair trade practices and false or misleading advertisements. It also has the mandate to protect and enforce the rights of consumers as a collective group.
Under its statutory powers, the Central Consumer Protection Authority issued the Guidelines for Prevention of Misleading Advertisements and Endorsements for Misleading Advertisements in 2022.
These guidelines lay down comprehensive provisions governing the creation and dissemination of advertisements and define the responsibilities of manufacturers, service providers, advertisers and advertising agencies.
Conditions For Valid Advertisements
The guidelines specify conditions that advertisements must satisfy in order to be considered valid and non misleading.
They include provisions addressing bait advertisements, restrictions on surrogate advertisements and safeguards relating to advertisements targeting children.
The guidelines also prescribe rules regarding disclaimers in advertisements and require that any claims made in promotional material must be supported by verifiable evidence.
Advertisers and advertising agencies are required to ensure that advertisements are truthful, transparent and not deceptive to consumers.
Due Diligence For Endorsements
Clause 13 of the guidelines deals specifically with endorsements in advertisements and establishes the requirement of due diligence by endorsers.
The clause mandates that any endorsement appearing in an advertisement must reflect the genuine and reasonably current opinion of the individual, group or organisation making the representation.
Such endorsements must be based on adequate information or experience with the product or service being promoted and should not mislead or deceive consumers.
The guidelines further stipulate that professionals who are barred under any existing law from endorsing advertisements related to their profession cannot participate in such promotional activities.
In cases where Indian professionals are legally restricted from making endorsements related to a particular profession, foreign professionals belonging to the same profession are also prohibited from making such endorsements in India.
Strengthening Consumer Protection
Officials said the regulatory framework aims to prevent deceptive marketing practices and ensure that consumers are not misled by exaggerated or unverified claims in advertisements.
By enforcing the Advertising Code and the guidelines issued by the Central Consumer Protection Authority, the government seeks to create greater accountability in advertising practices across television and other media platforms.
The provisions are intended to ensure that promotional content does not exploit consumer trust by making false claims regarding health benefits, performance outcomes or extraordinary properties of products.
Authorities emphasised that continued monitoring of advertising practices and enforcement of regulatory guidelines remain essential for protecting consumer interests and maintaining transparency in commercial communications.
