Law relating to advertisements in India an analysis

Abstract

The research on the mentioned topic was undertaken to have first hand information on the meaning, concept, historical development as well as the importance of advertising, especially in this digital era. The research is divided into various chapters. One part deals with the history of advertising across different periods while other deals with the issues specific to the advertisements and often came across by the consumers or viewers of the advertisements. Another part deals with the laws specific to the advertisements which attempt to bring out legally and ethically authentic adverts. From Constitution of India to Consumer Protection Act, 2019, an in-depth study was done to understand the provisions of different laws. Further the thesis discusses in detail the role played by the Advertising Standard Council of India (ASCI) as the regulator of the advertising industry in India. It also highlights the applicability of the ASCI code, the redressal mechanism adopted by the Consumer Complaints Council as well as the recommendations given by ASCI in different complaints filed by the consumers against advertisers as well as manufacturers. There exist different regulators for different sectors which control the industry specific advertisement related aspects. The judicial response to advertising has added a great deal by giving certain authentic precedents which have tightened the grip over the players in the advertising industry. An empirical research was undertaken to test the veracity of the advertisements and their acceptance in the society by different segments of the people. Lastly the results of the research have been concluded with certain concrete suggestions and recommendations, which if adopted, will advertisements ethically and legally responsible. newline