SVKM’s Narsee Monjee Institute of Management Studies

School of Law
Program: B.A., LL.B. (Hons.) 8101 & B.B.A., LL.B. (Hons.) 8102
Semester: II
Module: Journalism & Mass Communication

Unit X Advertisement ,PR & Law

Ms. Bhoomika Ahuja

Assistant Professor
Advertisement, PR & Law
• Concept of Advertisement & its ethics: Difference between advertisements
and PR, Advertising Council of India
• Advertisement related Laws: Advertisement Act of 1954, Indecent
Representation (prohibition) Act, 1986 & The Drugs and Magic Remedies
(objectionable) Advertisements Act of 1954 , Unfair practices and misleading
advertisements
• Issues of Consumer Protection and impact on Advertisements
Resources
• https://keydifferences.com/difference-between-advertising-and-public-relations.html
• https://aaftonline.com/blog/public-relations-vs-advertising/
Difference Between Advertisements And PR
• Advertising and Public Relations
are the two important tools for
promoting products and services
offered by the company.
Advertising alludes to a form of
communication, which a firm uses
to instigate prospective customers
to choose the product offered by
the company, over other products.
• On the other hand, public
relations is about building and
maintaining good relations, with
company’s stakeholders, by
gaining favourable publicity,
having a good reputation and so
on.
 Difference between advertisements and PR
• Advertising: Advertising is defined as a paid,
general, one-sided public communication that puts
the product or services of a company in the public
eye through different communication channels, to
educate, impact, and instigate the target audience
to react in the way intended by the marketers.
• Advertising can be done by using various sources
like radio or television ads, print ads, flyers,
billboards, direct mail, and so on. The advertiser is
in complete control over when and how the ad will
get aired or published. The running of the ad also
depends on the advertiser’s budget.
 Difference Between Advertisements And PR
• Public Relations: Public relations or PR is a tool that
makes use of several channels, to build positive relations
for the company. PR focuses on building and maintaining
the positive image of a brand or company in front of the
people by talking about the company’s products or
services through putting out stories or articles through
the medium of print or broadcast media. It focuses on
developing a trusting relationship between its customers
and the brand.
• Public Relations involves building a positive image for a
company through unpaid methods like goodwill,
reputation, and customer feedback. Common PR
strategies include media coverage, social media
engagement, press releases, interviews, crisis
communication, featured articles, public speeches, and
news announcements, all aimed at enhancing the
company’s public perception and credibility.
Difference between advertisements and PR
Difference between advertisements and PR
BASIS FOR
ADVERTISING PUBLIC RELATIONS
COMPARISON
Meaning A technique of drawing public attention to Public Relations is a practice of strategic
products or services, mainly through paid communication that aims at building mutually
announcements, is called Advertising. beneficial relationship between the company
and the public.
Media Purchased Earned
Communication One way Two way
Focuses on Promotion of product or services, with an aim Maintaining a positive image of the company
to induce the intended audience to buy. in the media.
Control The company has full control over the ad. The company can pitch the story, but has no
control over, how media uses or does not uses
at all.
Placement Guaranteed No guarantee
Published As long as you are willing to pay for. Only once
Credibility Less High
Advertising Council of India
• The Advertisement Standards Council of India (hereinafter, "ASCI") was established in
the year 1985 under Section 25 of the Companies Act, 1956. It has been defined as a
"voluntary, self-regulatory council" which has been registered as a non-profit
company. The view with which the ASCI was formed that all the advertising activities
in India must be legal, truthful, decent, honest, with a sense of social responsibility
and in line with fair competitive conditions.
• The Advertising Standards Council of India (ASCI) aims to uphold truthfulness,
honesty, public decency, and societal standards while opposing hazardous products.
Its objectives include monitoring and promoting ethical advertising practices to
ensure that advertisements are truthful and not misleading. ASCI also ensures that
advertisements do not offend public sensibilities and that no hazardous products or
services are promoted. It prevents unfair competition in the market and maintains
ethical advertising standards. Additionally, ASCI codifies and updates a Code for Fair
Advertising and operates a Consumer Complaints Council to address grievances
regarding advertisements that violate ethical norms.
Advertising Council of India
• The Advertising Council of India (ACI) is a self-regulatory body that aims to uphold
ethical standards in advertising. It ensures that advertisements in print, digital,
and broadcast media adhere to principles of truthfulness, fairness, and social
responsibility. The primary objective of ACI is to protect consumer interests by
preventing misleading, offensive, or harmful advertisements. By setting ethical
standards, it promotes responsible advertising while maintaining a balance
between commercial interests and public welfare.
• The council plays a crucial role in monitoring advertisements to ensure
compliance with established guidelines. It provides a platform for consumers and
organizations to file complaints regarding deceptive or unethical advertisements.
Upon receiving complaints, the council investigates the matter and, if necessary,
takes corrective action by issuing notices or requesting modifications or
withdrawals of advertisements that violate ethical norms. This mechanism helps
maintain credibility and trust within the advertising industry.
Advertising Council of India
• Although the ACI is not a government body, it functions as a quasi-judicial entity
that enforces self-regulation. It emphasizes industry-led compliance rather than
state-imposed censorship, thus ensuring that the right to freedom of expression
under Article 19(1)(a) of the Indian Constitution is respected while safeguarding
consumers from misleading content. Additionally, advertising regulations must
align with reasonable restrictions under Article 19(2), which includes
considerations of decency, morality, and public order.
• The debate over self-regulation in advertising versus government intervention
continues. While the Advertising Council of India (ACI) provides an internal
mechanism to address concerns, its lack of legal enforceability raises questions
about its effectiveness. The Advertising Standards Council of India (ASCI),
established in 1985, plays a key role in maintaining ethical advertising through
self-regulation. ACI and ASCI work alongside government regulations, including
the Consumer Protection Act, 2019, which prohibits false and misleading
advertisements. Despite limitations, self-regulation allows flexibility and
innovation while promoting ethical standards. However, discussions persist on
whether misleading ads should attract stricter legal penalties or remain under
self-regulatory control. The effectiveness of such bodies depends on their ability
to enforce compliance and raise awareness about responsible advertising.
Role of the Advertising Council of India (ACI)
• The Advertising Council of India (ACI) plays a crucial role as a self-regulatory body
dedicated to maintaining ethical standards in the field of advertising. Its primary role is to
ensure that advertisements across media platforms are truthful, fair, and not misleading.
It aims to protect consumers from deceptive or harmful content and uphold public trust
in advertising. The Council monitors advertisements, receives complaints from the public
or organizations, and takes appropriate actions, such as requesting the modification or
withdrawal of unethical ads.
• Though not a statutory body, the ACI works in collaboration with other entities like the
Advertising Standards Council of India (ASCI) and aligns with government regulations,
including the Consumer Protection Act, 2019. By promoting self-regulation rather than
relying solely on government censorship, it strikes a balance between freedom of
expression and consumer rights. The ACI also engages in awareness campaigns and
educational initiatives to encourage responsible advertising practices among advertisers,
media houses, and the public.
• In summary, the ACI serves as a watchdog and ethical guide for the advertising industry,
fostering transparency, accountability, and responsible communication in India's rapidly
growing media landscape.
The Advertisement Act, 1954
• The Advertisement Act of 1954, more formally known as the Drugs
and Magic Remedies (Objectionable Advertisements) Act, 1954, is a
legislation enacted by the Government of India to regulate the
advertising of drugs and to prohibit advertisements of certain magical
remedies that claim to have miraculous healing powers. This Act was
introduced with the primary aim of protecting vulnerable consumers
from false, misleading, or exaggerated claims made in
advertisements, especially in the area of health and medicine.
• The objectives of the Act are:
• To control misleading advertisements relating to drugs and remedies.
• To prohibit claims that promote self-medication for serious diseases.
• To protect public health by restricting deceptive promotion of medicines or
magical remedies.
The Advertisement Act, 1954
• Definitions.—In this Act, unless the context otherwise requires,—
(a)Advertisement includes any notice, circular, label, wrapper or other
document, and any announcement made orally or by any means of
producing or transmitting light, sound or smoke;
(b)Drug includes—
(i) a medicine for the internal or external use of human beings or animals;
(ii) any substance intended to be used for or in the diagnosis, cure, mitigation,
treatment or prevention of disease in human beings or animals;
(iii) any article, other than food, intended to affect or influence in any way the
structure or any organic function of the body of human beings or animals;
(iv) any article intended for use as a component of any medicine, substance or
article, referred to in sub-clauses (i), (ii) and (iii);
 The Advertisement Act, 1954
• Section 3. Prohibition of advertisement of certain drugs for treatment of certain diseases and
disorders.—
Subject to the provisions of this Act, no person shall take any part in the publication of any advertisement
referring to any drug in terms which suggest or are calculated to lead to the use of that drug for—
(a) the procurement of miscarriage in women or prevention of conception in women; or
(b) the maintenance or improvement of the capacity of human beings for sexual pleasure; or
(c) the correction of menstrual disorder in women; or
(d) the diagnosis, cure, mitigation, treatment or prevention of any disease, disorder or condition
specified in the Schedule, or any other disease, disorder or condition (by whatsoever name called)
which may be specified in the rules made under this Act:
Provided that no such rule shall be made except—
(i) in respect of any disease, disorder or condition which requires timely treatment in consultation with a
registered medical practitioner or for which there are normally no accepted remedies; and
(ii) after consultation with the Drugs Technical Advisory Board constituted under the Drugs and Cosmetics
Act, 1940 (23 of 1940), and if the Central Government considers necessary, with such other persons
having special knowledge or practical experience in respect of Ayurvedic or Unani systems of medicines as
that Government deems fit.
 The Advertisement Act, 1954
• Sec 4. Prohibition of misleading advertisements relating to drugs.—
Subject to the provisions of this Act, no person shall take any part in the
publication of any advertisement relating to a drug if the advertisement
contains any matters which—
(a) directly or indirectly gives a false impression regarding the true
character of the drug; or
(b) makes a false claim for the drug; or
(c) is otherwise false or misleading in any material particular
 The Advertisement Act, 1954
• Sec 5. Prohibition of advertisement of magic remedies for treatment of
certain diseases and disorders.—
No person carrying on or purporting to carry on the profession of
administering magic remedies shall take any part in the publication of any
advertisement referring to any magic remedy which directly or indirectly
claims to be efficacious for any of the purposes specified in section 3.
 The Advertisement Act, 1954
• Sec 7. Penalty.—Whoever contravenes any of the provisions of this Act 3
[or the rules made thereunder] shall, on conviction, be punishable-
(a) in the case of the first conviction, with imprisonment which may
extend to six months, or with fine, or with both;
(b) in the case of a subsequent conviction, with imprisonment which
may extend to one year, or with fine, or with both.
 The Advertisement Act, 1954
• Sec 9. Offences by companies.—
(1) If the person contravening any of the provisions of this Act is a company, every person who, at
the time the offence was committed, was in charge of, and was responsible to, the company for
the conduct of the business of the company as well as the company shall be deemed to be guilty
of the contravention and shall be liable to be proceeded against, and punished accordingly:
Provided that nothing contained in this sub-section shall render any such person liable to any
punishment provided in this act if he proves that the offence was committed without his
knowledge or that he exercised all due diligence to prevent the commission of such offence.
(2) Notwithstanding anything contained in sub-section (1) where an offence under this Act has
been committed by a company and it is proved that the offence was committed with the consent
or connivance of, or is attributable to any neglect on the part of, any director or manager,
secretary or other officer of the company, such director, manager, secretary or other officer of the
company, shall also be deemed to be guilty of that offence and shall be liable to be proceeded
against and punished accordingly.
Explanation.—For the purposes of this section,—
(a)Company means any body corporate and includes a firm or other association of individuals;
(b) Director in relation to a firm means a partner in the firm
Indecent Representation (prohibition) Act, 1986
• The Indecent Representation of Women (Prohibition) Act, 1986 was enacted by the
Indian Parliament to combat the increasing use of sexually suggestive, derogatory, or
objectifying representations of women in media and advertisements. It aims to curb the
negative impact such depictions have on society’s moral fabric and the dignity of
women. The Act seeks to regulate content across various mediums and ensures
accountability for both individuals and organizations involved in such practices. The main
Objectives of the Act are:-
• To prohibit indecent representation of women in advertisements, publications,
writings, and other media forms.
• To penalize individuals and entities responsible for creating or circulating such
content.
• To empower authorities to enter, search, and seize material that violates the Act.
• To uphold the dignity and respect of women in public communication and cultural
representation.
Indecent Representation (prohibition) Act, 1986
• The Indecent Representation of Women (Prohibition) Act, 1986 lays down a
series of provisions aimed at curbing the objectification and derogatory
portrayal of women in various forms of media and public communication.
Section 3 of the Act explicitly prohibits any person from publishing,
exhibiting, or participating in advertisements that contain indecent
representation of women. This applies to visual, written, and multimedia
content, making it a comprehensive measure to tackle exploitation across
platforms.
• Complementing this, Section 4 extends the prohibition to the production,
sale, circulation, or postal transmission of books, pamphlets, drawings,
photographs, and films with indecent content. However, it also provides
exceptions for content justified on scientific, literary, artistic, or religious
grounds, or related to cultural heritage.
Indecent Representation (prohibition) Act, 1986
• Section 5 empowers designated Gazetted Officers to enter and search
premises where violations are suspected. These officers can seize offensive
material and must inform the nearest Magistrate, although entry into
private residences requires a warrant.
• For violators, Section 6 prescribes penalties: first-time offenders may face
imprisonment up to two years and a fine up to ₹2,000, while repeat
offences attract stricter punishment—imprisonment from six months to five
years and fines ranging from ₹10,000 to ₹1,00,000.
• In the case of corporate offences under Section 7, those in managerial or
supervisory roles are held accountable unless they can prove due diligence
or lack of knowledge. If an offence is committed with their consent,
connivance, or due to their negligence, they are deemed directly liable.
Indecent Representation (prohibition) Act, 1986
• Section 8 categorizes offences under the Act as cognizable and bailable, allowing authorities
to take immediate action without prior permission, while still enabling the accused to seek
bail.
• Section 9 ensures protection for government officials and authorities acting in good faith,
safeguarding them from legal repercussions for bona fide enforcement.
• Finally, Section 10 grants the Central Government the power to formulate detailed rules for
implementing the Act, including processes for search, seizure, and record-keeping. These
rules are subject to parliamentary scrutiny, ensuring legislative oversight and accountability
in enforcement. Together, these provisions form a robust framework to address and deter
the indecent portrayal of women in public discourse.
• The Indecent Representation of Women (Prohibition) Act, 1986 plays a vital role in
preserving the dignity of women and regulating the portrayal of women in public media and
advertisements. While it upholds constitutional values of gender equality and decency, the
Act also empowers authorities to take swift action against violators. Its balanced structure—
offering protection to both the public and sincere officials—ensures it remains a relevant
tool in India’s legal framework for gender justice.
Unfair Practices And Misleading Advertisements

• Advertising in India has transformed significantly over the centuries.

In early practices, initially, merchants used oral messages in markets
to promote their goods. Eventually, with print media coming in, the
first print advertisement appeared in 1780 in Hickey's Bengal Gazette,
focusing on announcements like births and sales.
• During the 20th Century, many developments could be seen. The
Swadeshi Movement and the establishment of printing presses in
cities like Calcutta spurred local industries to utilize advertising. This
period saw the rise of advertising agencies, emphasizing storytelling
and visual appeal in advertisements
Unfair Practices And Misleading Advertisements
• An unfair trade practice refers to any deceptive or unethical method used to promote the sale,
use, or supply of goods or services. These practices mislead consumers and violate fair
business ethics. They are categorized as follows:
• False Representation: Making misleading claims about quality, grade, price, affiliation, or
performance of goods/services, or falsely portraying old goods as new.
• False Offer of Bargain Price: Advertising goods at a "bargain price" without the real
intention to sell them at that rate for a reasonable time or in reasonable quantity.
• Free Gifts and Prize Schemes: Offering gifts or prizes with misleading intentions, or falsely
claiming that something is "free" when its cost is included in the main product price.
• Non-Compliance with Prescribed Standards: Selling goods that fail to meet mandatory
safety or quality standards, posing risk to consumers.
• Hoarding and Destruction: Deliberately hoarding, destroying, or refusing to sell
goods/services to artificially inflate prices.
• These practices are prohibited as they exploit consumer trust and distort fair competition in
the market
Unfair Practices And Misleading Advertisements
• Misleading advertising refers to the use of fraudulent or deceptive
information in digital or traditional marketing to influence consumer
behavior in a way that they wouldn't have otherwise. This type of
advertising can compel consumers to make purchases based on incorrect
or misleading information.
• False or misleading advertising can take various forms, including omitting
crucial product or service information, and it applies across different
advertising mediums such as magazines, catalogs, physical and digital
advertisements, and websites.
• But this is not just about outright lies or false claims. It can also involve
more subtle forms of deception, such as presenting information in a way
that the average consumer is likely to misinterpret, using small print to
hide important terms, or making comparative claims without a clear basis.
Unfair Practices And Misleading Advertisements
• Red Bull, famous for its slogan “Red Bull gives you wings,” faced a class
action lawsuit filed by consumers who claimed the brand’s advertising
misled them into believing the drink enhanced physical performance and
reaction time—claims they said lacked scientific evidence. In 2014, Red Bull
agreed to a $13 million settlement without admitting wrongdoing.
Consumers who purchased the drink since 2002 were eligible for
compensation. The case highlights the importance of truth in advertising
and the reputational risks brands face when marketing claims are
challenged.

• Johnson & Johnson, known for its Baby Powder, faced major
controversy and legal action over claims that its talc-based products
caused ovarian cancer and mesothelioma. The company was accused
of targeting African-American and overweight women despite safety
concerns. A Reuters investigation revealed the presence of asbestos in
some talc products, which had not been disclosed to the public or
regulators. This sparked public outrage and led to thousands of
lawsuits. Ultimately, the company discontinued its talc-based Baby
Powder, raising serious ethical questions about targeted marketing
and consumer safety.
Unfair Practices And Misleading Advertisements
• With the growth of advertising, instances of misleading advertisements also increased.
These deceptive ads often falsely described products or services, provided false
guarantees, or concealed important information, leading consumers to make uninformed
decisions.
• Legal Frameworks Addressing Misleading Advertisements
• To combat misleading advertisements, several legal measures have been implemented:
• Consumer Protection Act, 2019 (CPA, 2019): This act defines "misleading
advertisements" and establishes penalties for those responsible. Specifically, Section
89 of the Act prescribes both fines and imprisonment for offenders.
• Advertising Standards Council of India (ASCI): As a self-regulatory organization, ASCI
sets guidelines to ensure ethical advertising practices and addresses consumer
complaints regarding misleading ads.
• Role of the Ministry of Information and Broadcasting: This governmental body oversees
advertising content, ensuring compliance with established standards and taking action
against violators.
Issues of Consumer Protection and impact on
Advertisements
• While various laws address false and misleading advertisements, the Consumer Protection Act stands out as the only law that
empowers consumers to seek redressal, including compensation for harm caused by such advertisements. The Act treats misleading
advertisements as an unfair trade practice under Section 2(1)(r) and provides remedies through Section 14, which includes orders to
discontinue or correct the advertisement, compensation for loss or injury, punitive damages, and litigation costs. A particularly
significant provision is Section 14(h)(c), which allows courts to mandate corrective advertisements at the expense of the advertiser to
neutralize the misleading effect. Despite its potential to act as a strong deterrent, this provision is underutilized in practice.
• The issues of consumer protection in light of advertisements include the following:
• Deception and Misinformation: Consumers are misled into purchasing products based on false claims, exaggerated benefits, or
hidden terms, which violates their right to accurate information.
• Health and Safety Risks: Misleading ads, especially for food, health supplements, cosmetics, and drugs, can pose serious health
risks if consumers rely on unverified or false claims.
• Exploitation of Vulnerable Groups: Children, the elderly, and the less-educated are especially vulnerable to deceptive
advertising, making it easier for advertisers to manipulate their choices.
• Loss of Consumer Trust: Repeated exposure to misleading ads erodes consumer confidence in brands and the advertising
ecosystem as a whole.
• Lack of Awareness and Access to Redress: Many consumers are unaware of their rights or the mechanisms to seek redress
under the Consumer Protection Act for misleading advertisements.
• Weak Enforcement: Even though laws like the Consumer Protection Act, ASCI guidelines, and sector-specific regulations exist,
their implementation and enforcement often remain ineffective or inconsistent.
• Inadequate Corrective Measures: The provision for corrective advertisements exists but is underutilized, reducing the deterrent
effect on advertisers who resort to unethical practices.
Issues of Consumer Protection and impact on
Advertisements
• The Impact of False Advertising on Consumer Trust
• False advertising involves making deceptive, exaggerated, or outright false claims about a product or
service. This can range from overstating the effectiveness of a skincare product to using misleading
images to represent a supplement's results. When consumers discover that they’ve been misled, the
damage to their trust in that brand is often irreversible. Trust is the foundation of the consumer-brand
relationship. When customers believe that a brand is honest and transparent, they are more likely to
become loyal, repeat buyers. However, when that trust is broken, it can lead to:
• Loss of Customer Loyalty: Once consumers realize they’ve been deceived, they are less likely to
repurchase from that brand. Worse, they may also spread their negative experiences through word
of mouth or online reviews, further tarnishing the brand’s image.
• Reputational Damage: A brand’s reputation is one of its most valuable assets. False advertising can
lead to widespread public backlash, making it difficult for a brand to recover. Even if the brand
changes its ways, the stain of dishonesty can linger in the minds of consumers.
• Legal Consequences: Beyond the loss of trust, false advertising can also lead to legal action.
Regulatory bodies closely monitor advertising practices. Brands caught making deceptive claims
may face hefty fines, product recalls, or worse - legal battles that can be costly and damaging to the
brand’s image.
Issues of Consumer Protection and impact on
Advertisements
• The Broader Impact of False Advertising on the Market
• False advertising doesn’t just affect individual brands - it can also have a ripple effect across entire
industries and the broader market. When one brand engages in misleading practices, it can create a
climate of suspicion and skepticism that impacts all companies within that sector. This may lead to:
• Erosion of Industry-Wide Trust: When consumers encounter false advertising from one brand, they may
begin to distrust other brands in the same industry. For example, if multiple beauty brands are found to
exaggerate the benefits of their products, consumers may start questioning the legitimacy of similar
claims across the board, leading to a decline in overall industry trust.
• Increased Scrutiny and Regulation: High-profile cases of false advertising can attract the attention of
regulators, leading to stricter oversight and more rigorous enforcement of advertising standards. While
this is generally positive for consumer protection, it can also result in increased compliance costs for all
companies in the industry, including those that already adhere to ethical practices.
• Market Distortion: False advertising can create an uneven playing field, where dishonest companies
gain an unfair advantage over those that invest in genuine, honest marketing. This can distort the
market, making it harder for ethical brands to compete and potentially driving innovation and quality
downward as companies focus more on flashy claims than on product development.
Issues of Consumer Protection and impact on
Advertisements
• Recovery Strategies for Brands After False Advertising
• Brands that have engaged in false advertising can rebuild consumer trust
through a combination of transparency, corrective action, and
engagement. The first step is issuing a sincere public apology and being
transparent about the error, followed by removing misleading claims.
Corrective advertising can then help set the record straight by providing
accurate information. Investing in product improvements based on
customer feedback demonstrates a genuine commitment to quality.
Brands should also actively engage with consumers via social media and
customer service to rebuild relationships. Finally, obtaining third-party
verification of product claims from credible organizations can enhance
credibility and reassure consumers of the brand’s integrity.
Issues of Consumer Protection and impact on
Advertisements
• Measures for Ethical Advertising
• To ensure ethical advertising practices in India, a comprehensive approach combining stricter legal
enforcement, greater consumer empowerment, and the strengthening of self-regulatory frameworks is
essential. While several laws already exist to curb misleading and unethical advertisements, their
enforcement must be more robust and consistent. For instance, the Consumer Protection Act, 2019
contains clear provisions against false and misleading advertising and should be effectively enforced to
ensure accountability. Similarly, laws such as the Cable Television Network Rules, 1994, the Indecent
Representation of Women (Prohibition) Act, 1986, and the Drugs and Cosmetics Act, 1940 must be
stringently applied to regulate advertising content across media, particularly in relation to indecency,
exploitation, and unverified claims. Additionally, the Advertising Standards Council of India (ASCI) Code
should be given more enforcement strength, ensuring that all advertising remains legal, decent, honest,
and not harmful.
• Consumer empowerment plays a vital role in promoting ethical advertising. Educational programs
should be launched to raise awareness about consumer rights and the importance of truthful
advertising. Accessible and transparent mechanisms should also be established for consumers to report
unethical or misleading advertisements. Encouraging advertisers to be transparent about their claims
and practices can foster trust and accountability.
Issues of Consumer Protection and impact on
Advertisements
• Furthermore, self-regulatory bodies like ASCI must be strengthened through enhanced resources,
greater authority, and closer collaboration with industry stakeholders and government agencies. The
ASCI Code should be continuously updated to keep pace with the evolving digital landscape and new
forms of advertising.
• Special attention must also be given to critical areas such as truthfulness in advertising, ensuring that
all claims are accurate and evidence-based. The protection of vulnerable groups, especially children,
from manipulative or exploitative advertising is essential, particularly in sensitive sectors like education,
healthcare, and finance. Ethical advertising also demands fair competition, prohibiting deceptive
practices that mislead consumers or harm competitors. Advertising for socially sensitive or harmful
products such as tobacco and alcohol must be tightly regulated. Celebrity endorsements should be
authentic, with endorsers made aware of their responsibilities under the ASCI Code. The menace of
surrogate advertising—used to promote banned products indirectly—must be addressed decisively.
Finally, advertisements by educational institutions and platforms must be monitored to ensure they
make realistic, verifiable claims and do not mislead students and parents.
• In conclusion, ethical advertising in India can be achieved through a synergistic approach that
strengthens enforcement, empowers consumers, and ensures proactive industry self-regulation—all
while keeping pace with changing advertising practices and technologies.