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Furthermore, it says the important aspect of the pre-vetting of
advertisements is also missing. CERC has proposed the pre-vetting
of advertisements in certain fields which are meant for vulnerable
consumers such as children, the sick, etc. as well as in fields
related to over-the-counter drugs, food supplements, health and
physical fitness, weight control, baldness, financial matters, hazardous
substances, etc.
In the light of the experience and insight gained by CERC vis-à-vis
advertisement Standards and regulatory mechanisms as well as in
the light of the I&B draft Code, CERC has urged the I&B
ministry in its representation to frame a comprehensive law on advertisements
and set up Advertisement Standards Regulatory Commissions at both
national and state levels.
In another development, the Union ministry had set up a working
group on Misleading Advertisements under the chairpersonship of
Alka Sirohi, additional secretary in the department of consumer
affairs. As a member of the Group, Prof Manubhai Shah, chairman
emeritus, CERC, was entrusted with the preparation of a long-term
report and recommendations.
Shah says the most disturbing factor is that the ministry proposes
to allow the broadcasting of alcohol advertisements. CERC has opposed
this approach in the interest of public health, especially keeping
the Indian scene in view.
CERC has also emphasized the need for substantiation of all advertisements
and their claims with documentary evidence and independent research.
Besides, it has sought provisions in the Code for sanction, issue
of corrective advertisements, replacement of goods and services,
compensation to the consumers who have suffered loss and/or injury
because of false, unfair, illegal, indecent or misleading advertisements
and provisions for minimum imprisonment and fine in the case of
any breach of the Code.
The Food Safety and Standards Act 2006 provides for fine for a
misleading advertisement, which may extend up to Rupees 10 lakh.
The representation has pointed out that the present performance
of the Advertisement Standards Council of India (ASCI), which has
only one office at Mumbai, "is far from satisfactory and is
not effective in curbing false or misleading advertisements".
ASCI has also failed to address the issue of disguised advertisements
in the form of advertorials or editorials. The decisions of ASCI
are not respected or complied with by their own members. Moreover,
advertisements not only in the electronic media but also those in
the print media need to be regulated.
Furthermore, CERC says that decisions on advertisements cannot
be entrusted to the complaints committee of ASCI which cannot implement
its own orders through its own members. This should be done by an
independent neutral body, consisting of independent, impartial leading
citizens. In any case, this cannot be effective unless there is
a special piece of legislation to deal with all types of advertisements.
The representation has added that under a CERC-European Union project
on regulatory framework for false and misleading advertisements,
CERC has prepared a draft Indian Code of Advertisement Standards
and a draft Law called Advertisement Standards Regulatory Commission
Act. Under the project, senior CERC representatives undertook study
tours of various countries of Europe for research on the regulation
prevailing there and organised a one-day seminar each at Ahmedabad,
Mumbai, Kolkata and Chennai, involving a cross-section of stakeholders,
viz. advertisement agencies, the media, legal experts, Government
officials, academics, consumer groups, etc.
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