Question : Mechanism to Monitor Misleading Advertisements

(a) the existing mechanism to monitor the misleading advertisements in electronic, print and social media across the country;
(b) the number of cases of misleading advertisement detected by the existing monitoring mechanism along with the status of such cases during each of the last three years and the current year;
(c) the number of misleading advertisers being punished in the country so far, State/UT-wise;
(d) the role and success achieved by the online portal launched by the Government to curb misleading advertisements in the country; and
(e) the other steps taken/being taken by the Government to prevent misleading advertisements in electronic, print as well as social media?

MINISTER OF STATE (INDEPENDENT CHARGE) IN THE MINISTRY OF INFORMATION & BROADCASTING
[COL RAJYAVARDHAN RATHORE (Retd.)]

(a): Advertisements telecast on TV channels are required to adhere to the Advertising Code prescribed under the Cable TV Networks (Regulation) Act, 1995 and Rules framed thereunder. As per existing regulatory frame work there is no pre-censorship on advertisements. Action is taken whenever violation of Code is established.

The Government has constituted an Inter-Ministerial Committee (IMC) to take cognizance suo-motu or look into specific complaints regarding violation of the Programme Code and Advertising Code, and make appropriate recommendations for further action by the Government.

In so far as Print Media is concerned, Press Council monitors and takes cognizance, suo-motu or on the complaints received on misleading advertisements. The Council has laid down Norm under the Head “Advertisement” for the adherence of the print media. Complaints against misleading advertisements are adjudicated as per the provision of Press Council (Procedure for Inquiry) Regulations, 1979.


The Department of Consumer Affairs (DoCA) has informed that it has entered into an Memorandum of Understanding with Advertising Standards Council of India (ASCI) to monitor the misleading advertisements in print and electronic media on behalf of the Department of Consumer Affairs and take corrective actions to prevent this. There is one online portal “Grievance Against Misleading Advertisements” (GAMA) maintained by the Department for consumers to lodge the complaints online since March, 2015 and it is being used extensively by consumers. ASCI persuades the erring advertisers to issue corrective advertisements.

(b) to (d): State wise details of Complaints are not centrally maintained. Number of complaints received in Press Council of India (PCI) and GAMA Portal during the last three years and the current year (upto 29.12.2018) is as under:

2015- 2016 2016-2017 2017-2018 2018-2019
Number of complaints 1051 2358 3653 2956





Complaints are dealt with in accordance with the law and after following due procedure.


(e): The Consumer Protection Bill 2018 which has been passed by the Lok Sabha on 20.12.2018, inter-alia, provides for establishment of Central Consumer Protection Authority (CCPA) to monitor misleading advertisements.

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