Question : Telecasting of Disguised Advertisements

(a) whether several television channels telecast disguised advertisements;

(b) if so, the details thereof and the reaction of the Government thereto;

(c) the rules formulated by the Government in this regard and the action taken to implement the rules so far; and

(d) the names of the television channels against which the Government has taken action under the said rules during the last three years along with the details of the rules for the violation of which the said action has been taken, channel-wise?

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


(a) to (d): In so far as private satellite TV channels are concerned, all advertisements telecast on such channels are regulated in accordance with the Advertising Code prescribed in Rule 7 of the Cable Television Network Rules, 1994 enshrined in the Cable Television Network (Regulation) Act, 1995. Section 6 of the said Act stipulates that no person shall transmit or re-transmit through a cable service any advertisement unless such advertisement is in conformity with the prescribed advertisement code. Rule 7(10) of the Advertising Code under the Cable Television Networks Rules, 1994 provides that all advertisements should be clearly distinguishable from the programme and should not in any manner interfere with the programme viz. use of lower part of screen to carry captions, static or moving alongside the programme. Further, Rule 7(2)(viii)(A) of the Advertising Code provides that no advertisement shall be permitted which promotes directly or indirectly production, sale or consumption of cigarettes, tobacco products, wine, alcohol, liquor or other intoxicants: provided that a product that uses a brand name or logo, which is also used for cigarettes, tobacco products, wine, alcohol, liquor or other intoxicants, may be advertised on cable service subject to certain conditions prescribed thereunder. Appropriate action is taken as per Cable Television Networks (Regulation) Act, 1995, if any violation of the said code is established. Details of action taken against TV channels for telecasting advertisements in violation of Rule 7(2)(viii)(A) is at Annexure.
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