Legal environment _advertising_ethics__final


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Legal environment _advertising_ethics__final

  1. 1. Alan CollacoSecretary General ASCI
  2. 2.  Advertising standards council of India (ASCI) ◦ A voluntary self-regulatory council ◦ Formed in 1985 ASCI team comprises of Board of Governors and Consumer Complaints Council (CCC) Overarching Goal of ASCI ◦ To maintain and enhance the publics confidence in advertising.
  3. 3.  All 4 sections connected with advertising viz.: ◦ Advertisers ◦ Advertising Agencies ◦ Media (owners of press, television, Radio etc.) ◦ Related sectors (outdoor agencies, PR, market researchers, ad producers, business schools etc.) come together & agree to voluntarily comply with a set of guidelines or rules ie the code to protect: ◦ Consumer interest ◦ Ensure fair play amongst competitors
  4. 4.  To ensure the truthfulness and honesty of representations and claims made by advertisements and to safeguard against misleading advertisement. To ensure that advertisements are not offensive to generally accepted standards of public decency.
  5. 5.  To safeguard against the indiscriminate use of advertising for the promotion of products which are regarded as hazardous to society or to individuals to a degree or of a type which is unacceptable to society at large. To ensure that advertisements observe fairness in competition so that the consumer’s need to be informed on choices in the market-place and the canons of generally accepted competitive behaviour in business are both served.
  6. 6. Laws that affect Advertising in India Cable Television Network Act Drugs and Cosmetics Act Drugs Price Control Act, Drugs and Magic Remedies (Objectionable Advertisements) Act, Emblems and Names (Prevention of Improper Use) Act Copyright Act Trademarks Act Patents Act – Introduction to Intellectual Property Right Indecent Representation of Women (Prohibition) Act
  7. 7.  No Advertisement Which Violates The Code For Self- Regulation In Advertising As Adopted By The Code By The Advertising Standards Council Of India (ASCI), Mumbai Of Public Exhibition In India, From Time To Time, Shall Be Carried In The Cable Service
  8. 8. No Advertisement Shall Be Permitted Which:- Derides any race, caste, color, creed and nationality; Is against any provision of the constitution of India; Tends to incite people to crime, cause disorder or violence, or breach of law or glorifies violence or obscenity in any way; Presents criminality as desirable; Exploits the national emblem, or any part of the constitution or the person or personality of the national leader or a state dignitary;
  9. 9. No advertisement shall be permitted•Which projects a derogatory image of women.•Women must not be portrayed in a manner thatemphasizes passive, submissive qualities and encouragesthem to play a subordinate, secondary role in the family andsociety.•Portrayal of the female form, should be tasteful andaesthetic, and within the well established norms of goodtaste and decency;•Exploits social evils like dowry, child marriage;
  10. 10. No advertisement shall be permitted Promotes directly or indirectly production , sale or consumption of : 1. 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 the following conditions that:- The story board or visual of the advertisement must depict only the product being advertised and not the prohibited products in any form or manner;
  11. 11. Drug and Cosmetics Act 1940 (Amended 1995)
  12. 12. The Act regulates the import into, manufacturedistribution and sale of drugs and cosmetic inthe countryThe Act was amended to impose more strictpenalties for manufacture and sale ofadulterated or spurious drugs or drugs not ofstandard quality which are likely to causeddeath or grievances hurt to the user
  13. 13.  Cosmetics included toilet soap as it may contain harmful ingredients The competent gelatin was induced in the drug Patent and proprietary medicines included Ayurveda, Siddha or Unani systems of medicines The Central Government is empowered to prohibit import of manufacture of drugs and cosmetics if it is harmful to humans as well as animals
  14. 14.  Any person with license has to maintain records and other documents and to produce them when required Inspectors are empowered to stop and search any vehicias carrying drugs & cosmetics if an offence under the Act is being committed enhancement of the quantum of punishment for offences under the Act The Technical Advisory Board will have representatives or experts in Ayurvedic, Siddha and Unani systems of medicine
  15. 15. The Drug & Magic Remedies(Objectionable Advertisement) Act 1954
  16. 16. This is an act to control the advertisement of drugs incertain cases, to prohibit the advertisement for certainpurposes of remedies alleged to possess magic qualitiesand to provide for matters connected herewithAccording to the Act “Magic Remedy” includes a talismanmantra, kavacha and any other charm of any kind whichis alleged to possess miraculous powers for or in thediagnosis, cure mitigation, treatment or prevention of anydisease in human beings or animals
  17. 17. The legislation enacted by the center, wasunder the entry “Drugs and Poisons” and“Legal, Medical and other Professions” in theconcurrent list
  18. 18. 1) Subject to the provisions of this Act, no person shall take part in the publication of any advertisement relating to a drug if the advertisement contains any matter which: Directly or indirectly gives a false impression regarding the true character of the drug Makes a false claim for the drug Is otherwise false or misleading in any particulars
  19. 19. 2) No person shall import into and export from India certain ads referred to section 3,4 and 5 which has been prohibited3) No person shall take any part in the publication of any advertisement referring to any drugs in terms which suggest or are calculated to lead to the use of that drug for: The miscarriage in women or prevention of conception in women
  20. 20.  The maintenance or improvement of the capacity of human being for sexual pleasures The correction of menstrual disorder in women The diagnosis, cure mitigation, treatment or prevention of any disease, disorder or condition specified in the schedule or which is specified in the rules
  21. 21. Drugs (Price Control) Order 1995
  22. 22. The order was passed so that the governmentmay regulate the equitable distribution andincreasing supplies of a bulk drug specified inthe first schedule and make it available at a fairprice and specify a maximum sale price atwhich such bulk shall be sold
  23. 23.  If the manufacturer desires a revision of the maximum sale price and application may be made to the government The manufacturer has o give details of all scheduled drugs along with the cost of such bulk drugs The government can by this order, direct manufacturers to sell to other manufacturer of formulations of it deems necessary The government had the power to fix the retail price of a scheduled formulation. This fixed price cannot be increased by any manufacturer
  24. 24. The Emblems and Names(Prevention of Improper Use) Act 1950
  25. 25. This is an act to prevent the improper use ofcertain emblems and names for commercialand professional purposes. It extends to thewhole of India and also applies to citizens ofIndian living outside India. The name, emblemor official seal of the following organizationscannot be used:
  26. 26.  United Nations, World Health Organization, The Indian Flag, The Government of India or any of its departments, The State Government, The President, Governor, UNESCO, The International Civil Aviation Organization, World Metrological Organization, International Atomic Energy Agency. The name of pictorial representation of Rashtrapati Bhava, Raj Bhavan, Chhatrapati Shivaji Maharaj or Mahatma Gandhi, Jawaharlal Nehru, Srimati Indira Gandhi or the Prime Minister of India.
  27. 27.  The name of Ashoka Chakra and Dharma Chara or the pictorial representation of Ashoka Chakra as used in the Indian Nat5ional Flag, the name of parliamenet or legislature of any state, the supreme court, High Court, The Central Secretariat
  28. 28.  The name and emblem of The Rama Krishna Math and Mission, Sri Sarada Math and The Rama Krishna Sarda Mission, The Bharat Scouts and Guides with its emblem, the name and emblem of the International Olympic Committee, The National Youth Emblem, The emblem of St. John Ambulance Association (India) and St. John Ambulance Brigade (India)
  29. 29. The Copyright Act, 1957
  30. 30. It introduced several new features which arebriefly indicated below: A Copyright Officer is sought to be established under the immediate control of a Registrar of Copyrights who shall act under the superintendence and direction of the Central Government. The principal function of the Copyright Office will be to maintain Register of Copyrights in which may be entered, at the option of being and other relevant particulars. Such a Register will easily make available useful information to interested members of public in regard to copyrighted works
  31. 31.  An author assigning copyright in his work is allowed the option to re-acquire the copyright after seven years but before ten years of the assignment on the condition that he returns the amount received by him at the time of the assignment with interest thereon. The normal of the copyright is fixed to be the life of the author and a period of 25 years after his death as against the existing term of the life of the author, and a period of 50 years after his death. Shorter terms are fixed for anonymous or pseudonymous works, cinematograph films, mechanical contrivances, photographs, etc
  32. 32. The Trademarks Act 1999
  33. 33. The Trade and Merchandise Marks Act, 1958It had served its purpose and review of theexisting law was necessary because ofdevelopments in trading and commercialpractices, increasing globalization of trade andindustry, etc a need for simplification andharmonization of trademark and to give effectto important judicial decision.
  34. 34. Hence the Trademark Act, 1999 Incorporatedthe following The registration of trademarks for services in addition to goods Registration of trademarks which are limitation of well known trademarks not to be permitted. Simplified procedure for registration with equal rights
  35. 35.  Enhancing punishment for the offences relating to trade marks Appointing and Appellate Board for speedy disposal of appeals. The final authority for registration of certification trademarks to the Registrar instead of the Central Government
  36. 36. The Patents Act 1970
  37. 37. It extends to the whole of India. Person whocan apply for patents; Is the first inventor of the invention Is any person being an assignee of the person who claims to be the first invention Is any representative of any deceased person who immediately, before his death was entitled to make such an application
  38. 38. Application has to be for one invention only and hasto be made in the prescribed form and filed in thepatent officeWhen a provisional application is made, a completespecification has to be filed within 12 monthsotherwise the application is deemed to be abandonedEvery International application under the Patent Co-operation Treaty for a patent may be fileddesignating India only if a corresponding applicationhas also to be filed before the Controller in India. Thedate of filling in both the places has to be same.
  39. 39. The IndecentRepresentation of Women (Prohibition) Act 1986
  40. 40. It extends to the whole of India, except theState of Jammu and Kashmir No person shall publish or cause to be published, or arrange to take part in the publication or exhibition of any ad which contains indecent representation of women in any form Prohibition of publication or sending by post of books, pamphlets, slide, films, drawing; photographs, etc containing indecent representation of women
  41. 41.  Under the Indecent Representation of Women (prohibition) Act, “Indecent representation of women by the way of depiction of the figure of a woman, her form of body, or any part thereof to have the effect of being indecent, or derogatory to, or denigrating women, or is likely to deprave, corrupt or injure the public morality or morals.”
  42. 42. The act will not apply of the prohibition isproved to be justified on the grounds that suchbook, pamphlet, etc is in the interest of science,literature, art or learning.Any representation sculptured, painted orotherwise represented on or in: Ancient monument Any temple of any car used in the conveyance of idols or kept or used for religious purpose
  43. 43. Prasar Bharati Bill
  44. 44.  Prasar Bharati was established in 1997 following a demand that the Government owned broadcasters in India should be given autonomy, Parliament passed the Act in 1990 but it was enacted in 1997 The Bill introduces Prasar Bharati as a Public Service Broadcaster whose primary broadcast to the public is socially and culturally relevant and in public interest and welfare
  45. 45.  Cigarettes, tobacco, alcohol and other intoxicants as well as infant milk substitutes, feedings bottles and infant foods are prohibited Doordarshan has made a significant contribution to accelerate and stimulate scientific tempo
  46. 46. The main features of the code are: Ads should be as per the laws enacted to protect the rights of the consumers Ads should not project a derogatory image of women and endanger the safety of children The programmes should not criticize friendly countries
  47. 47.  Ads should not attack religions or communities Ads should not be obscene or defamatory Ads should not incite violence