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Manik karad
 The essence of free speech is the ability to think and
speak freely and to obtain information from others
through public...
The principles, as stated in the case of Reckitt &
Coleman of India Ltd v Kiwi TTKLtd (63 (1996)
DLT 29), are as follows:
...
 d) An advertisement cannot, while stating that the
advertised goods are better than those of a competitor,
state that th...
 In many countries, the government controls media so
that nobody can publish or broadcast anything that the
government co...
 Advertising which is no more than a commercial
transaction, is nonetheless dissemination of
information regarding the pr...
 An advertisement is no doubt a form of speech but its
true character is reflected by the object for the promotion
of whi...
 It allows us to freely express our ideas and thoughts through
any medium such as print, visual, and voice. One can use a...
 It is necessary to maintain and preserve freedom of
speech and expression in a democracy, so also it is
necessary to pla...
 a) Security of State
b) Friendly relations with foreign states
c) Public Order
d) Decency or morality
e) Contempt of Cou...
 1. Consumer Protection Act- This statute provides for the
establishment of a Central Consumer Protection Council
with th...
 2. The Monopolies and Restrictive Trade Practice act,
1969: It had been the most effective Act in the eighties
and ninet...
3. Information Technology Act, 2000 (IT Act)
4.Indian Penal Code, 1860 (IPC)
5. The Drugs and Magic Remedies (Objectionabl...
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Article on advertisement & freedom

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restriction on media i.e freedom of speech and expression

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Article on advertisement & freedom

  1. 1. Manik karad
  2. 2.  The essence of free speech is the ability to think and speak freely and to obtain information from others through publications and public discourse without fear of retribution, restriction, or repression by the government. Advertising is a form of communication for marketing and used to encourage orpersuade an audience (viewers, readers or listeners; sometimes a specific group) to continue or take some new action. Most commonly, the desired result is to drive consumer behaviour with respect to a commercial offering, although political and ideological advertising is also common.
  3. 3. The principles, as stated in the case of Reckitt & Coleman of India Ltd v Kiwi TTKLtd (63 (1996) DLT 29), are as follows: a) An advertisement can declare that the advertised goods are the best in the world, even though this declaration is untrue; b) An advertisement can state that the advertised goods are better than those of competitors, even if this statement is untrue; c) An advertisement can compare the advertised goods with those of competitors; .
  4. 4.  d) An advertisement cannot, while stating that the advertised goods are better than those of a competitor, state that the competitor’s products are bad, as this would be defamation; e) In a case of defamation, damages can be claimed. The court can also grant aninjunction against repetition of the defamatory action
  5. 5.  In many countries, the government controls media so that nobody can publish or broadcast anything that the government considers harmful, immoral or threatening for the stability of the country. Censorship is regulated by a particular body or the government that retains the power base, on the media content.
  6. 6.  Advertising which is no more than a commercial transaction, is nonetheless dissemination of information regarding the product advertised. Public at large is benefitted by the information made available through the advertisement. In a democratic economy free flow of commercial information is indispensable. There cannot be honest and economical marketing by the public at large without being educated by the information disseminated through advertisements.
  7. 7.  An advertisement is no doubt a form of speech but its true character is reflected by the object for the promotion of which it is employed. It assumes the attributes and elements of the activity under Article 19(1) which it seeks to aid by bringing it to the notice of the public.
  8. 8.  It allows us to freely express our ideas and thoughts through any medium such as print, visual, and voice. One can use any communication medium of visual representation such as signs, pictures, or movies. Freedom of speech would amount to nothing if it were not possible to propagate the ideas. Thus, the freedom of publication is also covered under freedom of speech. Freedom of speech serves 4 purposes: a) Allows an individual to attain self fulfillment. b) Assists in the discovery of truth. c) It strengthens the capacity of a person to make decisions. d) It facilitates a balance between stability and social change.
  9. 9.  It is necessary to maintain and preserve freedom of speech and expression in a democracy, so also it is necessary to place some restrictions on this freedom for the maintenance of social order, because no freedom can be absolute or completely unrestricted. Accordingly, under Article 19(2) of the Constitution of India, the State may make a law imposing “reasonable restrictions” on the exercise of the right to freedom of speech and expression “in the interest of” the public on the following grounds:
  10. 10.  a) Security of State b) Friendly relations with foreign states c) Public Order d) Decency or morality e) Contempt of Court f) Defamation g) Incitement to an offence Sovereignty and integrity of India.
  11. 11.  1. Consumer Protection Act- This statute provides for the establishment of a Central Consumer Protection Council with the object of promotion and protection of the rights of the consumer, including protection against unfair trade practices. The Act also empowers the District Forum to take measures to discontinue the unfair trade practices.
  12. 12.  2. The Monopolies and Restrictive Trade Practice act, 1969: It had been the most effective Act in the eighties and nineties to regulate undesirable advertising. In the year 1984, the government brought, through an amendment, "unfair trade practices" under the purview of the MRTP Commission and the Office of the Director General (Investigation and Registration).
  13. 13. 3. Information Technology Act, 2000 (IT Act) 4.Indian Penal Code, 1860 (IPC) 5. The Drugs and Magic Remedies (Objectionable Advertisements) Act 6. The Emblems and Names (Prevention of Improper Use) Act, 1950 7. SEBI (Mutual Funds Regulation), 1996

restriction on media i.e freedom of speech and expression

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