Petition to ban advertisement

In News: The Bombay high court recently turned down a petition seeking a ban on advertising of non-vegetarian food products saying it was an infringement of fundamental rights and a matter of policy that fell within the purview of the legislature.

Petitioner’s claims:

• The petitioners claimed that non vegetarian food leads to environmental damage.
• These kind of advertisements “intimidated” children to consume non-vegetarian food and infringed on a vegetarian’s fundamental right to live peacefully.
• These advertisements promoted cruelty meted out to other living beings and it is out Fundamental duty to be compassionate towards living creatures.

The judgement:

• Article 19 of the Constitution guarantees freedom of speech and expression to every person of India.
• The petition did not hold any merit on legal grounds.
• The petitioners then withdrew the petition.

Advertising regulations in India:

• Press Council of India Act, 1978
• Cable television regulation act, 1955 and Cable television amendment act, 2006
• Establishment of the ASCI (Advertisement standard council of India), 1985
• The consumer protection Act, 1986
• Restrictions on advertising under the Cigarettes and other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply, and Distribution) Act, 2003
• Advertising regulations under Drug and Magic Remedies Act, 1954 & Drugs and Cosmetics Act, 1940
• The Indian Penal Code

Press Council of India:

• History: It was first set up in 1966 on the recommendations of the first Press Commission. The Council was abolished during emergency. Thereafter, a new Act was enacted.
• The Press Council of India is a statutory quasi-judicial autonomous authority re-established in the year 1979 under an Act of Parliament, Press Council Act, 1978.
• Objectives: Preserving the freedom of the press by maintaining and improving the standards of newspapers and the news agencies in India. The Act also confers an advisory role on the Council in that it can, either Suo-motu or on a reference made to it by the Government, undertake studies and express its opinion in regard to any bill, legislation, law or other matters concerning the Press and convey its opinion to the Government or the persons concerned.
• The council has a chairman – conventionally, a retired Supreme Court judge, and 28 additional members of which 20 are members of media, nominated by the newspapers, television channels and other media outlets operating in India

Advertisement Standards Council of India (ASCI):

• ASCI is a voluntary self-regulatory organisation comprising members from marketing, creative, media, and allied companies in India.
• It was established in 1985.
• It is committed to protecting Indian consumers’ interests through self-regulation in advertising.
• ASCI ensures that advertising follows the four basic codese.; Honesty, Decency, Non-Harm and Fairness in competition.
• Consumers or organisations that find any advertisements violating these four codes can reach out to ASCI to register their objections.
• ASCI’s role has been acclaimed by various Government bodies including the Department of Consumer Affairs (DoCA), Food Safety and Standards Authority of India (FSSAI), Ministry of AYUSH as well as the Ministry of Information and Broadcasting.

Source: Hindustan Times