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Supreme Court’s directions on advertisers UPSC NOTE

 

  • The Supreme Court directed that advertisers should submit self-declarations that they are not misrepresenting or making false claims about products before promoting them in the media.

  • The Bench of Justices Hima Kohli and Ahsanuddin Amanullah passed the order to protect consumers from being trapped by misleading advertisements

  • The directions came in a case stemming from the misleading advertisements run by Patanjali Ayurved, co-founded by yoga guru Baba Ramdev, for years.

  • As a “tide-over” measure, the court ordered that advertisers should submit their self-declarations in line with the Cable TV Network Regulations Rules of 1994.

  • Advertisers intending to run advertisements in TV channels should upload their self-declarations on the Information and Broadcasting Ministry’s ‘Broadcast Seva’ portal.

  •  A copy should be given to the broadcaster also.

  • The court directed the Ministry to open a similar portal for print advertisers in four weeks.

  • Immediately after the portal is activated, all ads in the Press/Print Media, the advertisers shall file their self-declarations before issuing advertisements, SC said

  • The Bench made it clear that social media influencers, celebrities and public figures promoting products should act with a sense of responsibility and must take care to not be a part of “deceptive advertising”.

  • A person who endorses a product should have adequate experience and information about the product,” the court observed in the order

  • The court further directed the Centre to set a proper and specific procedure by which an aggrieved consumer could file his complaint against misleading advertisements and misbranding

  • The Centre should ensure that the consumer is made fully aware and apprised of the action taken on the complaint and its logical conclusion.

  • The consumer should not be left oblivious of the outcome of the complaint,” the court noted.

  • In a further development, the Union government withdrew with immediate effect an AYUSH Ministry letter of August 29, 2023 “omitting” Rule 170 of the Drugs and Cosmetics Rules, 1945.

  • This provision dealt with action to be taken against objectionable advertisements

  • “The letter, which is nothing more than an administrative instruction, cannot put on hold Rule 170, which remains a part of the Drugs and Cosmetics Rules, 1945,” the court clarified

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Learnerz IAS | Concept oriented UPSC Classes in Malayalam: Supreme Court’s directions on advertisers UPSC NOTE
Supreme Court’s directions on advertisers UPSC NOTE
Learnerz IAS | Concept oriented UPSC Classes in Malayalam
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