Ministry of Information and Broadcasting has issued an advisory to all TV channels on 21 August, warning them not to carry any advertisement that is found to violate the advertising code of Advertising Standards Council of India (ASCI). Non-compliance of ASCI’s code of self regulation in Advertising is a violation under Rule 7(9) of Advertising code under Cable Television Networks (Regulation) Act, 1995 and Rules 1994.
ASCI has recently found many channels flouting the rules of advertising and reported to the Ministry giving a list of such advertisements which the Council does not approve. The list includes advertisements of fairness creams, magic charms and, religious yantras, black magic, magical curing ailments etc.
While deliberating on the complaints received in ASCI, Consumer Complaint Council (CCC) observed that the advertisements made unsubstantiated claims and violated the provisions of code for self regulation as well as provisions of Drugs a Magic Remedies (objectionable Advertisements) Act, 1954. Therefore, the complaints were upheld by CCC.
Ministry has been requested by ASCI to take action on TV channels who continue to broadcast advertisements that are found to violate the self regulation code. Since non-compliance of ASCl,s decision was reported by ASCI itself, the matter was placed before IMC (Inter Ministerial Committee) for its consideration.
The IMC observed that the complaints upheld by ASCI and not complied by the Advertiser/ Advertising Agency on TV channels- would result in violation of Rule 7 (9) of the Advertising code as contained in the Cable Television Network Rules 1994 which states that-
"No advertisement which violates the code of self-regulation in advertising, as adopted by Advertising Standards Council of India (ASCI), Mumbai for public exhibition in India, from time to time, shall be carried in the cable service".
Therefore, any violation of ASCI code also violates the Advertising code enshrined in Cable Television Networks (Regulation) Act, 1995 and Rules 1994. Hence, ASCI's decisions are bound for compliance by the advertisers and such advertisements as found violative by ASCI cannot be carried on TV channels. IMC also observed that ASCI has pointed to possible violation or the provisions of the Drugs & Magic Remedies (objectionable Advertisements) Act, 1954 and rules 1955. Hence IMC recommended to advise ail channels not to telecast the said advertisements as found violative by ASCI.
List of advertisements found violating the code has also been attached with the advisory and it includes-
Skin Fairness Cream ads on various TV shopping programmes; Yantra/Black Magic ads including Rashi Ratan Topaz Ring, Chole wale Hanuman Ji, Maha Dhan Lakshmi Yantram, ShubhDhan Varsha , Saral Vaastu, Sampoorana Vastu Shanti Sangreh and Bhairavi Sadhana.
Magical curing of ailments ads including Amritras , Shaktivardhan Vaccume Threapy and oil, SandhiSudha Oil, Madhu Sanjivani, Madhur Milap, Musli Power X-Tra, Sanyasi Ayurveda, Deemark Mass Gainer and Muscle Builder, Madhunashni, Diet & Fit, Via Gold Energy Powder, Power Magnetic Bracelet etc.
Mileage Plus ads S.S.Teleshopping
Hair Growth ads HGP (Telemart Shopping Network Pvt. Ltd.), Pro Hair (B. Lab)
Slimming/Weight loss ads Easy Slim Tea, Slim24pro (Telemart Shopping Network Pvt, Ltd.), SP Treatment Centre, Meta Slim (Telemetry Shopping Network Pvt. Ltd)
Anti –Addiction ads No Addition (AAA Teleshopping P. Ltd., Zero Addition (Telemart Teleshopping), Go Addiction Plus, Addiction Free Powder (Telecolour Shopping Networks)
Miscellaneous ads (LalKitabAmrit) (C.5780/357 CCC)