An Analysis of the Country’s Labyrinthine Advertising Laws vis a vis the Need for a Uniform Legislation and Regulatory Authority
Symbiosis Law School, Noida, India
Volume III, Issue IV, 2020
Advertisement in a broad term is an act done for the promotion of goods and services. It helps the manufacturers and service-providers to encourage the buyers to purchase their products and services. As things stand today in this digital age, advertisements have become an integral part for the consumers as well as the manufacturers. With this growth in the industry, a lot of responsibility is levied on the advertisers to be socially, morally and culturally ethical.
Advertisement is often described as a facet commercial speech in India. Advertisers are free to promote and publicize their products as it is their fundamental right. To ensure that this right is not be misused by them certain laws and regulations limit this right of the advertisers There is an increase in the competition and markets because of which manufacturers and service providers often resort to releasing false and misleading advertisements. To regulate them, the government has formed various laws to keep public interest in check. Advertising in India is a mix of self-regulation, legislations and the codes of industry practice. There is no such central statutory regulatory body that deals with the regulations of advertisements in India.
This paper mainly seeks to understand and analyse what are the major statutory provisions and regulatory councils that protect the consumer interests and regulate advertisements in India. It also proposes the idea of a uniform legislation.