Recent Updates
Spotting greenwashing con artists, BGT legal June 2023
ASCI Annual Complaints report 2022/23 May 2023
ASCI Wielding Influence, Nurturing Trust Feb 2023
ASCI Influencer Trust Report Feb 2023
Online Gaming bets on federal level rules
Cyril Amarchand Mangaldas/ Lex. May 23, 2023
SEBI advertisement code April 2023
Dark Patterns Guidelines ASCI June 2023
The ASCI Academy August 28, 2023
Decoding India's Data Protection Law (EN)
Trilegal October 25, 2023. Act here
ASCI environmental claims guidelines
Consultation/ feedback until Dec 31, 2023
Final guidelines here January 18, 2024
Summary charts Environment GALA Dec 7, 2023
DI landscape Indian advertising. Kantar Dec 2023
Future of targeted and behavioral advertising in India
Lakshmikumaran & Sridharan January 15, 2024
Deyga Organics sustainability case Jan 20, 2024
Consumer Protection & Advertising Legal Milestones
Trilegal February 12, 2024 Issues Dark patterns, brand extensions
Drawing A Line Between Green Marketing or Green Misrepresentations
Cyril Amarchand Mangaldas October 3, 2024
ASCI joins ICAS in global push for responsible advertising
Campaign India September 20, 2024
Govt to announce stricter regulation on alcohol ads
Republic World August 4, 2024
Pre-clearance for food and health products
Arogya Legal July 7, 2024
CCPA guidelines for prevention and regulation of greenwashing
Response by March 21. Commentary from Arogya Legal here
ASCI environmental claims guidelines. Final Jan 18, 2024
Commentary on above Anand & Anand Jan 22, 2024
https://www.g-regs.com/downloads/INGenoverviewregulation.png
The above overview is from the lawyers identified in the chart. Statutory developments in the form of the Consumer Protection Act 2019 and the 2022 advertising guidelines from the CCPA are relatively recent and there appears to be some 'regulatory settling down' in the jurisdiction. The situation depicted visually above is anyway not unusual (though its application may be) and might be familiar in a number of countries in Europe. What is unusual is that advertising complaints can be made direct to government via this portal, though 'authorities' nominated to deal with the complaint include self-regulatory bodies. ASCI is a well regarded and resourced self-regulatory organisation and its code is well established, but it's important to be aware of the new statutory influences in advertising regulation and especially the associated guidelines, which are unusual in being advertising related; most statutory authorities internationally are less advertising-specific and more commercial practices related. We will see how aggressively the statutory authority CCPA pursues its agenda and how they and ASCI work together. (See above under news/ issues from March 2024)
India enjoys a robust self-regulatory system, administered by ASCI, the Advertising Standards Council of India. From their website: 'ASCI was established in 1985. ASCI is a voluntary self-regulatory organisation comprising members from marketing, creative, media, and allied companies in India. Since its inception, ASCI has been committed to protecting Indian consumers’ interests through self-regulation in advertising. ASCI was formed with the support of all four sectors connected with advertising, viz. advertisers, advertising agencies, media (including broadcasters and the press) and others such as PR agencies, market research companies etc.' Membership is here.
The code for self-regulation of advertising content in India (EN)
The code includes 'general' rules, i.e. those on misleadingness, decency, offense, fair competition etc. as well as sections on Automotive vehicles (April 2008), Brand extensions (July 2021), Foods & Beverages (F&B; February 2013), Educational institutions and programs (April 2022), Disclaimers (October 2016) New/ improved (June 2014), Skin lightening (August 2014), Celebrities (April 2022), Awards/ rankings (April 2022), Online gambling (April 2022), Influencer advertising in digital media (April 2022), Online gambling (April 2022), Virtual digital assets (February 2022), Gender stereotypes guidelines (June 2022). The key rules are set out in our following Content Section B and there are some 'highlights' below, or click on the linked code. The ASCI code is based on/ updated to the ICC Code.
From the self-regulatory organisation ASCI: Guidelines for Influencer advertising in digital media (the link will take you to a downloadable pdf) published June 2021 and therefore relatively recent and a significant part of ASCI's role, as the influencer industry has grown substantially worldwide and India, where it is 'rapidly burgeoning', is no exception. From the ASCI complaints half-yearly report April-September 2022: 'Non-disclosure by Influencers Advertising in Digital Media continue to contribute heavily to ads processed. 28% of ads were in violation of the Influencer Guidelines.' ASCI has put in place 'a partnership with French technology provider, Reech, to help identify lack of influencer transparency on social media. In addition to complaints received by public and other agencies, ASCI’s suo moto on its own motion surveillance has also started to flag potential violations of the guidelines.' Additionally, from the CCPA's Guidelines for Prevention of Misleading Advertisements and Endorsements 2022 (CCPA guidelines): 14. Disclosure of material connection (incidentally, the same term used by ASCI). 'Where there exists a connection between the endorser and the trader, manufacturer or advertiser of the endorsed product that might materially affect the value or credibility of the endorsement and the connection is not reasonably expected by the audience, such connection shall be fully disclosed in making the endorsement.' In January 2023 the Department of Consumer Affairs, who administer the Consumer Protection Act, issued 'Endorsement know-hows' on when and how to disclose a 'material relationship.' Commentary from SS Rana/ Lex here. Additional Influencer Guidelines for Health and Wellness Celebrities, Influencers and Virtual Influencers published August 10, 2023 by the Consumer Protection Authority (CCPA) is found here and Sebi Tightens Grip On Finfluencers With New Regulations from BW Marketing June 28, 2024 reports on another key sector. A useful summary of Influencer rules from Kan & Krishme/ GALA December 7, 2023 is here.
NCPCR Notice to Cadbury Bournvita S S Rana and Co./ Lex May 9, 2023
Both the ASCI code, which defines children as 'persons who are below the age of 12 years,' and the CCPA guidelines contain provisions for children's advertising, the former under Chapter III Harmful products/ situations and the latter under article 8, extracted here. Key clauses are shown in our following content section B and they are also assembled here in a table that shows the two sets of provisions alongside each other. The CCPA guidelines definition is per clause (12) of section 2 of the Juvenile Justice Act, 2015 - a person 'who has not completed 18 years of age.' A useful summary of children's rules from Kan & Krishme/ GALA December 7, 2023 is here.
Recent Guidelines to Regulate Online Real Money Games in India. GALA June 2, 2023
A general introduction to gambling law in India. Shardul Amarchand Mangaldas & Co./ Lex. May 30, 2023
India’s Government Asks Google to Remove Ads for International Betting Companies. Gambling Industry News December 7, 2022
Gambling regulation in India is largely state-driven and betting and gambling is illegal in most parts of the country. Advisory note of June 2022 from Ministry of Information & Broadcasting (MIB) here. The ASCI self-regulatory code carries a section on online gambling, or to give it its full title: 'Online gaming for real money winnings.' This includes rules on warning messages and their formatting. The full gambling section has been extracted from the code and is linked here. Note that gambling advertising, as with all advertising, is subject to the full ASCI code; adjudications will often be made under rules related to misleadingness, decency etc. from the 'general' section of the code, so this context should also be understood. The file linked above from Anand and Anand under recent issues/ news also addresses gambling advertising rules.
14 ads found to be in potential violation of the ASCI code in first week of cricket extravaganza
ASCI press release April 2022
Strong-Worded Advisory by the MIB on Advertisements of Online Betting Platforms (EN)
GALA November 1, 2022
Govt to announce stricter regulation on alcohol ads
Republic World August 4, 2024
According to the Anand and Anand file linked above, advertising alcoholic beverages is banned in India as per the Cable Television Network (Regulation) Amendment Bill, which came into effect on 8 September 2000. Private channels often permit alcohol companies to advertise using surrogate means, such as selling the brand name for soda or water or music. See above
Diversity and inclusion in Indian Advertising
Kantar/ ASCI report April 2024
ASCI’s guidelines on harmful gender stereotypes
~ Guidelines lay down boundaries for unacceptable portrayals and
encourage advertisers to create more progressive gender depictions ~
ASCI bats for greater inclusion in advertising May 25, 2022
'ASCI's independent jury (The Consumer Complaints Council or CCC) comprises 40 eminent professionals, both from the industry as well as from civil society, who review complaints on a weekly basis and provide their recommendations.' Link to the recommendations database is here and the Half Yearly Complaints Report - April to September 2022 is also linked. Extracted from the latter: 'Education overall continues to be the most violative sector covering 27% of all the ads processed. 22% ads belonged to classical education and the 5% to the Ed Tech sector. Personal Care and F&B follow are the other two sectors to make it to the top 3 owing to high volume of advertising by influencers.'
Consumer Protection Act, 2019 (EN)
This act, applicable to 'all goods and services', is very signifcant legislation in the context of the advertising regulatory system in India, playing a similar role to that of the UCPD in the EU. The act established the Central Consumer Protection Authority and includes in the CCPA 'powers and functions' that they '(c) ensure that no false or misleading advertisement is made of any goods or services which contravenes the provisions of this Act or the rules or regulations made thereunder and (d) ensure that no person takes part in the publication of any advertisement which is false or misleading.' The act defines advertising in broad terms: 'an advertisement means any audio or visual publicity, representation, endorsement or pronouncement made by means of light, sound, smoke, gas, print, electronic media, internet or website and includes any notice, circular, label, wrapper, invoice or such other documents.'
Central Consumer Protection Authority (CCPA) established by the act above to 'promote, protect and enforce the rights of consumers.' Government press release here (EN)
Guidelines to provide for the prevention of false or misleading advertisements from the CCPA (EN). This is a recent (2022) and highly significant addition to the advertising regulatory framework, covering issues such as Conditions for non-misleading and valid advertisements, Conditions for bait advertisements, Prohibition of surrogate advertising, Free claims, Children targeted ads, Disclaimers, Disclosure of material connection (also see above under Influencer marketing). Extracts are in our following content section B. The guidelines are applicable to 'all advertisements regardless of form, format or medium.'
Consumer Protection (e-Commerce) Rules 2020
The above rules are among a number of pieces of secondary legislation that derive from the Consumer Protection Act 2019. Most don't address commercial communications, which are covered by the CCPA advertising guidelines linked earlier in this section, but these e-commerce rules are obviously significant in of themselves and as some content on e-commerce platforms may be deemed to be advertising and therefore in remit; additionally, the rules linked above carry provisions for sellers on e-commerce platforms under article 6 (4c).
The Cable Television Networks (Regulation) Act, 1995, known as the CTN act. From the Ministry of Information and Broadcasting (MiB). The act includes reference under article 6 to an associated advertising code, set out in our Channel Section C under the TV and Radio header. The code requires inter alia that advertisements must also observe the ASCI code.
A contrastive analysis of comparative advertising in India & USA
Chadha & Chadha September 16, 2024
How global brands are testing India’s regulatory framework
Hindu Businessline September 15, 2024
Misleading Advertising Claims in India: A Legal Perspective
SS Rana & Co/ Lex April 15, 2024
Legal analysis of tobacco and alcohol advertising laws in India
TMT Law Practice. September 14, 2023
In brief: prohibited and controlled advertising in India. Anand and Anand/ Lex. March 28, 2023
Are you ready for India's new advertising laws? (EN)
Khaitan & co/ Mondaq. November 2022. ppt succinct overview of ad regulation
Guidelines for Online Deceptive Design Patterns in Advertising. ASCI; effective September 1, 2023
Dark Patterns issues GALA Dec 7 2023 here and Cyril Armachand here Jan 9, 2024
Privacy & Progress: Pillars of Digital Bharat
March 2024 report from ASCI
The Digital Personal Data Protection Act 2023
btg/advaya webinar Nov 29, 2023; content here; on demand here
btg:advaya privacy microsite here
The Information Technology Act, 2008
Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011 here
The above two entries are the rules that will most 'keenly impact' companies; source is the entry below
India - Data Protection Overview. One Trust data guidance November 2022. This is a clear and complete summary of the data protection framework in India
DLA Piper Data Protection Laws of the World - India. Copyrighted 2022
Draft Digital Personal Data Protection Bill open to consultation until 17th December, 2022 (the govt. withdrew a 2019 draft bill)
Commentary on the above from The International Association of Privacy Professionals (IAPP) November 22, 2022
1. THE CODE FOR SELF-REGULATION OF ADVERTISING CONTENT IN INDIA
1.1. Chapters I to IV; 'general' rules
1.2. Guidelines for various sectors (non exhaustive)
2. CONSUMER PROTECTION ACT 2019
2.1. Guidelines for Prevention of Misleading Advertisements and Endorsements for Misleading Advertisements 2022
3. THE ADVERTISEMENT CODE derived from the Cable Television Networks Act
To ensure truthfulness and honesty of representations and claims made by advertisements, and to safeguard against misleading advertisements
To ensure that advertisements are not offensive to generally accepted standards of public decency.
To safeguard against the indiscriminate use of advertising in situations or of the promotion of products which are regarded as hazardous or harmful to society or to individuals, particularly children, to a degree, or of a type which is unacceptable to society at large.
To ensure that advertisements observe fairness in competition such that the consumer’s need to be informed on choice in the marketplace and the canons of generally accepted competitive behavior in business are both served.
Preamble
Advertisements have a significant influence on people’s behaviour. As such, advertisers are encouraged to depict advertisements in a manner which promotes safe practices, e.g., wearing of helmets and fastening of seat belts, not using mobiles/ cell phones when driving, etc.
Guidelines
Specifically, advertisements should not:
Additionally, clause 3.1 provides: No advertisement shall be permitted which...(c) Presents criminality as desirable, or directly or indirectly encourages people - particularly children (italics ours) - to emulate it, or conveys the modus operandi of any crime.
The CCPA advertising guidelines also carry some significant provisions under article 8 on children’s targeted advertising. See below.
https://www.indiacode.nic.in/bitstream/123456789/15256/1/A2019-35.pdf
2. Definitions. In this Act, unless the context otherwise requires, (1) "advertisement" means any audio or visual publicity, representation, endorsement or pronouncement made by means of light, sound, smoke, gas, print, electronic media, internet or website and includes any notice, circular, label, wrapper, invoice or such other documents;
..........................................
Explanation. For the purposes of this sub-clause, a statement that is:
Explanation. For the purpose of this sub-clause, "bargain price" means:
Explanation. For the purpose of this sub-clause, the participants of a scheme shall be deemed to have been informed of the final results of the scheme where such results are within a reasonable time published, prominently in the same newspaper in which the scheme was originally advertised.
4. Conditions for non-misleading and valid advertisement:
7. Free claims advertisements. A free claims advertisement shall:
8. Children targeted advertisements.
In brief: media law and regulation in India from INDUSLAW/ Lex June 2022
Television in India from Wikipedia
Rule 7. Advertisement Code
Provided further that:
Q&A: Online advertising in India. AZB & Partners September 29, 2023
In brief: media law and regulation in India from INDUSLAW/ Lex June 2022
India - Data Protection Overview. One Trust data guidance November 2022
As digital media becomes increasingly pervasive and more consumers start to consume advertising on various digital platforms, it has become important to understand the peculiarities of these advertisements and the way consumers view them. With lines between content and advertisements becoming blurry, it is critical that consumers must be able to distinguish when something is being promoted with an intention to influence their opinion or behaviour for an immediate or eventual commercial gain. Consumers may view such messages without realising the commercial intent of these, and that becomes inherently misleading, and in violation of clause 1.4 (misleading by omission) and 1.5 (abuse trust of consumers or exploit their lack of experience or knowledge).
If an influencer/advertiser disputes that the piece of communication in question is not an advertisement as there is no material connection, the following evidence will be required to be submitted to ASCI:
2. Scope and applicability
Provided that these rules shall not apply to any activity of a natural person carried out in a personal capacity not being part of any professional or commercial activity undertaken on a regular or systematic basis.
.....................................................
Future of targeted and behavioral advertising in India - Analysing CJEU’s Judgment on Meta Platforms
Lakshmikumaran & Sridharan January 15, 2024
FOLLOWING USER FEEDBACK WE NO LONGER COVER TELEMARKETING
B1 PRINCIPLES GOVERNING SPONSORSHIP
B2 AUTONOMY AND SELF-DETERMINATION
B3 IMITATION AND CONFUSION
B4 'AMBUSHING' OF SPONSORED PROPERTIES
B5 RESPECT FOR THE SPONSORSHIP PROPERTY AND THE SPONSOR
B6 THE SPONSORSHIP AUDIENCE
B7 DATA CAPTURE/ DATA SHARING
B8 ARTISTIC AND HISTORICAL OBJECTS
B9 SOCIAL AND ENVIRONMENTAL SPONSORSHIP
B10 CHARITIES AND HUMANITARIAN SPONSORSHIP
B11 MULTIPLE SPONSORSHIP
B12 MEDIA SPONSORSHIP
B13 RESPONSIBILITY
We define sales promotion (SP) as the use of various marketing techniques for a pre-determined, limited time in order to increase consumer demand. As this website was created to provide international rules on marketing communications, we do not claim authority on specific national SP regulation, especially retail legislation. However, when we find relevant rules in the course of what is extensive research, we will include them in this section. We check, for example, the national self-regulatory codes and consumer protection legislation for anything that impacts SP.
Promotional schemes requiring a purchase to take part, and offering prizes only on the basis of random chance are considered a lottery and are generally illegal. Promotional activity can be fraught with regulatory issues; plans should be checked with specialist advisors.
From the Consumer Protection Act 2019 (EN)
The definition of an unfair trade practice under Chapter I, section 2, article 47 includes:
Explanation. For the purpose of this sub-clause, "bargain price" means:
Explanation. For the purpose of this sub-clause, the participants of a scheme shall be deemed to have been informed of the final results of the scheme where such results are within a reasonable time published, prominently in the same newspaper in which the scheme was originally advertised;
https://consumeraffairs.nic.in/sites/default/files/file-uploads/latestnews/CCPA%20Notification.pdf
a) such advertisement shall not seek to entice consumers to purchase goods, products or services without a reasonable prospect of selling such advertised goods, products or services at the price offered;
b) the advertiser shall ensure that there is adequate supply of goods, products or services to meet foreseeable demand generated by such advertisement;
c) such advertisement shall state the reasonable grounds which the advertiser has for believing that he might not be able to supply the advertised goods, products or services within a reasonable period and in reasonable quantities, and in particular:
i. if the estimated demand exceeds the supply, such advertisement shall make clear that the stock of the goods or services is limited;
ii. if the purpose of the advertisement is to assess potential demand, it shall be clearly stated such advertisement; and
iii. the advertisement shall not mislead consumers by omitting restrictions, including geographic restrictions and age-limit on the availability of the goods, products or services; (d) such advertisement does not mislead consumers about the market conditions with respect to the goods, products or services or the lack of their availability in order to induce consumers to purchase such goods, products or services at conditions less favourable than normal market conditions.
a) not describe any goods, product or service to be ‘free’, ‘without charge’ or use such other terms if the consumer has to pay anything other than the unavoidable cost of responding to such advertisement and collecting or paying for the delivery of such item;
b) make clear the extent of commitment that a consumer shall make to take advantage of a free offer;
c) not describe any goods, product or service to be free, if:
i. the consumer has to pay for packing, packaging, handling or administration of such free goods, product or service;
ii. the cost of response, including the price of goods, product or service which the consumer has to purchase to take advantage of such offer, has been increased, except where such increase results from factors unrelated to the cost of promotion; or
iii. the quality or quantity of the goods, product or service that a consumer shall purchase to take advantage of the offer has been reduced;
d) not describe an element of a package as free if such element is included in the package price;
e) not use the term ‘free trial’ to describe a ‘satisfaction or your money back’ offer or an offer for which a non-refundable purchase is required.
(f) include a direct exhortation to children to purchase any goods, product or service or to persuade their parents, guardians or other persons to purchase such goods, product or service for them;
(g) use qualifiers such as ‘just’ or ‘only’ to make the price of goods, product or service seem less expensive where such advertisement includes additional cost or charge;
(m) resort to promotions that require a purchase to participate and include a direct exhortation to make a purchase addressed to or targeted at children;
(4) Any advertisement which offers promotional gifts to persuade children to buy goods, product or service without necessity or promotes illogical consumerism shall be discouraged.
(e) advertisement is so framed as not to abuse the trust of consumers or exploit their lack of experience or knowledge and for this purpose:
(i) such advertisement may not make claims which use expressions such as "upto five years guarantee" or “Prices from as low as Rs.“Y", instead shall clearly indicate a fixed period of guarantee of the product or a fixed price at which the product is being offered; and in case, the product has different periods of guarantee for different parts or components, it shall clearly indicate the minimum and maximum of such periods of guarantee applicable to the relevant part or components;
(ii) if such advertisements invite the public to take part in lotteries or prize competitions permitted under any law for the time being in force or hold out the prospect of gifts, it shall clearly set out all pertinent material terms and conditions so as to enable consumers to obtain a true and fair view of their prospects in such activities;
From Chapter I of the ASCI code of self-regulation, Truthful and Honest Representation, article 1.5:
Consumer protection legislation
The Consumer Protection Act 2019 Act no. 35 of 2019 on 9th August, 2019 in force from 20th July, 2020. 'An Act to provide for protection of the interests of consumers and for the said purpose, to establish authorities for timely and effective administration and settlement of consumers' disputes and for matters connected therewith or incidental thereto.' The act is notable for our purposes for the establishment of the Central Consumer Protection Authority (see below) and its related advertising guidelines. Otherwise, the act deals with complaints, redressals, mediation, product liability etc. though in a relatively unusual structure it defines misleading advertising under article 28, Chapter I, section 2. Article 47 in the same definitions section covers unfair trade practices which also relates to advertising in the context of 'bargain price' communications. Under the Consumer Protection Act Chapter I Section 2, advertising is broadly defined: 'an advertisement means any audio or visual publicity, representation, endorsement or pronouncement made by means of light, sound, smoke, gas, print, electronic media, internet or website and includes any notice, circular, label, wrapper, invoice or such other documents.'
https://www.indiacode.nic.in/bitstream/123456789/15256/1/A2019-35.pdf
Statutory authority
Central Consumer Protection Authority (CCPA). Under the auspices of the Ministry of Consumer Affairs. Part of the role of the Consumer Protection Act 2019 was 'to establish authorities for timely and effective administration and settlement of consumers' disputes and for matters connected therewith or incidental thereto.' One such, and the most significant from our perspective, is a Central Consumer Protection Authority, 'to be known as the Central Authority to regulate matters relating to violation of rights of consumers, unfair trade practices and false or misleading advertisements which are prejudicial to the interests of public and consumers and to promote, protect and enforce the rights of consumers.' The role that advertising plays in the CCPA duties is relatively unusual for such authorities and their creation of advertising guidelines or 'Guidelines for Prevention of Misleading Advertisements and Endorsements for Misleading Advertisements, 2022' (see below) to provide its full title, obviously makes a notable impact in the advertising regulatory framework.
https://consumeraffairs.nic.in/acts-and-rules/consumer-protection
CCPA Advertising guidelines
Guidelines for Prevention of Misleading Advertisements and Endorsements for Misleading Advertisements, 2022. 'In exercise of the powers conferred by section 18 of the Consumer Protection Act, 2019 (35 of 2019), the Central Consumer Protection Authority hereby issues the following guidelines to provide for the prevention of false or misleading advertisements and making endorsements relating thereto.' The guidelines are pretty comprehensive and mostly 'general' rules rather than sector-specific and related to misleadingness, decency, portrayal of women , endorsements where a 'material connection' exists, surrogate advertising, free claims, disclaimers, children (defined as not yet completed their 18th year). Under article 8 'An advertisement for junk foods, including chips, carbonated beverages and such other snacks and drinks shall not be advertised during a program meant for children or on a channel meant exclusively for children.'
https://consumeraffairs.nic.in/sites/default/files/file-uploads/latestnews/CCPA%20Notification.pdf
Cable television
Cable Television Networks (Regulation) Act, 1995. in force 29 September, 1994. 'An Act to regulate the operation of cable television networks in the country and for matters connected therewith or incidental thereto.' As might be expected, the act largely deals with matters such as registration of operators, programme content, powers of the authority, duties of operators etc. Chapter II, section 6 establishes the 'Advertisement Code' - see below - 'No person shall transmit or re-transmit through a cable service any advertisement unless such advertisement is in conformity with the prescribed advertisement code. The code also requires that advertisements conform to the ASCI code.
https://www.indiacode.nic.in/bitstream/123456789/1928/1/A1995-07.pdf
Cable TV Advertising Code
Prescribed under the Cable Television Network Rules, 1994 and under the auspices of the Ministry of Information and Broadcasting (MIB). Prohibits the advertising of cigarettes, tobacco products, wine, alcohol, liquor or other intoxicants; addresses issues of race, caste, colour, creed and nationality; incitement crime, or violence or breach of law or exploits the national emblem, or any part of the Constitution or the person or personality of a national leader or a State dignitary; depiction of women: no advertisement shall be permitted which projects a derogatory image of women. Women must not be portrayed in a manner that emphasises passive, submissive qualities and encourages them to play a subordinate, secondary role in the family and society. The code also requires that advertisements conform to the ASCI code.
https://mib.gov.in/sites/default/files/pac1.pdf
Data Protection
Information Technology Act, 2000, as amended by the Information Technology (Amendment) Act, 2008. 'An Act to provide legal recognition for transactions carried out by means of electronic data interchange and other means of electronic communication, commonly referred to as "electronic commerce", which involve the use of alternatives to paper-based methods of communication and storage of information, to facilitate electronic filing of documents with the Government agencies and further to amend the Indian Penal Code, the Indian Evidence Act, 1872, the Bankers' Books Evidence Act, 1891 and the Reserve Bank of India Act, 1934 and for matters connected therewith or incidental thereto. The 2008 act is here.
https://www.meity.gov.in/writereaddata/files/itbill2000.pdf
Associated rules
Four sets of Rules have been introduced under the Information Technology Act, 2000, as amended by the Information Technology (Amendment) Act, 2008. 1) The Security Practices Rules require entities holding sensitive personal information of users to maintain certain specified security standards. 2) The Intermediary Guidelines Rules prohibit content of specific nature on the internet. An intermediary, such as a website host, is required to block such content. 3) The Cyber Café Rules require cyber cafés to register with a registration agency and maintain a log of identity of users and their internet usage. 4) Under the Electronic Service Delivery Rules the government can specify certain services, such as applications, certificates, licenses etc, to be delivered electronically.(From PRS India). The most significant of these rules for commercial oeprational purposes (according to is the first, its full title the Information Technology (Reasonable security practices and procedures and sensitive personal data or information) Rules, 2011.
The Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 from the Ministry of Electronics and Information Technology
Consumer protection e-commerce rules
The Consumer Protection (E-Commerce) Rules, 2020. From the Ministry of Consumer Affairs,Food and Public Distribution (Department of Consumer Affairs) July 23rd 2020. These provisions largely relate to the information that should be provided to consumers by platforms and the processes to be applied in the course of transactions. An advertising-specific clause relates to sellers on e-commerce platforms under article 6 (4)(c): 'ensure that the advertisements for marketing of goods or services are consistent with the actual characteristics, access and usage conditions of such goods or services.' Some other commercial communications on the e-commerce platform may fall under the definition of advertising in the ASCI code and the CCPA guidelines and may therefore be required to observe their respective advertising rules.
https://consumeraffairs.nic.in/sites/default/files/E%20commerce%20rules.pdf
The Code for Self-Regulation of advertising content in India. From ASCI, the Advertising Standards Council of India. The code includes 'general' rules, i.e. those on misleadingness, decency, offense, fair competition etc. as well as sections on Automotive vehicles (April 2008), Brand extensions (July 2021), Foods & Beverages (F&B; February 2013), Educational institutions and programs (April 2022), Disclaimers (October 2016) New/ improved (June 2014), Skin lightening (August 2014), Celebrities (April 2022), Awards/ rankings (April 2022), Online gambling (April 2022), Influencer advertising in digital media (April 2022), Online gambling (April 2022), Virtual digital assets (February 2022), Gender stereotypes guidelines (June 2022).
https://ascionline.in/images/pdf/code_book.pdf
Guidelines For Influencer Advertising In Digital Media. All advertisements published by social media influencers or their representatives, on such influencers’ accounts must carry a disclosure label that clearly identifies it as an advertisement. Disclosure is required if there is any material connection between the advertiser and the influencer. Material connection isn’t limited to monetary compensation. The guidleines set out what forms and styles of disclosure are permissible.
https://asci.social/guidelines
ICC Advertising and Marketing Communications Code 2018. In September 2018, the International Chamber of Commerce introduced the newly revised Advertising and Marketing Communications Code (the Code). Scope: From the website: 'This tenth edition of the Code covers all marketing communications, regardless of form, format or medium. Marketing communications are to be understood in a broad sense (see definitions) but obviously do not extend indiscriminately to every type of corporate communication.' Structure: 'The ICC Code is constructed as an integrated system of ethical rules. There are General Provisions and Definitions which apply without exception to all marketing communications; these should be read in conjunction with the more detailed provisions and specific requirements set out in the relevant chapters:
Chapter A. Sales Promotion
Chapter B. Sponsorship
Chapter C. Direct Marketing and Digital Marketing Communications
Chapter D. Environmental Claims in Marketing Communications.'
Platform:
https://iccwbo.org/publication/icc-advertising-and-marketing-communications-code/
Downloaded:
Translation of the code into eleven languages is here
Additional guides and frameworks
ICC Guide for Responsible Mobile Marketing Communications
Mobile supplement to the ICC Resource Guide for Self-Regulation of Interest Based Advertising
ICC Framework for Responsible Marketing Communications of Alcohol
ICC Resource Guide for Self-Regulation of Online Behavioural Advertising
ICC Framework for Responsible Environmental Marketing Communications
ICC Framework for Responsible Food and Beverage Marketing Communication
ICC guidance documents
ICC Guidance on Native Advertising (May 2015).
https://iccwbo.org/content/uploads/sites/3/2015/05/ICC-Guidance-on-Native-Advertising.pdf
ICC Framework for Responsible Marketing Communications of Alcohol. This Framework helps to interpret the fundamental global standards of the ICC Code to offer more specific guidance on issues unique to the alcohol sector emphasizing the key principles that marketing communications be honest, legal, decent and truthful and prepared with a due regard for social responsibility. It will also serve as the basis for developing self-regulatory rules for marketing alcohol where these do not exist. Countries seeking to establish or enhance marketing self-regulation codes for alcohol can look to the ICC principles as the baseline global standards and use the interpretation of this Framework easily to adapt them into national codes according to varying cultures and contexts.
ICC toolkits
ICC Toolkit: Marketing and Advertising to Children (2017)
https://iccwbo.org/publication/icc-toolkit-marketing-advertising-children/
Summary and Toolkit for Advertising Agency/ Marketer:
http://www.codescentre.com/about-you/advertising-agency-views.aspx
ISA
The Indian Society of Advertisers 'has been the peak national body for advertisers for 70 years and represents the interests of organisations involved in Indian advertising, marketing and media industry. ISA's aim is to promote and safeguard the rights of its members to communicate freely with their customers, and to protect consumers by ensuring advertising and marketing communications are conducted responsibly.' (from their website)
https://www.isanet.org.in/index.php