272+ Lawyers are online 
what are legal way to publish advertisements for job?
03-Jul-2023 (In Civil Law)
Is advertisement for contractual job through website of the concerned public agency and not publishing that advertisement in any newspaper and subsequent walk-in-interview amounting to the violation of article 16?
At present in India, there is no central statutory agency or uniform legislation regulating the advertising industry. The Indian advertising market as a whole is regulated and controlled by a non-statutory body, the Advertising Standards Council of India (ASCI). In the absence of uniform integrated legislation, it is necessary for advertisers to ensure that an advertisement is in compliance will all local and national advertisement laws.
1.1 Role of the Advertising Standards Council of India (ASCI)
ASCI is a voluntary self-regulatory council established in 1985 to promote responsible advertising and to enhance public confidence in advertisements. The council's objectives are:
To ensure the truthfulness and honesty of representations and claims made by advertisements
To ensure that advertisements are not offensive to generally accepted standards of public decency
To safeguard against the indiscriminate use of advertising for the promotion of products regarded as hazardous to society or to individuals.
To ensure that advertisements observe fairness in competition so as to inform the consumer on choices in the marketplace while observing the canons of generally accepted competitive behavior in business
ASCI consists of a Board of Governors and a Consumer Complaints Council. The Board of Governors comprises four members from each of the four sections connected with the advertising industry:
Advertisers
Advertising Agencies
Media (owners of press, television, radio etc.)
Related sectors (e.g. outdoor agencies, PR, market researchers, ad producers, business schools)
1.2 The ASCI Code: Self-Regulation of Advertising
To regulate advertisement in India, ASCI has adopted a Code for Self-Regulation in Advertising ("ASCI Code"), which applies to all involved in the commissioning, creation, placement, or publishing of advertisements. This ASCI Code applies to advertisements read, heard, or viewed in India even if they originate or are published abroad so long as they are directed to consumers in India or are exposed to a significant number of consumers in India.
Though non-statutory, the ASCI Code is recognized under various Indian laws in addition to being adopted by advertising-industry bodies. Notably, the ASCI Code provides that it is not in competition with any law,its rules, or the machinery through which they are enforced, thus the ASCI Code is designed only to complement legal controls under such laws and not to usurp or replace them.
1.3 Laws: Statutory Regulation of Advertising
Complementing the ASCI Code are Indian laws governing specific media, specific populations, and specific goods and services. The most significant of these laws are listed here.
Laws Governing Media
The Press Council Act 1978
Cable Television Network Rules, 1994
Code for Commercial Advertising on Doordarshan and All India Radio
Electronic Media Monitoring Centre (EMMC)
Norms for Journalist Conduct issued by the Press Council of India
Code of Conduct of the News Broadcasters Association
Laws Protecting Society and the Consumer
Emblems and Names (Prevention of Improper Use) Act, 1950
Young Persons (Harmful Publications) Act, 1956
Companies Act, 1956
Standards of Weight & Measures Act, 1976
Indecent Representation of Women (Prohibition) Act, 1986
Consumer Protection Act, 1986
Laws related to intellectual property rights
Industry-Specific Laws
The Drugs and Cosmetic Act, 1940
The Transplantation of Human Organs Act, 1994
The Drugs and Magical Remedies (Objectionable Advertisements) Act, 1954
The Prenatal Diagnostic Techniques (Regulation and Prevention of Misuse) Act, 1994
Advocates Act, 1961
Infant Milk Substitutes, Feeding Bottles and Infant Foods (Regulation of Production, Supply and Distribution) Act, 1992
Securities and Exchange Board of India Act, 1992
The Prize Chits and Money Circulation Schemes (Banning) Act, 1978
Cigarettes and other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003
Public Gambling Act, 1867, the Lotteries (Regulation) Act, 1998 and the Prize Competitions Act, 1955
Indian Medical Council (Professional Conduct, Etiquette and Ethics) Regulations, 2002
The Food Safety & Standards Act, 2006
1.1 Role of the Advertising Standards Council of India (ASCI)
ASCI is a voluntary self-regulatory council established in 1985 to promote responsible advertising and to enhance public confidence in advertisements. The council's objectives are:
To ensure the truthfulness and honesty of representations and claims made by advertisements
To ensure that advertisements are not offensive to generally accepted standards of public decency
To safeguard against the indiscriminate use of advertising for the promotion of products regarded as hazardous to society or to individuals.
To ensure that advertisements observe fairness in competition so as to inform the consumer on choices in the marketplace while observing the canons of generally accepted competitive behavior in business
ASCI consists of a Board of Governors and a Consumer Complaints Council. The Board of Governors comprises four members from each of the four sections connected with the advertising industry:
Advertisers
Advertising Agencies
Media (owners of press, television, radio etc.)
Related sectors (e.g. outdoor agencies, PR, market researchers, ad producers, business schools)
1.2 The ASCI Code: Self-Regulation of Advertising
To regulate advertisement in India, ASCI has adopted a Code for Self-Regulation in Advertising ("ASCI Code"), which applies to all involved in the commissioning, creation, placement, or publishing of advertisements. This ASCI Code applies to advertisements read, heard, or viewed in India even if they originate or are published abroad so long as they are directed to consumers in India or are exposed to a significant number of consumers in India.
Though non-statutory, the ASCI Code is recognized under various Indian laws in addition to being adopted by advertising-industry bodies. Notably, the ASCI Code provides that it is not in competition with any law,its rules, or the machinery through which they are enforced, thus the ASCI Code is designed only to complement legal controls under such laws and not to usurp or replace them.
1.3 Laws: Statutory Regulation of Advertising
Complementing the ASCI Code are Indian laws governing specific media, specific populations, and specific goods and services. The most significant of these laws are listed here.
Laws Governing Media
The Press Council Act 1978
Cable Television Network Rules, 1994
Code for Commercial Advertising on Doordarshan and All India Radio
Electronic Media Monitoring Centre (EMMC)
Norms for Journalist Conduct issued by the Press Council of India
Code of Conduct of the News Broadcasters Association
Laws Protecting Society and the Consumer
Emblems and Names (Prevention of Improper Use) Act, 1950
Young Persons (Harmful Publications) Act, 1956
Companies Act, 1956
Standards of Weight & Measures Act, 1976
Indecent Representation of Women (Prohibition) Act, 1986
Consumer Protection Act, 1986
Laws related to intellectual property rights
Industry-Specific Laws
The Drugs and Cosmetic Act, 1940
The Transplantation of Human Organs Act, 1994
The Drugs and Magical Remedies (Objectionable Advertisements) Act, 1954
The Prenatal Diagnostic Techniques (Regulation and Prevention of Misuse) Act, 1994
Advocates Act, 1961
Infant Milk Substitutes, Feeding Bottles and Infant Foods (Regulation of Production, Supply and Distribution) Act, 1992
Securities and Exchange Board of India Act, 1992
The Prize Chits and Money Circulation Schemes (Banning) Act, 1978
Cigarettes and other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003
Public Gambling Act, 1867, the Lotteries (Regulation) Act, 1998 and the Prize Competitions Act, 1955
Indian Medical Council (Professional Conduct, Etiquette and Ethics) Regulations, 2002
The Food Safety & Standards Act, 2006
Helpful?
13+
13+
Adv. Siddhant Sharma
Delhi | 500+ Answers
Chat
What is the difference between MRTP and Competition Act?
The MRTP Act has as its goal to control monopoly on the market. The competition act promotes healthy market competition.
What is the purpose of the MRTP Act?
Answer: The monopolistic trade practices legislation was introduced in 1969. This law was intended to prevent the concentration of power in the economy in the hands a few.
What is the journey from Mrtp Act to Competition Act?
In November 2000, a draft of a new competition law was prepared and submitted to the government. The bill on the competition was then introduced into the parliament. The Competition Act became law in December 2002. The MRTP Act of 1992 was repealed and replaced by the Competition Act of 2003.
Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
Connect with top Civil lawyers for your specific legal issue
No Comments! Be the first one to comment.
"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."
