As new media and means of advertising emerge, static advertising rules must try and regulate an extraordinarily dynamic industry; the piquancy of new media which puts paid to traditional gentlemen’s agreements for restraint from offensive and inaccurate content is among the greatest challenges of the law at present.
Advertising standards in India are prefaced on a combination of industry-adopted standards, laws governing various media, sector-specific laws and the consumer protection framework.
The Advertising Standards Council of India (ASCI) is the nodal, self-regulatory body, comprising members from industry, advertising and market research, purposed with maintaining honesty, trust and fairness in advertising. Ever more, however, industry regulators like the Telecom Regulatory Authority of India (TRAI), Securities and Exchange Board of India (SEBI), the Insurance Regulatory and Development Authority (IRDA) and the Food Safety and Standards Authority of India (FSSAI) too have begun to actively prescribe advertising standards within their influence.
The main function of advertising is to boost a product or a service in the public perception. With innovative products and new technologies emerging constantly, companies need to carefully ensure that the use, marketing or sale of their product is not hindered due to legal non-compliance.
The firm’s services include wholesome advice, preventive and curative, on aspects of advertising and product liability to ensure regulatory compliance, advertising audits, strategic opinions on packaging and labelling issues, representation before advertising and metrology bodies, and prosecution of product disparagement and false advertising actions in courts and tribunals. Among our clients are media and entertainment establishments, e-commerce marketplaces, publishing firms, financial institutions, hospitality and consumer electronics companies.