The Hon’ble Supreme Court in an order issued in Indian Medical Association & Anr. v. Union of India & Ors. [2024] 6 S.C.R. 375 : 2024 INSC 406, to curb the growing menace of misleading advertisements published/displayed with little/nil accountability, gave a slew of directions to manufacturers, promoters and advertisers. That henceforth, before an advertisement is printed/aired/displayed, a Self declaration shall be submitted by the advertiser/advertising agency on the lines contemplated in Rule 7 of the Cable Television Networks Rules, 1994. Para 23 of the said order is as follows:
“23. In view of the above and in the absence of any robust mechanism enacted in law to ensure that the obligations cast on the advertiser to adhere to stipulations in the Guidelines for Prevention of Misleading Advertisements and Endorsements of Misleading Advertisements, 2022 in letter and spirit, it is deemed appropriate to invoke the powers vested in this Court under Article 32 of the Constitution of India for the enforcement of the fundamental right to health that encompasses the right of a consumer to be made aware of the quality of products being offered for sale by manufacturers, service providers, advertisers and advertising agencies. To fill up this vacuum, it is directed that henceforth, before an advertisement is printed/aired/displayed, a Self declaration shall be submitted by the advertiser/advertising agency on the lines contemplated in Rule 7 of the Cable Television Networks Rules, 1994 which is as follows :
“7. Advertising Code. – (1) Advertising carried in the cable service shall be so designed as to conform to the laws of the country and should not offend morality, decency and religious susceptibilities of the subscribers.
(2)No advertisement shall be permitted which–
(i)derides any race, caste, colour, creed and nationality;
(ii)is against any provision of the Constitution of India;
(iii)tends to incite people to crime, cause disorder or violence, or breach of law or glorifies violence or obscenity in any way;
(iv)presents criminality as desirable;
(v)exploits the national emblem, or any part of the Constitution or the person or personality of a national leader or a State dignitary;
(vi)in its depiction of women violates the constitutional guarantees to all citizens. In particular, 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 cable operator shall ensure that the portrayal of the female form, in the programmes carried in his cable service, is tasteful and aesthetic, and is within the well established norms of good taste and decency;
(vii)exploits social evils like dowry, child marriage.
(viii)promotes directly or indirectly production, sale or consumption of-
(A)cigarettes, tobacco products, wine, alcohol, liquor or other intoxicants;
(5)No advertisement shall contain references which are likely to lead the public to infer that the product advertised or any of its ingredients has some special or miraculous or super-natural property or quality, which is difficult of being proved.”