SC Mandates Advertiser Self-Declaration

Context

The Supreme Court has taken a significant step towards ensuring transparency in advertising by mandating self-declaration by advertisers. This move is aimed at protecting consumers from false and misleading advertisements, which have become a rampant issue in India. 

Background

The problem of misleading advertisements has been one of the oldest problems faced in India. Customers are oftentimes taken for a raw deal by producers, through giving seemingly appealing claims about some of their products. At least, it was believed that the consumer protection act of 2019 that was primarily developed to outline strict measures for advertisements would have helped in tackling this problem. But, the requirement for self-regulation by the advertisers was still there to some extent. The Supreme Court’s order is a reaction to such occurrences in a bid to ensure that the advertisers are constantly put to task as much as the issues they bring forward regarding their products are concerned.

The Supreme Court’s Order

The Supreme Court has directed advertisers to make self-declarations about their products. The order mandates advertisers to declare the following:

• The product’s composition: Advertisers are required to state the following-what the products are made of and their composition.
• Its ingredients: The common advertising provisions require that an advertiser, when advertising a product, has to reveal the contents of the product.
• Its performance: This means that advertisers are obliged to proclaim the function of their products.
• Any related warnings or precautions: It is the requirement that the advertiser on any of their products have to disclose to the public any warning or precaution that has to be taken in the use of the particular product.

Significance

The Supreme Court’s order is significant for several reasons:

• It ensures transparency in advertising: Regarding self-declaration contemplated by the order, the policy compels advertisers to declare their products, making them more explicit.
• It protects consumers from false and misleading advertisements: At the same time, the order safeguards consumers from being misled into believing the various claims that advertisers pursue in the media.
• It promotes fair competition among advertisers: It makes advertisements protect consumers from fake and exaggerated claims by encouraging fairness among competing advertisers.

Impact on Consumers

The order will have a positive impact on consumers:

• They will be in a better position to make the right decisions every time they make a purchase of the products in the market.
• They will be shielded from misleading advertisement since the authenticity of the information given will be the ultimate determinant .
• They will consult in the event they encounter any untruths.

Impact on Advertisers

The order will also have an impact on advertisers:

• They will have to open up on their products for customers to view.
• They will need to refrain from providing false and misleading information in their advertisements.
• They will be penalised for any failure in that they provide inaccurate information.

Implementation

The advertisement is going to be regulated through the help of Advertising Standards Council of India (ASCI), the organisation that regulates the advertising sector in India. Although ASCI will make sure that it enforces the order passed strongly and will look at any complaints people may have about undue commercials that are misleading.

Conclusion

This decision has made a major advancement in the Supreme Court in the quest to promote honesty and betterment in advertising and advertising self-regulation through self reporting. This move will help to shield the consumers from being associated with fake and misleading advertisement slogans, a vice that has lately gained ground in India. The order is a revolutionary landmark in the flow of advertising and its potential consequences for the country’s advertisers, consumers, and the increased landscape as a whole are overwhelming.

Source: PIB

UPSC Mains Practice Question

Q. Analyse the implications of the Supreme Court’s mandate for self-declaration by advertisers. How might this decision impact the advertising industry, consumer protection, and regulatory oversight in India? Discuss the potential benefits and challenges of implementing this mandate.

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