New
legislation for curbing misleading advertisements opposed
A seminar on “Impact of Misleading Advertisements on Consumers” was jointly
organized by the Department of Consumer Affairs, Govt. of India and the
National Law School of India University, Bangalore, on 11th December 2011.
The seminar was organized to ascertain the views of the different stakeholders
on the government’s initiative to make a law for eradicating misleading
advertisements.
Sri Pankaj Agarwala, Additional Secretary, in the Department of Consumer
Affairs chaired the day-long interactions, which had participants representing
the State Governments of Andhra Pradesh, Karnataka, Kerala and Tamilnadu,
Voluntary Consumer Organisations, FICCI, CII, ASCI, academicians and others.
Sri Harish Bhat, COO, Indian Society of Advertisers (ISA) said that 71
countries across the world have adopted self-regulation and felt the self-regulation
is more suitable for containing misleading advertisements.
Sri Rohinton Mehta, FICCI, felt that there was no need for any new legislation
for regulating the advertisements as legislations lead to more corruption
and delays. Advertising Standards Council of India (ASCI) has been
doing a good job and it should be supported.
Sri V.L.Rajesh, of CII fully endorsed the views expressed by Sri Mehta
and said that we do not need more legislations, but better enforcement.
Sri I.Venkat, Chairman, ASCI said that China has adopted ASCI’s code and
that spoke about the ASCI’s role in curbing unethical advertisements.
He wanted the government to initiate punitive action against companies
and brands which fail to comply with Consumer Complaints Council (CCC)’s
directive.
Sri B.Vaidyanathan, Chief Mentor, Consumer Protection Council, Rourkela,
said that there is no dearth of law in our country. Unfortunately,
India is rated among the bottom half of countries by Transparency International
and many others. Consumer Protection Act was thought of as a solution
to the ever exploited consumers. But, after the initial inertia,
when everyone thought that something positive would happen, government
itself in a step by step manner put a lid on the entire movement.
In this context he cited the illogical manner in which the representation
in the apex consultative body, the Central Consumer Protection Council
had been drastically reduced so as to make it a farce. Curbing the
misleading advertisement is the job of the professional and a professional
body like ASCI should be allowed to do that rather than enacting a law
and handing it to those who are unfamiliar to the domain. The government
should rather strengthen the ASCI and publicise its activities so that
the objective of curbing unethical advertisements is achieved. He
also wanted the government to strengthen the consumer courts so that any
individual can approach them against misleading advertisements and seek
compensation.
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