LAWS OF ADVERTISING

THE INDIAN PENAL CODE (IPC), 1860

Sections 292 and 293 of IPC prohibit the dissemination of the obscene matter. Article 377 of IPC declares and non procreative sex against the order of nature and a crime if undertaken in private by consenting adults .By implication, it can not be represented in advertising. IPC also prohibits the publication of matters pertaining to unauthorized lotteries. It further forbids the publications at election .Thus political campaigns cannot use national symbols for advertising.

DRUGS AND COSMETICS ACT, 1940

An Act to regulate the import, manufacture, distribution and sale of drugs and cosmetics: No drugs r cosmetics shall be misbranded by failing to label it in prescribed manner or by making falls or misleading claims on the packing or advertising. Drugs or cosmetics shall not be spurious such as by branding them under the name other drugs, by plain or conspicuous packaging that resemble that of other drugs. Patent or propriety medicines must include in their labeling a list of attractive ingredients in the drug and their quantities. No drugs shall be imported unless they are packed and labeled under the rules of this Act

DRUGS CONTROL ACT, 1950

This Act lays down guidelines and rules for the control of sale, supply and distribution of drugs

THE DRUGS AND MAGIC REMEDIES (OBJECTIONABLE ADVERTISEMENT) ACT 1954

This is an Act to control the advertisements of drugs in certain cases, and to prohibit the advertisements for remedies alleged to possess magic qualities . The act states that unless prescribed by registered medical practitioners or after consultation with the Drug and cosmetics Act 1940: no advertisers shall publish any advertisement referring to any drug that is used for miscarriage in a women, maintenance or improvement of sexual capacity ,correction of menstrual disorder in women and diagnosis ,cure ,mitigation ,treatment or prevention of any disease .

THE YOUNG PERSONS (HARMFUL PUBLICATIONS) ACT, 1956

The act prohibits distribution of publications that may be harmful to persons under the age of twenty. Harmful Publications are defined as books, magazines, pamphlets etc. wherein stories are told portraying criminal offences, acts of violence or cruelty, incidents of repulsive or horrible nature, that tends to corrupt a child

THE INDECENT REPRESENTATION OF WOMEN (PROHIBITION) ACT, 1986

This is an Act to prohibit indecent representation of women through advertisements. It is determined based on the time period and culture of the place. Prevents commoditization of women.

THE EMBLEMS AND NAMES (PREVENTION OF IMPROPER USE) ACT, 1950

The Acts forbids any private party or for commercial purpose the use of certain national names and emblems . eg: National Flag, government buildings, picture of Mahatma Gandhi

THE PREVENTION OF INSULT TO THE NATIONAL HONOUR, ACT 1971

The Act forbids bringing into contempt the National Flag and Constitution of India in any manner

THE PRIZE COMPETITIONS ACT, 1955

The Act controls and regulates prize competitions and prohibits the publication of matter with unauthorized prize competitions.

THE PRIZE CHITS AND MONEY CIRCULATION SCHEMES (BANNING) ACT 1978

An Act to ban the promotion or conduct of prize chits and money circulation scheme, except for certain schemes offered by government, banking companies, educational institutions, etc.

THE INSTANT MILK SUBSTITUTES, FEEDING BOTTLES AND INFANT FOODS (REGULATION OF PRODUCTION, SUPPLY AND DISTRIBUTION) ACT, 1992

This Act prohibits the promotion of infant milk substitutes feeding bottles and infant foods ,since the government has taken on itself the task of protecting breastfeeding