Advertisement - Legal Perception
Parthasarathi Loganathan
(Querist) 30 October 2010
This query is : Resolved
Experts should not evade this query. Please explain honestly as to which Enactment or Statute legally defines Advertisement? What are the essential legal ingredients to qualify the concept of Advertisement? What is and What is NOT Advertisement. To be pointed, I need maximum participants especially from active experts like Makkadji, Barmanda, Subramanian Sir, Vishalji, Mr.Ramachandran, Kiranji, Rajooji, Shashiji,Tripatiji,Khaleel Saheb, Tomji, etc
Please go ahead
s.subramanian
(Expert) 30 October 2010
Dear Mr.Loganathan,
Thank you for your invitation. Kindly give me sometime to prepare myself to come on record with accurate details.
Parthasarathi Loganathan
(Querist) 30 October 2010
Mujhe Maaf Keejiye Sarveshji!! Main Aap Ko kaisey Bhool saktha hoon? Aap Bach nahi sakthe. Please take a lead in this debate. Good Wishes!
Devajyoti Barman
(Expert) 30 October 2010
I am in Puja vacation for last few weeks. No material to study right now. I would certainly revert back on this aspect when I would get back to my place of work after Diwali . Thanks for the invitation anyway.
Sarvesh Kumar Sharma Advocate
(Expert) 30 October 2010
Advertising is a form of communication intended to persuade an audience (viewers, readers or listeners) to purchase or take some action upon products, ideals, or services.
Kirti Kar Tripathi
(Expert) 31 October 2010
Thanks for invitation. plz give some time for preparing myself.
Advocate. Arunagiri
(Expert) 31 October 2010
The old act ”The Press (Objectionable Matters) Act, 1951” can give you a clear picture of the advertisements. And the new act The Press Council Act, 1978 will give more details of the press responsibility (advertisement is included).
As Mr.Shasi said the objectionable advt can not be released. But the objections are raised from various departments.
The advertiser may not know whether his advertisement is illegal or illegal. But, in most cases the ad agencies filter.
I hope that I have attempted well(?) to answer your query.
M V Gupta
(Expert) 31 October 2010
I must thank Mr. Loganathan for having raised an interesting query. My efforts to find out the legal definition of the word “Advertisement” reveals that the word is defined differently in different laws having regard to the objective of the Act. In the US laws relating to consumer credit protection, the word is defined to mean “ a commercial message in any medium that promotes directly or indirectly a credit transaction.” Thus the definition is restrictive in nature and is not comprehensive. Again, “false advertisement” is defined as “an advertisement than libeling which is misleading in material respect…. By representions made or suggested by statement , word, design, device, sound or any combination thereof …” As regards the definition of the word under the Indian laws I draw your attention to Sec. 3(a) of the Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade, Commerce, Production, Supply & Distribution) Act, 2003. The section defines “advertisement” as including any visible representation by way of notice, circular, lable, wrapper or other document and also includes any announcement made orally or by other means of producing or transmitting sound, smoke or gas”. Thus I find this definition is fairly comprehensive. Last but not least we amy note that the traditional means of advertising such as news papers, magazines, radio, cinemas, bill boards, banners, writing on the walls in public places etc. is now expanded by the electronic media such as TV, Internet, mobikle phones, blogs on the internet etc.
Hope the above throws a detailed definition of the word advertisement. I also suggest for your reference the following:
1. Website of the Advertising Council of India.
2. Drug and Magic Remedies (Objectionable Advertisement) Act, 1954.
3. SC decision in Hamdard Dawakhana VS. UOI (AIR. 1960 SC 554 )
4. SC decision in Tata Press Ltd. VS MTNL (1995) 5. SCC 139)
Arul Kumar
(Expert) 03 November 2010
As per the legal dictionary ADVERTISEMENT means the following:
1) A 'notice' published either in handbills or in a newspaper.
2) The law in many instances requires parties to advertise in order to give notice of acts which are to be done; in these cases, the advertisement is in general equivalent to notice.
3) When an advertisement contains the terms of sale, or description of the property to be sold, it will bind the seller; and if there be a material misrepresentation, it may avoid the contract, or at least entitle the purchaser to a compensation and reduction from the agreed, price.
Apart from the above dictionary meaning Advertisement has been defined in various Indian Law such as Service Tax Act, 1994.
The statutory definition of Advertisement as provided under Section 65(2) is, “advertisement’ includes any notice, circular, label, wrapper, document, hoarding or any other audio or visual representation made by means of light, sound, smoke or gas.”
Thanks,
“Wish you all experts a HAPPY & PROSPEROUS DIWALI”
DEFENSE ADVOCATE.-firmaction@g
(Expert) 31 October 2010
