Loading

Introduction

Ethics means “Positive Behavior” or “Ethical behavior from the perspective of the public and the time frame”. By common consent, various forms of behavior and behavior are view as ‘good’ or ‘bad’. In other words, we can say that the Code of Conduct is the ethics and values ​​that govern the action and decisions of each party. Moral is the choice between right and wrong, between right and wrong. It is govern by a set of ethical principles at a particular time and within a given community and a society. Behavior is related to group behavior in large-scale analyzes, and therefore sets the criteria for the individual to follow in accordance with the group’s circumstances.

So, even advertising has a fair value. The combination of art and facts in commercial communications complies with ethical principles. In today’s competitive and consumerist market, ads must be genuine and ethical. If the ad is misleading, the credibility of the organization is lost. Looking at the truth in marketing, it should be see from a consumer perspective rather than from a legal point of view.

However, it is very difficult to draw a clear line between the difference between fact and untruth. But such an ad is judged by its impact and its acceptance by consumers. The product must fulfill its advertised claims. Advertisements should be good and not free. There must be some truth. Gambling is also not true. At other times, celebrities promoting the product and spreading lies are also criticize. Advertising is a social process, and therefore must follow long-tested methods of social behavior and should not be in line with our sense of morality.

In short the code of conduct is a code of conduct or code of conduct that shows us the right or the best way to do something in a particular situation. Values ​​vary from person to person, from public to public. Remember that different people have different backgrounds, values ​​, and interests. You won’t see anything wrong with cigarette ads or beer or sexually explicit ads, but other readers; many object to these actions for the sake of morality and good manners. You have to draw your conclusions as to what is right and what is wrong.

Legal Actions

Legal action may be take against ads promoting the following methods

1. Ridicule caste, race, ethnicity, color, and creed.

2. He opposes any provision of the Constitution of India.

3. To mobilize people to commit criminal activities, to arouse suspicion, to cause disturbance and / or violence in the country.

4. It is a violation of the rules and / or glorifies invisibility or violence in any way.

5. Glorify terrorism, forced murder, crime, and so on.

6. Remove the father of the country, the national emblem, part of the Constitution, or the image of the head of state or state image.

7. Filter women in an annoying way. Women should not be portrayed in a disgusting, abusive, or embarrassing way.

8. Discover content that is less appealing than the cut principles of good taste and behavior.

9. Use and promote the evils that exist in marriages such as child marriage, the burning of a bride, and the burning of a marriage.

10. The competition law of the 1955 awards prohibits the publication or distribution of prize competition advertisements where the prize given exceeds Rs1000 / – in any month.

11. The Motor Vehicles Act of 1998 empowers the State Government to authorize the police to remove advertisements that may remove a road sign or any advertisement that is displayed as a road traffic sign or interferes with the driver’s attention or attention.

12. The Ninth Circuit Awards and Currency Conversion Schemes (Banning) of 1978 prohibits the printing or publishing of prizes for prizes and cash distribution plans.

13. Prohibition of Advertising and Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act 2003 prohibits the advertising of tobacco and other tobacco products.

14. The Representation of the People Act, 1951, prohibits political advertising 48 hours before the voting deadline.

15. The Cable Television Networks (Regulation) Act, 1995, prohibits the sending of advertisements on cable networks that are not compliant with the Advertising Code.

Regulatory Authorities in India

The absence of one complete rule has created a lot of confusion in the advertising industry. In 1985, a self-regulatory mechanism for enforcing ethical advertising was established in the form of the Advertising Standards Council of India (ASCI), an illegal court. It is an independent body under the aegis of the Advertising Agency Association of India (AAAI) ASCI entertaining and condemning complaints based on its Advertising Code (ASCI Code). Gradually, the ASCI Code has gained greater recognition in the advertising industry. In August 2006, ASCI Code enforced TV advertising by amending Cable Television Networks (Amendment) Rules, 2006: “No advertisement violates the Code of Self-Control in Advertising, as adopted by ASCI, Mumbai for public viewing in India, from time to time, will be handled by cable service.

“This move provided a binding effect on the ASCI code. Rule 7 states that any advertisement that transcends any racial, caste and often incitement to crime, causes interference or embarrassment or insults. Also, section 6 of the Telecommunications Act (Regulation) of 1955, prohibits the posting or redistribution of any advertisement by cable service unless it complies with the ASCI Code.

ASCI Certification (Council of Standards Council of India)

To ensure the authenticity and reliability of representations and claims made in advertising and to protect against fraudulent advertising. To ensure that advertisements do not stumble upon the generally accepted standards of public recognition.

To protect against the improper use of advertising of products deemed to be harmful to the public or the public to some extent or of an unacceptable nature to the general public.

Also to ensure that advertisements reflect equity in competitions so that consumers need to be informed of existing market decisions and the most commonly accepted business behavior trends.

Under the ASCI Code, anti-advertising complaints can be made by anyone who considers them false, misleading, offensive, or inaccurate. Complaints are evaluated by an independent consumer complaints council (CCC).

The CCC determines complaints from the general public including government officials, consumer groups, etc., complaints from one advertiser against another and even lays out complaints about fire from an ASCI, CCC, or Secretary Board member.

The CCC usually decides to appeal within four to six weeks if the party is affected and allowed to present its case.

Law Administration in India

The following are the legal factors governing advertising in India

1.Sec. 292 (2) (d) of the Indian Penal Code, 1860, makes it a criminal offense to publish, distribute, sell, rent, or circulate any advertising material.

2.Sec. 294-A of the Indian Penal Code, 1860, is the publication of any advertisement or any related state lottery without penalty.

3. The Young People (Harmful Publisher) Act 1956 makes it a dangerous advertising and publication.

4. Symbols and names, 1950, prohibit the use of certain emblems, which prohibit the use of certain emblems and keywords nationally or internationally for commercial purposes.

5. The Drug and Alcohol Act (Unlawful Ads), 1954 prohibits advertisements for certain medicines for the treatment of certain diseases. The law also prohibits drug-related ads and magical remedies for the treatment of certain misleading diseases.

6. The Indecent Representation of Women (Prohibition) Act 1986 prohibits the publication of advertisements containing inappropriate representations of women.

7. The Prenatal Research Techniques (Regulation and Prevention of Abuse) Act 1994 prohibits advertisements related to the decision to procreate.

8. The introduction of The Personal Law 1994 makes it a criminal offense to invite people to donate organs.

Conclusion

The moral aspect of Indian marketing is very important to bring back our Indian culture and values. Indian culture is becoming less and less a western culture that is having a huge impact on our country. Telecasting and obscene publicity, crude advertising clearly shows the tendency of western culture in India and therefore, saving our culture, culture, and ethical standards for such nasty ads. The researcher pointed out a large number of statutory provisions governing ads.

Besides, the ASCI-independent body has been set up by an ad agency to control and control adverse events. But today the numbers of illegal and disgusting ads are increasing in value rather than in decline. This clearly shows that the application of the laws governing advertising is not done properly. The lack of law enforcement spills over to the most obscene and obscene ads. Therefore the proper application of laws is very much needed in our country. An advertisement must not mislead the customers.

What promises to make ad products should not be obscene advertising and social norms, should respect the ethics of society, and should not offend our moral sense.

1. Permission will not be granted if the items are completely religious or entirely religious or political. Contracts cannot be directed to any religious or political end, or to access media of any kind.

2. Any goods or services advertised shall not constitute a defect or omission of any kind as promulgated in the Consumer Protection Act 1986.

3. Products should not be presented in a way that misleads the public in providing information that an item has a special, mysterious, or natural substance, which is difficult at any time to prove.

4. The image and audio content of the promotional video should not be overly ‘high’.

5. An advertisement must not endanger the safety of children or produce any kind of distortion or interest that leads you to accept or emulate bad behavior.

6. Any kind of offensive, disgusting, abusive, obscene, and degrading themes and / or treatment should be avoided under all circumstances.

7. Good creative ads always attract people’s attention, but they should have good visual content. One should not be in a position to play with people’s feelings and emotions.


2 Comments

Tripti Arora Dohutia · 20/05/2020 at 10:21 AM

Informative

    Mahak kiyawat · 20/05/2020 at 7:27 PM

    Thanks Ma’am

Leave a Reply

Avatar placeholder

Your email address will not be published. Required fields are marked *