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Union of India - Section

Section 7 in Cable Television Networks Rules, 1994

7. Advertising Code.

(1)Advertising carried in the cable service shall be so designed as to conform to the laws of the country and should not offend morality, decency and religious susceptibilities of the subscribers.
(2)No advertisement shall be permitted which-
(i)derides any race, caste, colour, creed and nationality;
(ii)is against any provision of the Constitution of India;
(iii)tends to incite people to crime, cause disorder or violence or breach of law or glorifies violence or obscenity in any way;
(iv)presents criminality as desirable;
(v)exploits the national emblem, or any part of the Constitution or the person or personality of a national leader or a State dignitary;
(vi)in its depiction of women violates the Constitutional guarantees to all citizens. In particular, no advertisement shall be permitted which projects a derogatory image of women. Women must not be portrayed in a manner that emphasises passive, submissive qualities and encourages them to play a subordinate, secondary role in the family and society. The cable operator shall ensure that the portrayal of the female form, in the programmes carried in his cable service is tasteful and aesthetic, and is within the well established norms of good taste and decency;
(vii)exploits social evils like dowry, child marriage;
(viii)[ promotes directly or indirectly production, sale or consumption of- ] [Inserted by Notification No. G.S.R. 710(E), dated 8.9.2000 (w.e.f. 29.9.1994)]
(A)[ cigarettes, tobacco products wine, alcohol, liquor or other intoxicants.] [Substituted by G.S.R. 104(E), dated 25.02.2008 (w.e.f. 29-9-1994)]
[Provided that a product that uses a brand name or logo, which is also used for cigarettes, tobacco products, wine, alcohol, liquor or other intoxicants, may be advertised on cable service subject to the following conditions that-
(i)the story board or visual of the advertisement must depict only the product being advertised and not the prohibited products in any form or manner;
(ii)the advertisement must not make any direct or indirect reference to the prohibited products;
(iii)the advertisement must not contain any nuances or phrases promoting prohibited products;
(iv)the advertisement must not use particular colours and layout or presentations associated with prohibited products;
(v)the advertisement must not use situations typical for promotion of prohibited products when advertising the other products:
Provided further that-
(i)the advertiser shall submit an application with a copy of the proposed advertisement alongwith a certificate by a registered Chartered Accountant that the product carrying the same name as cigarettes, tobacco products, wine, alcohol, liquor or other intoxicants is distributed in reasonable quantity and is available in a substantial number of outlets where other products of the same category are available and the proposed expenditure on such advertising thereon shall not be disproportionate to the actual sales turnover of the product;
(ii)all such advertisements found to be genuine brand extensions by the Ministry of Information and Broadcasting shall be previewed and certified by the Central Board of Film Certification as suitable for unrestricted public exhibition and are in accordance with the provisions contained in sub-clause (i) to (v) of the first proviso, prior to their telecast or transmission or retransmission;]
(B)[ infant milk substitutes, feeding bottle or infant foods.] [Inserted by Notification No. G.S.R. 710(E), dated 8.9.2000 (w.e.f. 29.9.1994)]
(ix)[ depicts cruelty or violence towards animals in any form or promotes unscientific belief that causes harm to animal.] [Inserted by Notification No. G.S.R. 804(E), dated 19.8.2016 (29.9.1994).]
(3)No advertisement shall be permitted the objects whereof are wholly or mainly of a religious or political nature; advertisements must not be directed towards any religious or political end.[(3-A) No advertisement shall contain references which hurt religious sentiments.] [Inserted by Notification No. G.S.R. 710(E), dated 8.9.2000 (w.e.f. 29.9.1994)]
(4)The goods or services advertised shall not suffer from any defect or deficiency as mentioned in Consumer Protection Act, 1986.
(5)No advertisement shall contain references which are likely to lead the public to infer that the product advertised or any of its ingredients has some special or miraculous or super-natural property or quality, which is difficult of being proved.
(6)The picture and the audible matter of the advertisement shall not be excessively "loud" .
(7)No advertisement which endangers the safety of children or creates in them any interest in unhealthy practices or shows them begging or in an undignified or indecent manner shall not be carried in the cable service.
(8)Indecent, vulgar, suggestive, repulsive or offensive themes or treatment shall be avoided in all advertisements.
(9)No advertisement which violates the Code for self-regulation in advertising, as adopted by the Advertising Standard Council of India (ASCI), Mumbai for public exhibition in India, for time to time, shall be carried in the cable service.
(10)All advertisements should be clearly distinguishable from the programme and should not in any manner interfere with the programme, viz. , use of lower part of screen to carry captions, static or moving alongside the programme.
(11)[ No programme shall carry advertisements exceeding twelve minutes per hour, which may include up to ten minutes per hour of commercial advertisements, and up to two minutes per hour of a channel's self-promotional programmes.] [Inserted by Notification No. G.S.R. 452(E) dated 31.7.2006 (w.e.f. 29.9.1994).]
(12)[ where the Central Government is satisfied that the advertisement of any channel is not in conformity with the Advertising Code, it may, after giving an opportunity of hearing to the cable operator, and by an order in writing, prohibit the transmission or re-transmission of any such channel or programme in accordance with the provisions of section 20 of the Act.] [Inserted by Notification No. G.S.R. 416(E), dated 17.6.2021 (w.e.f. 29.9.1994).]