Sansad TV: Perspective- No Misleading Advertisements | Current Affairs & Hindu Analysis: Daily, Weekly & Monthly - UPSC PDF Download

Introduction

Central Consumer Protection Authority

• This authority is formed according to Section 10(1) of The Consumer Protection Act, 2019.
• Its purpose is safeguarding consumer rights by tackling unfair business practices and dishonest ads that could harm the public and consumers.
• It's based in Delhi's National Capital Region, but regional offices may be set up elsewhere by the government.
• Its tasks include investigating violations of consumer rights or unfair practices either on its own, based on complaints, or as directed by the government.
• It can recall dangerous goods or services and order refunds for such products.
• Penalties of up to Rs 10 lakh can be imposed on false advertisers or endorsers, with up to two years in jail. For repeat offenses by the same party, fines could be up to Rs 50 lakh with imprisonment up to five years.
• Endorsers of deceptive ads might be banned from endorsing products for up to one year, extending to three years for repeat violations.
• It can file complaints about consumer rights violations before relevant commissions.

Guidelines and Analysis

• The Central Consumer Protection Authority (CCPA) under the Department of Consumer Affairs has issued 'Guidelines for Preventing Misleading Advertisements and Deceptive Endorsements in 2022' to stop misleading ads and safeguard consumers.
• The guidelines aim to ensure consumers aren't misled by baseless claims, exaggerated assurances, false data, and deceitful statements. Such ads violate consumer rights like being informed, making choices, and being protected from unsafe products and services.
• Established under Section 10 of the Consumer Protection Act, 2019, the CCPA's role is regulating consumer rights violations, unfair trade practices, and false/misleading ads harmful to the public and consumers. It's also here to promote and uphold consumer rights as a whole.
• Using the authority granted by Section 18 of the Consumer Protection Act, 2019, the CCPA introduced these Guidelines.
• Misleading advertisements are already defined under Section 2(28) of the Consumer Protection Act, 2019.
• The new guidelines define "bait advertisement," "surrogate advertisement," and lay out what qualifies as a "free claim advertisement."
• Ads for junk food, like chips and sodas, cannot be shown during children's programs or on kids-only channels.

Advertisements for goods or services targeting children must not:

• Promote negative body image.
• Suggest these items are better than natural/traditional child-friendly foods.
• Ads enticing children with gifts to buy unnecessary products or encouraging illogical consumerism will be discouraged.
• Indian citizens abroad are also restricted from endorsing ads barred for local professionals.
• Endorsers must disclose their connection to the endorsed product or service and specify the roles of manufacturers, service providers, advertisers, and ad agencies.
• No indirect ads can be made for items or services that lawfully can't be advertised directly. This prevents evading restrictions by portraying it as an ad for another lawful item or service.