PIL seeks Censor Board-like body to check misleading advertisements

AHMEDABAD: The Gujarat High Court today issued notices to the Centre and the state government over a PIL demanding formation of a Censor Board-like body for approval of advertisements.

A bench of acting Chief Justice V M Sahai and Justice R P Dholaria issued notice to the Home Departments of the Union and the state governments, the Information and Broadcasting Ministry and the Consumer and Civil Supply Department in connection with the petition.

The High Court also sought a response from Food Safety and Standard Authority of India ( FSSAI) and Press Council of India over misleading advertisements being published and broadcast in various print and electronic media.

The court acted on the PIL filed by Mehsana resident Ganpat Parmar who has sought a Censor Board-like central body without whose approval no advertisement should be allowed to be published or broadcast.

There is only one non-governmental body, Advertising Standard Council of India ( ASCI), which monitors the issues of misleading advertisement but it cannot take punitive action against those who have been found cheating consumers, advocate Jugal Dave, appearing for the petitioner, told the court.

According to Cigarettes and other Tobacco Product Act, 2003, one cannot advertise these products, but in the guise of club soda, music CDs or bravery awards, producers of tobacco, cigarette or alcohol press their advertisements through various media these days, he said.

These are surrogate type advertisements on which the producers of tobacco or alcohol products spend 15 to 20 per cent of their profit, which should be cut short to ten per cent and such advertisements should be banned during TV shows for children, Dave said.

The petitioner said cigarettes manufacturers use words like light or mild, which gives an impression that it is less harmful to the smoker.

In USA, cigarette manufacturers cannot use such words and this should also be implemented in India, the petitioner demanded.

The petitioner also raised the issues of various health drinks, which make tall claims of increasing height or weight.

There is a model in European Union, which suggests that manufacturers of health drinks should provide minute details of level of protein and high fibre in such drinks and there should be a check on whether those supplements can help the consumers gain weight or height.

The petitioner further said beauty products' advertisements use modern techniques to show that one gets a glow after using it for certain period of time. This practice should also be banned.

The High Court has posted the PIL for further hearing on August 27.