Advertising Guidelines: A Step Above Self-Regulation

This article analyses the regulatory framework applicable to advertisements in India in light of the notification of the Guidelines for Prevention of Misleading Advertisements and Endorsements for Misleading Advertisements, 2022.

Until June 2022, advertising across all platforms was regulated by the Advertising Standards Council of India (ASCI), a self-regulatory watchdog, that compelled compliance with the Code for Self-Regulation of Advertisements (ASCI Code). The self-regulatory framework has since been supplemented by the introduction of the Guidelines for Prevention of Misleading Advertisements and Endorsements for Misleading Advertisements, 2022 (Guidelines) framed by the Central Consumer Protection Authority (CCPA) under the Consumer Protection Act, 2019 (Act). In addition to following industry best practices, advertisers and endorsers must now also comply with the Guidelines.