CODE FOR COMMERCIAL ADVERTISING OVER ALL INDIA RADIO
In this Code, unless the context otherwise requires:- Government means Government of India.Director General means the Director General, All India Radio, or any officer duly authorised by him on his behalf.Advertiser means any individual or organisation including a commercial concern which has offered an advertisement for broadcast over the radio.Advertising Agency means any organisation which is accredited to, registered with AIR a such.Advertisement includes any item of publicity for goods or services inserted in the programmes broadcast by the competent authority in consideration of payment to All India Radio.Spot Advertisement means any direct advertisement mentioning product/service, there merit and other related details.The term 'Sponsored Programme' means any programme material which is planned, produced and or paid for by an organisation or individual, including a commercial concern to be called 'the Sponsor' for the purpose of being broadcast over the Radio.
SCOPE The Director General, All India Radio, shall be the sole judge of the suitability or otherwise of an advertisement or a sponsored programme for broadcast his decision in this regard shall be final.Broadcast time shall be sold to the Advertiser / Advertising Agencies at the sole discretion of the Director General, All India Radio, according to the prescribed rates.The Advertisement must be crearly distinguishable from the programme.A Sponsored programme shall constitute a substantive broadcast / programme, as diatinct from material which directly advertise any specific wares or goods / products / services. The name of the sponsor shall be broadcast immediately before and after the sponsored programme.
The Sponsor shall, however, undertake to indemnify All India Radio against any legal claim that may be brought against it as a result of the broadcast of a Sponsored Programme or any portion thereof.
Advertising is an important and legitimate means for the seller to awaken interest in his goods and services. The success of advertising depends on public confidence; hence no practice should be permitted which tends to impair this confidence. The standards laid down here should be taken as minimum standards of acceptability which would be liable to be reviewed from time to time in relation to the prevailing norm of listener?s susceptibilities.
The following standards of conduct are laid down in order to develop and promote healthy advertising practices in All India Radio. Responsibility for the observance of these rules rests equally upon the Advertiser and the Advertising Agency.
All those engaged in advertising are strongly recommended to familiarize themselves with the legislation affecting advertising in this country, particularly the following Acts and the Rules framed under them:-
- Drugs and Cosmetics Act, 1940.
- Drugs Control Act, 1950.
- Drugs and Magic Remedies (Objectionable Advertisement) Act, 1954.
- Copyright Act, 1957.
- Trade and Merchandise Marks Act, 1958.
- Preventation of Food Adulteration Act, 1954.
- Pharmacy Act, 1948.
- Prize Competition Act, 1955.
- Emblems and Names (Prevention of Improper Use) Act, 1950.
- Consumer Protection Act, 1986.
- Indecent Representation of women (Prohibition) Act, 1986.
- AIR / Doordarshan Code.
- Code of Ethics for advertisement in India issued by the Advertising Council of India (see Annexure-I)
- Code of standards in relation to the advertising of medicines and treatments (see Annexure-II)
- Standards of practice for Advertising Agencies (see Annexure-III)
(The list is illustrative and not exhaustive).
GENERAL RULES OF CONDUCT IN ADVERTISING: Advertising shall be designed as to confirm to the laws of the country and should not offend against morality, decency and religious susceptibilities of the people.No advertisement shall be permitted which:- derides any race, caste, color, creed and nationality;is against any of the directive principles, or any other provision of the Constitution of India;tends to incite people to crime, cause disorder or violence, or breach of law or glorifies violence or obscenity in any way;presents criminality as desirable;adversely affects friendly relations with foreign States;exploits the national emblem, or any part of the constitution or the person or personality of a national leader or State Dignitary;relates to or promotes cigarettes and tobacco products, liquor, wines and other intoxicants;No advertisements message shall in any way be presented as News.No advertisements shall be permitted the objects whereof are wholly or mainly of a religious or political natures; advertisement must not be directed towards any religious or political end or have relation to any industrial dispute.
Proviso: 'But advertisements in the form of spots and jingles on payment of prescribed fees,from Political parties / Candidates / any other person shall be accepted only in respect of General Elections to Lok Sabha / General Elections to the State Assemblies / General Elections to Local bodies during the period when the model Code of Conduct is in force. Such advertisements shall be subject to pre-broadcast scrutiny by the Election Commission of India / authorities under the Election Commission of India in respect of elections to Lok Sabha and the State Assemblies and State Election Commissions in the case of Local bodies. '
(As per DG: AIR's I.D.No. 15/3/2008-PIV dated November 20, 2008).
Advertisements for services concerned with the following shall not be accepted:- Money lenders;Chit funds;Saving schemes and lotteries other than those conducted by Centeral and State Government organisations, nationalised or recgonised banks and public sector undertakings;Matrimonial agencies;Unlicenced employment services;Fortune tellers or sooth-sayers etc. and those with claims of hypnotism;Foreign goods and foreign banks.Betting tips and guide books etc. relating to horse-racing or the other games of chance. The items advertised shall not suffer from any defect or deficiency as mentioned in Consumer Protection Act 1986.No advertisement shall contain reference which are likely to lead the public to infer that the product advertised or any advertised or any of its ingredients has some special or miraculous or super-natural property or quality, which is difficult of being proved, e.g. cure for baldness, skin whitener, etc.No advertisement shall contain the words ?Guarantee? or ?Guaranteed? etc., unless the full terms of the guanrantee are available for inspection by the Directorate General, All India Radio, are clearly set out in the advertisement and are made available to the purchaser in the writing at the point of sale or with the goods; in all cases, terms must include details of the remedial action available to the purchaser. No advertisement shall contain a direct or implied reference reference to any guarantee which purports to take away or diminish the legal rights of the purchaser.Advertisers or the agents must be prepared to produce evidence to substantiate any claims or illustrations. The Director General reserves the right to ask for such proofs and get them examined to his full satisfation. In case of goods covered by mandatory quality control orders, the advertiser shall produce quality certificate from the institutions recognised by the Government for this purpose.Advertisements shall not contain disparaging of derogatory references to another product or service.Testimonials must be genuine and used in a manner not to mislead the listeners. Advertisers or Advertising Agencies must be prepared to produce evidence in support of their claims.No advertisement of any kind of jewellery (except artificial jewellery) or precious stones shall be accepted.Information to consumers on matters of weight, quality or prices of products where given shall be accurate.Advertisements indicating price comparisons or reductions must comply with relevant laws.No advertisement shall be accepted which violates AIR Broadcast Code which is reproduced below:-
GENERAL AIR CODE Criticism of friendly countries.Attack of religious or communities.Anything obscene or defamatory;Incitement to violence or anything against maintenance of law and order;Anything amounting to contempt of court;Aspersions against the integrity of the President and Judiciary;
'Note: Advertisements concerning jewellery, foreign goods and foreign banks, besides those related to Indian Equity / Debenture issued for NRIs will, however, be accepted as far as the external services of All India Radio are concerned.'
Any such effects which might startle the listening public must not be incorporated in advertisements. For example, and without limiting the scope, the use of the following sound effects will not be permitted:
- anything affecting the integrity of the Nation and criticism by name of any person.
Rapid gunfire or rifle shots;
Raucous laughter and the like.Any pretence in advertising copy must be avoided and such copy shall not be
accepted by All India Radio. The `simulation? of voices of a personality in connection with advertisements for commercial products is also prohibited unless bonafide evidence is available that such personality has given permission for the simulation and it is clearly understood that station broadcasting such announcements are indemnified by the advertiser or advertising agency against any possible legal action.
ADVERTISING AND CHILDRENNo advertising for a product or service shall be accepted if it suggests in any way that unless the children themselves buy or encourage other people to buy the products or services, they will be failing in their duty or lacking in loyalty to any person or organisation.No advertisement shall be accepted which leads children to believe that if they do not own or use the product advertised they will be inferior in some way to other children or that they are liable to the condemned or ridiculed for not owning or using it.No advertisement likely to bring advertising into contempt or disrepute shall be permitted. Advertising shall not take advantage of the superstition or ignorance of the general public.No advertising of talismans, charms and character-reading from photographs or such other matter as well as those which trade on superstition of general public shall be permitted.Advertising shall be truthful, avoid distorting facts and misleading the public by means of implications by false statements, as to : the character of the merchandise, i.e. its utility, materials, ingredients, origin etc.the price of the merchandise, its value, its suitability or terms of purchase.the services accompanying purchase, including delivery, exchange, return, repair, upkeep etc.personal recommendations of the article or service.the quality or the value of competing goods or trustworthiness of statement made by others. Testimonials of any kind from experts etc. other than Government recognised standarisation agencies shall not be permitted.No advertisement shall be permitted to contain any claim so exaggerated as to lead inevitably to disappointment in the minds of the public.Methods of advertising designated to create confusion in the mind of the consumer as between goods by one maker and another maker are unfair and shall not be used. Such methods may consist in: the imitation of the trademark of the name of competition or packaging or labeling of goods; orthe imitation of advertising devices, copy, layout or slogans.
Indecent, vulgar, suggestive, repulsive or offensive themes or treatment shall be avoided in all advertisements. This also supplies to such advertisements which themselves are not objectionable as defined above, but which advertise objectionable books, photographs or other matter and thereby lead to their sale and circulation.No advertisement in respect of medicines and treatments shall be accepted which is in contravention of the code relating to standards of advertising medicines and treatments as per Annexure II. Note I :In all other respect, the Director General will be guided for purposes of commercial broadcasting in All India Radio by Code of Ethics for Advertising in India as modified from time to time ( relevant excerpts appended at Annexure-I).
Note II : Notwithstanding anything contained herein, this code is subject to such modification/ directions as may be made / issued by the Director General from time to time.
Note III : All advertising agencies shall adhere to the standards of practice as prescribed by Advertising Agencies Association of India, Bombay, as given in
PROCEDURE FOR THE ENFORCEMENT OF THE CODE: Complaints or reports on contraventions of the code, received by All India Radio may in the first instant be referred by Director General to Advertiser?s Association concerned with request for suitable action.If complaints under the Code cannot be satisfactorily resolved at Association-(s)?s level, they shall be reported to Director General who will than consider suitable action.For ant Complaints under the Code received by All India Radio concerning a party outside the preview of various member Association(s), the Director General will draw attention of such party to the complaint and where necessary, take suitable action on his own.