Regulatory

India

General principles and some specific rules are given in the ‘Cable Television Network Rules, 1994’ and no programme is allowed to carry advertisements exceeding 10 minutes per hour in addition to two minutes per hour of a channels self-promotional programmes. For a full understanding of the regulatory issues, reference should also be made to ‘the laws of the country’, the Constitution of India, the Consumer Protection Act, 1986 and also the standards of practice for advertising agencies as approved by the Advertising Agencies Association of India, based in Mumbai.

Advertisements which do not comply with these rules or which offend morality, decency and religious susceptibilities of subscribers will not be allowed. Religion, race, caste, colour, creed, nationality, women and children are all protected. Social evils such as dowry or child marriage must not be exploited. Care must be taken not to incite people to crime, cause disorder or violence, breach the law or glorify violence or obscenity in any way. Criminality must not be presented as desirable. The national emblem, any part of the Constitution, or the person or personality of a national leader or a State dignitary must not be exploited. Advertisements wholly or mainly of a religious or political nature are explicitly disallowed.

Regulations such as those relating to motoring advertising are relevant across several general categories: ‘Advertisements have a significant influence on people’s behaviour. As such, advertisers are encouraged to depict advertisements in a manner which promotes safe practices. No portrayal of violating traffic rules must be made. Safe practices such as the wearing of helmets and fastening of seatbelts and not using mobiles/cell phones when driving should be depicted.’ Claims relating to special, miraculous or super-natural properties or qualities that would be difficult to prove must not be included in advertising. Indecent, vulgar, suggestive, repulsive or offensive themes or treatment shall be avoided in all advertisements. In addition, the picture and the audible matter of the advertisement shall not be excessively ‘loud’.

Advertisements which promote the production, sale or consumption of the following products are explicitly forbidden:

  • Cigarettes, tobacco products
  • Wine, alcohol, liquor or other intoxicants
  • Infant milk substitutes, feeding bottle or infant food

 

Advertising minutes per hour 12 minutes including 2 minutes of programme promos.
Advertising revenue restrictions No limitations.
Tobacco Prohibited
Alcohol Prohibited
Contraception Not mentioned explicitly.
Food and Beverage All nutritional claims in food and beverage advertisements need to be substantiated scientifically. Unless a food product has been nutritionally designed as a meal replacement, it should not be portrayed as such. The most explicit guidelines relate to food and beverage advertising targeting children (see below).
Children Any 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. Advertising to children should portray accurately the products in a way that is in keeping with their ability to understand. Ads for food should not show or encourage over-consumption. Parental guidance
in ensuring proper food choices for children should not be undermined. Visual representation of foods and beverages should be true to fact. Care needs to be taken in the advertising of food and beverages to children under 13 especially ones containing relatively high levels of fat, sugar and salt. Ads should not encourage pester power nor imply duty or obligation.
Women No advertisement will be allowed which in its depiction of women violates the constitutional guarantees to all citizens.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;
Product Placement All advertisement should be clearly distinguishable from the programme and should not in any manner interfere with the programme such as the use of lower part of screen to carry captions, static or moving alongside the programme.

For reference only