India’s advertising regulations are disjointed and disparate. Companies looking to play safe may find that self-regulation is the best route to compliance. Ish Bali of Coca-Cola India explains
The legal and regulatory framework for advertising is critical in shaping a vibrant and healthy communications environment for brand owners and consumers alike. In India, however, the laws and regulations that govern advertising are disparate and all too often confusing.
That said, advertising is afforded a high level of legal protection under Indian law. Several judicial pronouncements have held that advertisements are a form of commercial speech, which is protected under the fundamental right to freedom of speech and expression, guaranteed by article 19(1)(a) of the Indian constitution. Furthermore, the right to practise any profession, or carry on any occupation, trade or business is protected under article 19(1)(g) of the constitution.
Strong precedents
Time and again courts have upheld the principle that freedom of speech and expression includes the right of the public to receive information, including commercial speech.
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Ish Bali is director, legal, at Coca-Cola India. He is in the process of publishing a practical handbook and reference guide on advertising and marketing laws in India, which is being produced with the assistance of the Law Offices of Nandan Kamath.
