Misleading fairness cream, sexual performance advertisements could invite stricter punishment
Misleading advertisements that sell the idea of getting fairer, or improving sexual performance, or curing baldness, will now invite stricter punishment, thanks to the amendments that the government is planning in the Drugs and Magic Remedies (Objectionable Advertisements Act, 1954). The Health and Family Welfare Ministry wants to increase both the jail term and fine for these offenses, multiple reports said.
The Act concerns itself with advertisements, especially misleading ones
The Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954, comes down heavily on drugs that claim to encompass magical properties for "curing" or "preventing" ailments in humans and animals. The Act also takes objects that claim to "influence" the structure or function of an organ under its ambit. A first conviction invites jail-term for six months, and a second one, that of one year.
The Act is outdated and rarely evoked
The Act, however, has gained flak for skipping lethal diseases like AIDS. In fact, some 14 diseases, that are now curable, still feature on the list. The dark reality that advertisements pertaining to fairness etc. still dominate the society shows this law is rarely implemented.
Considering changing time, Ministry proposed amendments
In a bid to change the same, the Ministry proposed amendments and widened the umbrella to cover more ailments. Advertisements that talk about fair skin, enhancing sexual performance, treating premature aging, AIDS, greying of hair, stammering, and sterility in women, have been included in the proposed amendments. Improving memory, bettering teeth, upping vision, and "changing" fetal gender by drugs were also included.
Rs. 50L fine, 5 years in jail: What amendments propose
The Ministry said the amendments keep up with changing time and technology. While Section 7 of the Act rewarded a milder punishment to convicts, the amendments aim to increase it. The first conviction will invite a jail term of 2 years or a fine of Rs. 10 lakh. Imprisonment for subsequent conviction will be 5 years or a fine of Rs. 50 lakh.
The amendments changed the definition of advertisement as well
Further, the amendments also tweaked an advertisement's definition as, "Any audio or visual publicity, representation, endorsement or pronouncement made by means of light, sound, smoke, gas, print, electronic media, internet or website and includes any notice, circular, label, wrapper, invoice, banner, poster or such other documents." The draft Bill was released on Monday. The public has 45 days to file suggestions or raise objections.
Industry watchdog has been complaining about these advertisements for long
For months, the Advertising Standards Council of India (ASCI), an industry watchdog, has been raising concerns about misleading advertisements. In its periodical reports, ASCI constantly mentions advertisements that violate the aforementioned Act. These advertisements claim to treat diseases like asthma, cancer, diabetes, ASCI said. The body said it frequently receives complaints from consumers in this regard. However, governments largely turned a deaf ear.
