Open Access Research Article
RIGHT TO ADVERTISMENT AS PART OF FREEDOM OF SPEECH AND EXPRESSION
Published Paper
Article Details
RIGHT TO ADVERTISMENT AS PART OF FREEDOM
OF SPEECH AND EXPRESSION
AUTHORED BY - SINDHUJA DHAYANANTHAN
ABSTRACT
Advertisement is an act of attracting
public’s attention for the business, products or services by the media. It
gives visual representation of the product which draws the consumer to purchase
the goods, which make the whole process more than just a mere Commercial
transaction. Since, it’s a visual representation, the influence and impact on
general publics is much higher. The current position that Commercial Speech
holds comes after a lot of deliberations. Due to the presence of multiple
Legislations which restricts and at times even puts bans on advertisement, the Rights
of the Advertiser is often violated. It is unfair that a product, which is not
even restricted in the market, has restrictions on advertising it. This paper
tries to understand the past as well as the present position of Commercial Speech
as a part of Freedom of Speech and Expression. Even though the advertising standard
council of India is a self-regulatory body which regulates the advertisement in
India, the other restrictions on the advertisement as per the several other Legislations
make it complicated. This paper argues that such multiple restrictions are not
necessarily required with the help of the tobacco advertisement restrictions in
India. It will do so by mainly focusing on the standard of restricting
advertisements, and the ethical aspect that comes with it.
Keywords- Commercial
Speech, Legislation, self-regulatory, tobacco and violation.
HYPOTHESIS
Due to multiple intervention of Legislation
in regulating advertisement there Freedom of Speech and Expression is violated.
RESEARCH
QUESTION
·
Is restriction over the advertisement is infringing
the Freedom of Speech and Expression?
·
Whether ASCI is fulfilling their duties by balancing Advertiser’s
Right and protection of public from exploitation?
Ø Preeti Shaw, advertising industries VS Freedom of Speech: navigating the
slippery slopes of developing jurisprudence, 1, 2021.
In this paper the author
says about how advertisement is used for exploitation of the public by unfair
means and at the same time as its being part of media how it’s protected under
the Constitution. It also discuss about the statue and regulating body that
rules advertising industry and sometimes the rules are enforced indiscriminately
and arbitrarily whereby the Constitutional Right is sometimes violated and also
questioned about the need for new Legislation for balancing public interest and
Freedom of Speech.
The paper discussed about
the lack of single Legislation to maintain the advertisement lead to the clash
of Freedom of Expression but its forget to focus on the main problem from the
side of the ASCI which is not doing any pre-approved or pre censorship of
advertisement which is getting released and falling into controversy’s. This
also fail to express that how the Advertiser fail to get is Freedom of Speech
and Expression because it created controversy among certain people belief.[1]
Ø Arunima Bose, Commercial Speech, 2022
It discuss about the Commercial
Speech is a part of the Freedom Of Speech and Expression guaranteed under Article
19(1) (a) of the Constitution as competitive advertisements are permissible and
its three cardinal principle which are prima facie case, irreparable loss and
injury and balance of convenience.
The Article didn’t exactly
drawn a clear line between the comparative advertising and defaming each other
which was much needed. It didn’t pointed out the fact that due to the lack of
single Legislation there is confusion because of involving multiple Legislation.[2]
Ø Sanette Nel, Freedom of Commercial Speech: evaluating ban on advertising
of legal product as tobacco, volume 37, 2004
Here the Author mentions
that although restriction on the Commercial Speech are acceptable, they should
be undertaken in such manner that consumer still have access to information
which will make them informed decision whereas doing that act and spreading
awareness by saying that the author mentions that rather than banning the
tobacco advertisement it’s better to have Freedom Speech of Expression by telecasting
tobacco advertisement and the author also mentions than that anti-smoking campaign
and education program will be more effective rather than full ban of the
advertisement.
Even though here the author mentions the
banning of the advertisement is for one part of the society and the other
people is blocked by it and its against Freedom of Speech and Expression but promoting
the tobacco by allowing telecasting the advertisement and having awareness program
idea itself is contracting to each other which government can do. It didn’t
point out that banning tobacco product will reduce the consumers rather than
banning tobacco advertisement[3].
Ø Akhil Deo & JoshitaPai, COMMERCIAL SPEECH: A VARIANT OR a STEP-CHILD
OF FREE SPEECH, pg no: 3, 2014, Volume2.1.
The paper deals with the
Doctrine which determine the criteria for qualifying a Speech as Commercial
Speech and the development of the doctrine. Also mentioned about why and how
the Commercial Speech is protected.
The Author failed to
concentrate on the various Legislation which have restriction over the Commercial
Speech other than the court precedents. Also, failed to explain in detail about
why the Commercial Speech is not considered same as the other form of Speech
and Expression only because of the money agenda[4].
Ø Madhavi Goradia Divan, Facets of Media Law, 369-380.
The author of the book
mentioned about Statutory Regulation of advertisements and Legislation which is
restricting the advertisement and also mentioned the history of how commercial
came under the ambit of Freedom of Speech and Expression after its status being
rejected because of the economic interest from the advertisement.
The Author didn’t discuss
how the statutory restriction is against The Freedom of Speech and Expression
and also didn’t point out certain sections which is restricting the Advertisement.
The author fails to bring out the part how the Advertiser’s Right is getting
violated due to this Legislations[5].
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SR.NO
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TOPIC
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PAGE NO.
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1.
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Table of authority
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5
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2.
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Introduction
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6
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3.
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Freedom of Speech and Expression for advertisement
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7-9
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4.
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Statutory restriction on advertisement
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10-12
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5.
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Advertising Standard Council of India (ASCI)
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13-14
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6.
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Conclusion
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15
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7.
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Bibliography
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16
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TABLE OF CONTENT
TABLE OF CASES
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S.NO
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Case name
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Citation
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1
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ICIC Bank V. Municipal Corpn. Of Greater
Bombay
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(2005) 6 SCC 404 AIR 2005 SC 3315
|
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2
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Tata Press Ltd. V. Mahanagar Telephone
Nigram Ltd
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1995 AIR 2438, 1995 SCC (5) 139
|
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3
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Cent. Hudson Gas & Elec. Corp V.
Pub. Serv. Commn’n
|
447 U.S. 557 (1980)
|
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4
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Hamdard Dawakhana V. Union Of India
|
AIR 1960 SC 554: 1960 Cri LJ 735.
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5
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Indian Express Newspaper (Bombay)
(P) Ltd V. Union Of India
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(1985) 01 SCC 641 : AIR 1986 SC 515
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6
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Sakal (P) Limited V. Union Of India
|
AIR 1960 SC 305: (1962) 3 SCR 842.
|
|
7
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Bennett Coleman & Co. V. Union Of India
|
1973 AIR 106, 1973 SCR (2) 757
|
INTRODUCTION
Advertising is one of the most appealing
ways to get the attention of the consumer and especially if it is visual it
leaves a better impact on the people. It is the place where the manufacturer
can show their products or service most attractively and creatively to cover
the consumers, at the same time where the people who see The Advertisement may
get offended or like any concept. There are instances where the Advertisement
of a certain product got more famous than the actual product and later hyped
the sale of the product simultaneously there are instances where a product is
boycotted due to its advertisement created the controversy.
[6]An advertisement is a matter that
draws attention of the public or a segment of the public to a product, service,
person, organization or line of that product, service, person, organization or
line of conduct intended to promote sale, or use of a product, or range of
products. An advertisement contains information that the producer provides
about its products or services. An advertisement tries to get consumers to buy
a product or a service. An advertisement is generally of goods and services and
is formation intended for potential customers and not a mere display of the
name of the company unless the same happens to be a trade mark or trade name.
Advertisements make consumer well
informed about the type of product exist in the market its better way for
people to know the market and product then buying and learning. Even an
uneducated person can know from Advertisement telecasted in the television that
certain shampoo will get rid of dandruff by its visual representation. There
are many kind of advertising method in the market to promote the product
puffery technique which many times faced backlashes because it exaggerated the
product and when it comes to testimonial the celebrity who comes in
advertisement also entitle up to a point because the sales will based on their
words. Free gifts, discount and contests technique where something is given as
compliment to promote the sale.
Advertisements can’t be considered
mere promotion of products or services, especially in a country like India.
Many advertisements connected their product with emotion to attract people in
buying the product or receiving the services, For example, the mom making
instant noodles for the kid as a reward for her showing the mother love or the
brother gifting chocolate to the sister for Rakshabanadhan like this many. So,
it impacts the people at large at the same time the negative side of it can’t
be avoided. where it went to the extreme of taking down certain advertisements
because it was against some people's beliefs or made people uncomfortable. Freedom
of Speech and Expression is one of the privileged Rights in a democracy. It is
protected by the Constitution concurrently not protected it. In thin on ground,
it's restricted if the form of Expression is unsuitable within the Constitution
set up such a thing as Commercial Speech.
First the question is whether the
advertisement will fall under the ambit of Commercial Speech or not. The court
in the case of Tata Press Ltd. V. Mahanagar Telephone Nigram Ltd[7]. Approved of defining advertisement
as “merely identification and
description, apprising of quality and place. It has no other object than to
draw attention to be sold at accquistation of Article to be sold constitutes
the only inducement to its purchase”[8] this definition of the advertisement
given under this case falls under the Definition of the Commercial Speech,
adopted in the U.S., as Speech which relates to the economic interest of the
speaker and its audience and Speech which proposes a Commercial transaction[9].
The
evolution of protection of Commercial Speech in India under Article 19 (1) (a)
of the Indian Constitution has a faceting trajectory. According to the popular
beliefs, Commercial Speech is treated step motherly under the Article 19. If we
went back to the roots of the law, we can see that Commercial Speech was not guaranteed
protected under Article 19(1) (a)[10].
If we track down the path the Commercial Speech came through for reaching the
current place there is serval ruling which gave the current status and power to
it. Commercial Speech was not protected under the Article 19(1) (a) of the Constitution
until the case of TATA press Ltd v. MTNL[11]
until that advertisement were excluded from the ambit of Freedom of Speech and Expression.
In the case of [12]Hamdard
Dawakhana V. Union Of India the Supreme Court held that although Advertisement
was a form of Speech, it ceased to fall within the category of free Speech when
it have the form of Commercial Speech the motive to promote the business. The
case came into picture because of the challenge to provision of The Drugs and
Magic Remedies (Objectionable Advertisements) Act, 1954 whose object was to
prevent self-medication and advertisements that offend morality and decency.
The reason why Commercial advertising was protected under the Article 19(1) (a)
of Constitution was because the Commercial gain came to picture is flawed.
So, it’s not justifiable
advertisement does not fall under the ambit of Article 19(1) (a) because there
is Commercial gain out of it. In the
case of Indian Express Newspaper (Bombay) (P) Ltd V. UOI[13] the Supreme Court observed on the
conclusion in hamdard Dawakhana, “The Court was principally dealing with the Right
to Advertise prohibited drugs, to prevent self-medication and self-treatment It
was the main issue in the case. It is no doubt true that some of the observations
referred to above go beyond the needs of the case and tend to affect the Right
to publish all Commercial advertisements... we feel that the observations made
in the Hamdard Dawakhana case are too broadly stated and the Government cannot
draw much support from it. We are of the view that all Commercial
advertisements cannot be denied the protection of Article 19(1) (a) of the Constitution
merely because they are issued by businessmen”[14].
In the case of Sakal (P) Limited V. UOI
[15]the court held that the curtailment of
advertisements would be hit by Article 19(1) (a), since it would have a direct
impact on the circulation of newspaper. In Bennett Coleman & Co. V. Union of
India [16]the Supreme Court recognized that
advertisement were an essential factor affecting circulation and any restrain
on advertisements would affect the fundamental Rights of Propagation,
publication and circulation under Article 19(1) (a). After the decision in the [17]Hamdrad Dawkhana case Advertisement
started to rise its head it’s a vital role not shaping public opinion but also
influencing the economy as whole. Currently in every products and service there
are heavy competition and because the market is updating according to people, New
technologies and trend. The Advertisement is making better stage for the competition
to the sellers and which really leave the impact of product on the people
whether it be print media or broadcasting.
In Tata press[18] the Supreme Court recognized the invaluable
role of Advertising in the Economy, Advertising is considered to be the
cornerstone of our Economic System. Low prices for consumers are dependent on
mass production, mass production is dependent upon volume sales, and volume
sales are dependent upon advertising. Apart from the lifeline of the free
economy in a Democratic country, Advertising can be viewed as the life blood of
free media, paying most of the costs and thus making the media widely
available. The newspaper industry obtains 60/80 per cent of its revenue from Advertising.
Advertising pays a large portion of the costs of suppling the public with
newspaper for a democratic press the advertising subsidy is crucial. Without
advertising, the resources available for expenditure on the 'news would
decline, which may lead to an erosion of quality and quantity the cost of the
news to the public would increase thereby restricting is democratic availability.
The court observed in the[19] Tata Press case that Examined from
another angle, the public at large has a Right to receive the 'Commercial Speech.
Article 19(1) (a) not only guarantees Freedom of Speech and Expression, it also
protects the Rights of an individual to listen, read and receive the said Speech.
So far as the economic needs of a citizen are concerned. Their fulfillment has
to be guided by the information disseminated through the advertisements. The
protection of Article 19(1) (a) is available to the speaker as well as to the
recipient of the Speech. The receipt of Commercial Speech may be having much
deeper interest in the Advertisement than the Businessman who is behind the
publication. An advertisement giving information regarding a life-saving drug
may be of much more importance to general public than to the advertiser who may
be having purely a trade consideration.
Advertisement should not only looked
with eyes of aspect which is to promote the business and trade its actually
helping the people to be well informed about the product, who is selling etc. It’s
helping the people to make better choices. More important than the Right of Expression
of the advertisers is Right of the recipient to the information which he receives
from the advertisement[20]. There were advertisements during Covid
19 where hand wash Company asked the consumers to wash hands with their hand
wash or with soaps not specifically only with the advertiser’s Product to
prevent the infection spreading. There is advertisement which says that men
helping household is not privilege for women or great help done by men to the
women it’s his duty. In these kind of
advertisement even though it holds the economic value of the product it still
hold the message which is not compulsorily need to be mentioned in the
advertisement. It’s time for to see the advertisements to see not only in the
sense of economic gain medium lenses because it’s not completely same for every
advertisers. So, the advertisement should be protected properly under the Article
19(1) (a) of the Constitution.
There are many restriction on the Advertisement
by the various Legislation which is making complication for the Advertisers
because there is not any collective law which deals with guidelines of the advertisements
which they can carefully go through and follow at the same time there is
involvement of Advertising Standards Council of India (ASCI). There
are instances where Advertisements are pushed to taken down from televisions
because it hurt the feeling of certain community but some people considered it
as forward thought process when there is controversies is there dilemma that
whether the advertisement is good or bad for the society the Advertisers right
is neglected and taken down without looking into their own interpretation with
they presented the Advertisement. In this way whether really the advertiser are
have having the Right to express under the Article 19 of the Indian Constitution.
It’s like several statutory have provision saying that this should be not there
in the advertisement at the same instant it doesn’t precisely says about the
limitation of violating it maximum time its vague. So, it’s based on the
interpretation of it.
There
are some products and services are banned from advertising those are
·
The Indian Penal Code, 1860 (IPC) makes it a
punishable offence to advertise any obscene publication or its distribution,
sale, hire or circulation The IPC also makes it an offence to publish
advertisements relating to any lottery which is not a State lottery or which is
not authorised by the State Government[21].
·
Firearms, weapons and ammunition advertisements
related to such products are banned under Arms Act, 1959.
·
Human organs are banned from advertising to prevent
from Commercial dealing of the human organs under e Transplantation of Human
Organs Act, 1994.
·
Advertisement of is banned Infant milk food to
encourage the natural feeding
·
The Bar Council of India Rules formulated under the
Advocates Act, 1961 prohibit advertisement by Indian advocates and their firms.
These rules were enacted and enforced to curb the false advertisement of
lawyers to gain publicity to attract clients[22].
·
Medical services are restricted upto only show name of
the institution, type of patients admitted, type of training and other
facilities offered and the fees.
·
The Cable Television Network Rules, 1994, the
Advertising Codes of Doordarshan and the All India Radio, and Norms for
Journalist Conduct issued by the Press Council of India prohibit any
advertisement directly or indirectly promoting the production, sale, or
consumption of cigarettes, tobacco products, wine, liquor, or other
intoxicants. Cigarettes and other tobacco products banned from advertising
under Tobacco Prohibition Act. However, some states allow advertising through
billboards, signboards, and such media, but subject to many restrictions. Also,
the ASCI Code prohibits use of minors for advertising alcohol products[23].
·
The Drugs and Magical Remedies (Objectionable
Advertisements) Act, 1954 prohibits advertisement of magical remedies of
diseases and disorder.
·
The Young Persons (Harmful Publications) Act, 1956
makes a punishable offtence to advertise harmful publication a harmful
publication is a publication portraying the commission of offences, acts of
violence, or cruelty, or incidents of a repulsive or horrible nature, in such
manner as would tend to corrupt a young person[24].
·
The Indecent Representation of Women (prohibition) act
1986 prohibits the publication of advertisement contain indecent representation
of women[25].
·
The Drugs and Cosmetics Act, 1940 [26]makes
it an offence to use any report of a test or analysis made by the central drugs
laboratory or by a government analyst for the purpose of advertising any drug
or Cosmetic.
·
The Prize Competition Act, 1955 [27]prohibits
the publication or distribution of advertisements of prize competitions where
the prize or prizes offered exceeds I000 in any month. The Prize Chits and
Money Circulation Schemes (Banning) Act, 1978 prohibits the printing or
publication to advertisements to a prize chit or a money circulation scheme.
·
There are also some restriction on political
advertising under Representation of the People (Amendment) Act, 1996[28].
·
Under Consumer Protection Act and Monopolies and Restrictive
Trade Practices Act, 1969 there are restriction for comparative advertising,
free gifts promotion, Deceptive, Misleading, or False Advertising.
Other than this also there are many statutory provision
for regulating advertisements. There are several regulatory agencies for
advertisement those are Indian Broadcasting Foundation and Broadcasting Content
Complaints Council (BCCC), ASCI and
ASCI’s Consumer Complaints Council (ASCI's CCC), Telecom Regulatory Authority
of India (TRAI), News Broadcasters Association (NBA) and News Broadcasting
Standards Authority, Director General of All India Radio & Doordarshan,
National
Consumer Dispute Redressal Commission, Food Safety and Standards Authority
of India (FSSAI), Central Drugs Standard Control Organization (CDSCO).
Due to the
absence of uniform advertising regulation or regulation agency it is
troublesome for the consumer to raise complaint because there are many
regulatory agencies and statutory. Considering consumer as layman who get benefit
from the advertisement it’s impossible to expect them to be well educated so
they can’t be expected to find proper statutory or regulatory agencies to raise
complaint. Due to multiple restriction from regulatory bodies and laws there
are chance for Overlapping jurisdiction of authorities on issues relating to
advertisement[29].
When it comes to law which
prohibiting the advertisement which is to protect consumers from misleading
information its good for the consumers. But instances like banning the
advertisement of tobacco products but allowing them to sell is really
misleading because if its taking the defense of it will impact on people
especially children, then selling and showing the tobacco products in movies
with disclaimer also should be banned because even though its showed with disclaimer
still it’s kind of promotion. Especially the young generation may get
influenced more by cinema rather than the Advertisement. The same comes to
indecent representation of women which is not being more specific abbot what
and all fall under that category due to that anyone can misunderstand any
advertisement involving women and file case under that it, sometimes the
mistake is not only on the advertiser sometime it’s on the consumers too for
wrongly interpreting it and getting offended, the most unacceptable aspect of
this is when the consumer uses their own imagination on the Advertisement and
understanding as something else and filing case. When the prime aim of the
advertisement is to attract the consumer and sell product not every time it
will be made with mind of creating controversies among people. The consumers
also should act slowly and steadily by properly understanding fact before
raising complain. Due to this multiple legislation and vague provision consumers
are sometime filing case or creating issue without properly looking into Advertisement
that lead to many problems from the Advertiser side too.
“Consumers are always Right maybe
apply to the demand of the goods in products but not always in deciding what
the Advertiser try to say in the Advertisement”. In these problem the Freedom
of Speech and Expression to Expression of the advertisers are totally take away
by many regulating bodies and even after they are showcasing Advertisement
sometimes its takedown due to the complaints of the consumer. These regulations
which are not uniform and mostly are not specific is banning the advertisements
based on certain public opinion is really infringing the Right to Freedom of Speech
and Expression of the advertiser’s especially when the consumer i.e., public
act unintelligible and file complaints its really Injustice to the Advertisers.
ADVERTISING STANDARDS COUNCIL OF INDIA (ASCI)
ASCI is self-regulatory body which is
voluntary established in 1985 to promote responsible Advertising and to
enhance public confidence in Advertisements. It was established by the Non Statutory
tribunal for introducing the advertising ethics in India. The ASCI judges the advertisements based upon its Code
of Advertising Practice, also known as the ASCI code. This Code applies to
advertisements read, heard or viewed in India even if they originate or are
published abroad so long as they are directed to consumers in India or are
exposed to a significant number of consumers in India[30].
The Council’s objectives are:
·
To ensure the truthfulness and honesty of
representations and claims made by advertisements
·
To ensure that advertisements are not offensive to
generally accepted standards of public decency
·
To safeguard against the indiscriminate use of
advertising for the promotion of products regarded as hazardous to society or
to individuals.
·
To ensure that advertisements observe fairness in
competition so as to inform the consumer on choices in the marketplace while
observing the canons of generally accepted competitive behavior in business.
ASCI consists of a Board of Governors
and a Consumer Complaints Council. The Board of Governors comprises four
members from each of the four sections connected with the advertising industry
who are Advertisers, Advertising Agencies, Media (owners of press, television,
radio etc.) and Related sectors (e.g.
outdoor agencies, PR, market researchers, ad producers, business schools)[31].
According to the survey, it was found
out that among the sectors as mentioned above, 31% believed that the ASCI
framework is ok and enough to act and check upon the advertisements. They
believed that very limited instances where the ASCI had failed to perform
adequately. 13% believed that the ASCI framework is adequate but needs some
reforms so as to be more effective. While shockingly a 56% believed the
framework to be inadequate and ineffective. They said that there is not enough
knowledge among the stakeholders regarding the regulatory mechanism and process
of complaint making. They also indicated that there are ads which making false
claims, and there is no medical research to substantiate the claim. The message
is not conveyed in the Right spirit, and the present framework is not
addressing this[32].
The aim of the ASCI is serve both the
consumer as well as the advertisers. The complaint will be raised by the
consumer if they feel the advertisement is in bad taste or if the claim is
false. In recent years ASCI addressed many problems related to misleading advertisement
even involving big companies for instance when Airtel claimed its fastest
network and JIO filed complain about it held that it has ambiguity and asked to
take it down. But the problem lies on the advertisement which is made offensive
to public interest. Here the interpretation of public is major problem even
though if the advertiser didn’t mean in the certain in that way if public
understand in that way it should be taken down.
In the matter of protecting consumer from misleading advertisement and
unethical competitive advertisements it’s protecting both consumer on other
player in the market. In the case of advertisements against public interest it’s
leaned towards the public then the advertiser As a council for providing
justice it should also look into the Advertiser side “Not always the majority
is right” public interest should be taken into consideration but it doesn’t
mean that not always public side is correct. . So, here exactly the ASCI is
losing its balance between public and advertisers.
Advertisements Rights are not
protected completely under the Right of Freedom of Speech and Expression
because there are many restriction over the advertisements several regulator
bodies and statutory provision and there is lack of single regulatory body. The
power to regulate the advertisement is in the hands of authority such as
central, state governments, tribunals, regulatory bodies such as ASCI, Press
Council etc. the current status which advertisement holding was after several
case to even hold the position that it can be protected under the Freedom of Speech
and Expression being Commercial Speech.
Even though Freedom of Speech and Expression
doesn’t hold absolute Rights advertisement being Commercial Speech is treated
as step child of the free Speech. There is need for one regulatory body
collectively for the regulation of advertisements that will protect the
advertiser’s from several accusation from misunderstanding and will lay easy
path for the consumer to approach and file compliant rather than getting
confused about going with court, regulatory bodies or tribunal. The system of
preview of an advertisement should be there with council to check whether the
information provided by them is true or not or how it will be understood by the
layman will help in the reduce in the number of cases regarding the
advertisement when it’s broadcasted. The law should be added to properly
protect the Rights of advertiser’s too.
Books
·
Facets of media law by madhavi Goradia Divan.
Websites
·
https://blog.ipleaders.in/laws-governing-advertisement-india/
·
https://www.globaljurix.com/our-publications/advertising-and-marketing-law-india.pdf
·
https://www.legalbites.in/topics/Articles/Commercial-Speech-and-Article-19-351565
·
http://docs.manupatra.in/newsline/Articles/Upload/63D1F65A-AEB2-4F4A-B849-FADE67B56A6B.1-a__Constitution.pdf
·
https://www.ijlpa.com/_files/ugd/006c7e_cf6e0c14712e4bd78c51b379984e7ffc.pdf?index=true
·
https://www.mondaq.com/india/advertising-marketing-branding/192384/advertising-law-in-india--part-1
[1] https://www.ijlpa.com/_files/ugd/006c7e_cf6e0c14712e4bd78c51b379984e7ffc.pdf?index=true
[2]
https://www.scconline.com/blog/post/tag/commercial-Speech/
[3] sanette nel, Freedom of Commercial
Speech: evaluating the Ban on Advertising of Legal products such as tobacco, 37
jstor (2004).
[4] Akhil Deo & joshita pai,
COMMERCIAL SPEECH: A VARIANT OR A STEP-CHILD OF FREE SPEECH, 2.1 manputra
(2014).
[5] madhavi goradia divan, statutory regulation of
advertisement, in facets of media law (2 ed. 2017).
[7]
1995 AIR 2438, 1995 SCC (5) 139
[8] 1995 AIR 2438, 1995 SCC (5) 139
[9] Cent. Hudson Gas & Elec. Corp
V. Pub. Serv. Commn’n 447 u.s. 557 (1980.
[10] Geethika ES, “Commercial Speech
and Article 19” (Legal BitesOctober 12, 2022)
<https://www.legalbites.in/topics/Articles/commercial-Speech-and-Article-19-351565>
accessed February 5, 2023
[15] AIR 1960 SC 305: (1962) 3 SCR 842.
[16] Bennett Coleman & Co. v. Union
of India 1973 AIR 106, 1973 SCR (2) 757
[18] Tata Press Ltd. V. Mahanagar
telepjone Nigram Ltd 1995 AIR 2438,
1995 SCC (5) 139
[22]Hemant
Goya “India: Advertising and Marketing Advertising Law”,( global jurix),
https://www.globaljurix.com/our-publications/advertising-and-marketing-law-india.pdf
accessed February 5, 2023.
[23] Hemant Goya “India: Advertising
and Marketing Advertising Law”,( global jurix),
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Article Information
RIGHT TO ADVERTISMENT AS PART OF FREEDOM OF SPEECH AND EXPRESSION
Authors: SINDHUJA DHAYANANTHAN
- Journal IJLRA
- ISSN 2582-6433
- Published 2023/12/13
- Issue 7
About Journal
International Journal for Legal Research and Analysis
- Abbreviation IJLRA
- ISSN 2582-6433
- Access Open Access
- License CC 4.0
All research articles published in International Journal for Legal Research and Analysis are open access and available to read, download and share, subject to proper citation of the original work.
Disclaimer: The opinions expressed in this publication are those of the authors and do not necessarily reflect the views of International Journal for Legal Research and Analysis.