:: commercial Code ::
Code for AIR Commercial

                               

GENERAL RULES OF CONDUCT IN ADVERTISING:


1.         Advertising shall be so designed as to confirm to the laws of the country and should not offend against morality, decency and religious susceptibilities of the people.

2.         No advertisement shall be permitted which:-

 

i)                    derides any race, caste, color, creed and nationality;

 

ii)                  is against any of the directive principles, or any other provision of the Constitution of India.

 

iii)                tends to incite people  to crime, cause disorder or violence, or breach of law or glorifies violence or obscenity in any way;

 

iv)                presents criminality as desirable;

 

v)                  adversely affects friendly relations with foreign States;

 

vi)                exploits the national emblem, or any part of the constitution or the person or personality of a national leader or State Dignitary;

 

vii)              relates to or promotes cigarettes and tobacco products, liquor, wines and other intoxicants;

 

3.         No advertisements message shall in any way be presented as News.

 

4.         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 any relation to any industrial dispute.

 

“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).

 

5.         Advertisements for services concerned with the following shall not be accepted:-

 

i)                    Money lenders;

 

ii)                  Chit funds;

 

iii)                Saving schemes and lotteries other than those conducted by Central and State Government Organisations, Nationalised or recognized banks and Public Sector Undertakings;

 

iv)                Unlicenced employment services;

 

v)                  Fortune tellers or sooth-sayers etc. and those with claims of hypnotism;

 

vi)                Foreign goods and foreign banks.

 

vii)              Betting tips and guide books etc. relating to horse-racing or the other games of chance.

 

6.         The items advertised shall not suffer from any defect or deficiency as mentioned in Consumer Protection Act 1986.

 

7.         No advertisement shall contain references 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.

 

8.         No advertisement shall contain the words ‘Guarantee’ or ‘Guaranteed’ etc., unless the full terms of the guarantee are available for inspection by the Directorate General, All India Radio, and 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 to any guarantee which purports to take away or diminish the legal rights of a purchaser.

 

9.         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 satisfaction. In case of goods covered by mandatory quality control orders, the advertiser shall produce quality certificate from the institutions recognized by the Government for this purpose.

 

10.       Advertisements shall not contain disparaging of derogatory references to another product or service.

 

11.       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.

 

12.       No advertisement of any kind of juwellery (except artificial jewellery) or precious stones shall be accepted.

 

13.       Information to consumers on matters of weight, quality or prices of products, where given, shall be accurate.

 

14.       Advertisements indicating price comparisons or reductions must comply with relevant laws.

 

15.       No advertisement shall be accepted which violates AIR Broadcast Code which is reproduced below:-

 

GENERAL AIR CODE

 

Air broadcast does not permit:-

 

1.                  Criticism of friendly countries.

 

2.                  Attack on any religion or community.

 

3.                  Anything obscene or defamatory;

 

4.                  Incitement to violence or anything against maintenance of law and order;

 

5.                  Anything amounting to contempt of court;

 

6.                  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.”

 

7.         Anything affecting the integrity of the Nation and criticism by name of any person.                      

 

16.       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:

 

            Rapid gunfire or rifle shots;

 

            Sirens;

 

            Bombardments;

 

            Screams;

 

            Raucous laughter and the like.

 

17.       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 bas given permission for the simulation and it is clearly understood that stations broadcasting such announcements are indemnified by the advertiser or advertising agency against any possible legal action.

 

            ADVERTISING AND CHILDREN

 

18.       No 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 organization.

 

19.       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.

 

20.       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.

 

21.       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.

 

22.       Advertising shall be truthful, avoid distorting facts and misleading the public by means of implications by false statements, as to :

 

I.                   the character of the merchandise, i.e. its utility, materials, ingredients, origin etc.

 

II.                the price of the merchandise, its value, its suitability or terms of purchase.

 

III.             the services accompanying purchase, including delivery, exchange, return, repair, upkeep etc.

 

IV.             personal recommendations of the article or service.

 

V.                the quality or the value of competing goods or trustworthiness of statement made by others.

 

23.       Testimonials of any kind from experts etc. other than Government recognized standardization agencies shall not be permitted.

 

24.       No advertisement shall be permitted to contain any claim so exaggerated as to lead inevitably to disappointment in the minds of the public.

 

25.       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:

 

i)                    the imitation of the trademark of the name of competition or packaging or labeling of goods: or

 

ii)                  the imitation of advertising devices, copy, layout or slogans.

 

26.       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.

 

27.       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 purposed 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 Annexure III.  

 

 

 

 

 

                                                                            

 

GENERAL RULES OF CONDUCT IN ADVERTISING:

 

 

1.         Advertising shall be so designed as to confirm to the laws of the country and should not offend against morality, decency and religious susceptibilities of the people.

 

2.         No advertisement shall be permitted which:-

 

i)                    derides any race, caste, color, creed and nationality;

 

ii)                  is against any of the directive principles, or any other provision of the Constitution of India.

 

iii)                tends to incite people  to crime, cause disorder or violence, or breach of law or glorifies violence or obscenity in any way;

 

iv)                presents criminality as desirable;

 

v)                  adversely affects friendly relations with foreign States;

 

vi)                exploits the national emblem, or any part of the constitution or the person or personality of a national leader or State Dignitary;

 

vii)              relates to or promotes cigarettes and tobacco products, liquor, wines and other intoxicants;

 

3.         No advertisements message shall in any way be presented as News.

 

4.         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 any relation to any industrial dispute.

 

“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).

 

5.         Advertisements for services concerned with the following shall not be accepted:-

 

i)                    Money lenders;

 

ii)                  Chit funds;

 

iii)                Saving schemes and lotteries other than those conducted by Central and State Government Organisations, Nationalised or recognized banks and Public Sector Undertakings;

 

iv)                Unlicenced employment services;

 

v)                  Fortune tellers or sooth-sayers etc. and those with claims of hypnotism;

 

vi)                Foreign goods and foreign banks.

 

vii)              Betting tips and guide books etc. relating to horse-racing or the other games of chance.

 

6.         The items advertised shall not suffer from any defect or deficiency as mentioned in Consumer Protection Act 1986.

 

7.         No advertisement shall contain references 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.

 

8.         No advertisement shall contain the words ‘Guarantee’ or ‘Guaranteed’ etc., unless the full terms of the guarantee are available for inspection by the Directorate General, All India Radio, and 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 to any guarantee which purports to take away or diminish the legal rights of a purchaser.

 

9.         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 satisfaction. In case of goods covered by mandatory quality control orders, the advertiser shall produce quality certificate from the institutions recognized by the Government for this purpose.

 

10.       Advertisements shall not contain disparaging of derogatory references to another product or service.

 

11.       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.

 

12.       No advertisement of any kind of juwellery (except artificial jewellery) or precious stones shall be accepted.

 

13.       Information to consumers on matters of weight, quality or prices of products, where given, shall be accurate.

 

14.       Advertisements indicating price comparisons or reductions must comply with relevant laws.

 

15.       No advertisement shall be accepted which violates AIR Broadcast Code which is reproduced below:-

 

GENERAL AIR CODE

 

Air broadcast does not permit:-

 

1.                  Criticism of friendly countries.

 

2.                  Attack on any religion or community.

 

3.                  Anything obscene or defamatory;

 

4.                  Incitement to violence or anything against maintenance of law and order;

 

5.                  Anything amounting to contempt of court;

 

6.                  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.”

 

7.         Anything affecting the integrity of the Nation and criticism by name of any person.                      

 

16.       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:

 

            Rapid gunfire or rifle shots;

 

            Sirens;

 

            Bombardments;

 

            Screams;

 

            Raucous laughter and the like.

 

17.       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 bas given permission for the simulation and it is clearly understood that stations broadcasting such announcements are indemnified by the advertiser or advertising agency against any possible legal action.

 

            ADVERTISING AND CHILDREN

 

18.       No 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 organization.

 

19.       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.

 

20.       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.

 

21.       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.

 

22.       Advertising shall be truthful, avoid distorting facts and misleading the public by means of implications by false statements, as to :

 

I.                   the character of the merchandise, i.e. its utility, materials, ingredients, origin etc.

 

II.                the price of the merchandise, its value, its suitability or terms of purchase.

 

III.             the services accompanying purchase, including delivery, exchange, return, repair, upkeep etc.

 

IV.             personal recommendations of the article or service.

 

V.                the quality or the value of competing goods or trustworthiness of statement made by others.

 

23.       Testimonials of any kind from experts etc. other than Government recognized standardization agencies shall not be permitted.

 

24.       No advertisement shall be permitted to contain any claim so exaggerated as to lead inevitably to disappointment in the minds of the public.

 

25.       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:

 

i)                    the imitation of the trademark of the name of competition or packaging or labeling of goods: or

 

ii)                  the imitation of advertising devices, copy, layout or slogans.

 

26.       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.

 

27.       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 purposed 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 Annexure III.