The Advertising Standards Council of India, a voluntary self-regulatory body, has been exercising powers over the advertisements aired on television for a considerable amount of time. Only recently, has ASCI been vested with “powers” by the Central Government for advertisements in certain priority sectors such as food, health, education, housing, financial services and e-commerce. ASCI has been adjudicating complaints and passing strictures against violators according to the code drafted by it.
These complaints can be filed by any person, including the general public. There appear to be infirmities in the delegation of power to such a private body and there also exist broader and far reaching questions as to the power of a private body to adjudicate and regulate the fundamental rights guaranteed under the Constitution.
Lakshmikumaran & Sridharan (L&S), in its endeavor to keep all its clients updated, is organizing a conference call to discuss the above issues.
Mr. Amrinder Singh