With a view to curb the ever increasing instances of advertisements promoting unlawful activities, the Central Consumer Protection Authority(“CCPA”) has issued an Advisory under the purview of Consumer Protection Act, 2019. The Advisory emphasizes the prohibition of advertising, promotion, and endorsement of unlawful activities prohibited under various laws. Notably, the Advisory highlights that, the Guidelines for Prevention of Misleading Advertisements and Endorsements for Misleading Advertisements, 2022 (“Guidelines”) explicitly forbid the advertisement of products or services prohibited by any prevailing law.
It is reiterated that the Guidelines apply to all advertisements, irrespective of the medium used and warns celebrities and influencers that any engagement in the promotion or advertisement of online gambling and betting, given its unlawful status, renders one equally liable for participating in an illegal activity. Violation of these Guidelines will result in stringent measures as per the Consumer Protection Act, 2019, affecting manufacturers, advertisers, publishers, intermediaries, social media platforms, celebrities, influencers, endorsers, and other relevant stakeholders.
Earlier, the Ministry of Information and Broadcasting (“MIB”) issued advisories cautioning against the promotion of betting and gambling platforms by media platforms and online intermediaries.
Copies of Advisories issued by CCPA and MIB is attached herewith for your ease of reference.
Source: Central Consumer Protection Authority
