In The Court Of Opinion: Examining The Legality Of Disparagement And Comparison In Indian Advertising
- IJLLR Journal
- Aug 4
- 1 min read
Shreya Agrawal, Symbiosis Law School, Pune
ABSTRACT
In today’s competitive market, advertising plays a pivotal role in shaping consumer perception and brand identity. While comparative advertising is legally permissible under Indian law, it often borders on disparagement, raising complex questions around fairness, freedom of speech, and market ethics. This paper delves into the legal contours distinguishing legitimate comparison from unlawful disparagement within Indian advertising jurisprudence. It examines the evolution of judicial interpretation, statutory frameworks under the Trademarks Act and the Consumer Protection Act, and key case laws that have shaped the current regulatory environment. Through a critical analysis of landmark judgments and regulatory interventions, the study underscores the delicate balance courts must maintain between promoting healthy competition and preventing reputational harm. The paper concludes by reflecting on the need for clearer legal standards and self-regulatory guidelines to ensure that advertising remains truthful, non-misleading, and respectful of competing brands.
Keywords: Comparative Advertising, Disparagement, Indian Advertising Law, Consumer Protection Act, Freedom of Expression, Market Competition.
