Legislative And Regulatory Framework Of Online Advertising In India

Sreenidhi K.R & Deepshikha, CMR University of Legal Studies

ABSTRACT

The legal and administrative structure that oversees online advertising in India is crucial to the growth of the digital advertising industry. The main legislation in India that controls online advertising is the Information Technology Act, 2000. A self-regulatory organization called the Advertising Standards Council of India (ASCI) is in charge of creating standards for the language used in advertising. The Consumer Protection Act of 2019 outlaws misleading advertising, dishonest business practices, and making false assertions, and it offers compensation to clients whose interests have been wronged. The Competition Act of 2002 regulates anti-competitive corporate practices in the advertising industry. Businesses that are found to be engaging in activity that harms competitive markets may be subject to investigations by the Competition Commission of India (CCI) and penalties. The 2019 Personal Data Protection Bill seeks to implement thorough data protection regulations. Ads for stocks and financial products are subject to regulation by the stocks and Exchange Board of India (SEBI). Platforms like Facebook, Twitter, and Google have put in place ad review processes and advertising rules to protect user trust and curb the spread of harmful material. The enforcement of standards, especially those relating to online platforms and overseas advertising, nevertheless faces challenges. Advertisers have a duty to keep up with constantly changing laws and to maintain compliance in order to avoid fines and protect client interests. In order to handle the changing environment and proactively apply ethical advertising practices, there is a need for further development in India's legal and regulatory framework, notably in the areas of data protection and enforcement.

Keywords: Information Technology Act, 2000 Advertising Standards Council of India (ASCI), Consumer Protection Act, 2019, Deceptive advertising, Unfair business practices, False statements, Competition Act, 2002, Competition Commission of India (CCI)