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Advertising and Marketing laws in Mumbai follow the guidelines set out by the Advertising Standards Council of India (ASCI), along with laws specified under the Consumer Protection Act, 2019, and the Cable Television Network Rules, 1994. Along with federal laws, Mumbai also imposes strict regulations and ethical guidelines to protect consumers from misleading advertising and to ensure fair competition among businesses. The digital advertising sector is regulated under the Information Technology Act, 2000.
The legal landscape of advertising and marketing is complex and dynamic. Businesses may require legal advice to navigate compliance with various regulations, draft and review contracts, and handle disputes or claims of false or misleading advertisements. An informed legal perspective can help prevent potential violations and associated penalties.
The most relevant local regulations are the Mumbai Municipal Corporation Act 1888 and the Maharashtra Shops and Establishment Act 2017, varied in aspects related to advertisements, promotional displays, and signage. From the ethical standpoint, advertisers must align their activities with the ASCI Code for Self-Regulation in Advertising, ensuring that all messages are truthful, fair, and within the bounds of public decency.
You can advertise any legal product or service in Mumbai, but it must comply with ethical guidelines, product-specific advertising standards, and not be misleading or offensive to public decency.
If your advertisement is deemed misleading, you may be subject to legal action or fines. It is recommended to seek the advice of a lawyer to understand your best course of action.
Yes, digital advertising is primarily governed by the Information Technology Act, 2000, and certain guidelines issued by the ASCI relating specifically to digital and online advertising.
The Maharashtra Shops and Establishment Act 2017, as well as the Mumbai Municipal Corporation Act 1888, provide guidance on outdoor advertisements, promotional displays, and signage.
You can file a complaint with the ASCI or a defamation suit depending upon the nature of false claims. It is, however, recommended to consult with a lawyer to understand the best way forward.
The main sources of information and complaint redressal for advertising in India are the Advertising Standards Council of India, Consumer Education and Research Centre, and the regulatory authorities like the Competition Commission of India and the Telecom Regulatory Authority of India.
If you need legal assistance in advertising and marketing, you should consult a lawyer specialized in the field. They can help you understand the regulations relevant to your situation, advice on compliance, and represent you in any legal proceedings.
