Celebrities can face 5-year jail, fine for misleading ads


New Delhi, Aug 29 (PTI): Celebrities endorsing misleading advertisements can be jailed for up to five years and face a fine of Rs 50 lakh under a new draft law, which will be taken up by a group of ministers tomorrow.

The Centre in August last year had introduced the Consumer Protection Bill 2015, in Lok Sabha, to repeal the 30 -year-old Consumer Protection Act. A Parliamentary Standing Committee submitted its recommendations in April.

After studying the panel's report, the Consumer Affairs Ministry has accepted some key recommendations such as provisions for fixing liability on celebrities and stringent punishment for adulteration, among others.

According to sources, the Department of Consumer Affairs has received comments from other ministries on the draft law.

Almost all the ministries are in agreement on the proposed provision to impose hefty penalty and imprisonment to celebrities endorsing misleading advertisements as well as those involved in adulteration, they added.

A group of ministers, headed by Finance Minister Arun Jaitley, is scheduled to meet tomorrow to discuss the changes proposed by the Consumer Affairs Ministry in the draft law before placing it for the Cabinet approval.

Consumer Affairs Minister Ram Vilas Paswan, Law Minister Ravi Shankar Prasad, Heath Minister J P Nadda, Power Minister Piyush Goyal, Transport Minister Nitin Gakari and Commerce Minister Nirmala Sitharaman are also part of the informal GoM.

According to sources, the ministry has proposed stringent provisions to tackle misleading advertisements as well as to fix liability on endorsers/celebrities.

"For the first time offence, a fine of Rs 10 lakh and jail term of up to two years, while for second and subsequent offenses, a fine of Rs 50 lakh and imprisonment of five years has been proposed for brand ambassadors," a source said.

The ministry has proposed similar penalty and jail term for adulteration, besides license suspension and cancellation.

The ministry has also accepted the panel's recommendation to include 'deficiency in services' in product liability.

It has agreed to provide an enabling provision to make rules to regulate e-commerce and direct selling.

It also seeks to remove overlap of powers of Central Consumer Protection Authority (CCPA) and the Consumer Fora. An investigating wing will be set up at CCPA, while limiting the role of a district collector to support CCPA in investigation.

It has also removed a provision for penalty on consumers for frivolous complaints.

 

  

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Comment on this article

  • akhilesh, Mangalore/Bangalore

    Sat, Sep 03 2016

    @ Mark - really????? Get a job buddy...15 lakhs...read the fineprint of the manifest ..if u can...it says the amount of black money if bought back each person would get back 15 lakhs if dsitributed...listen to the speech properly...

    DisAgree Agree Reply Report Abuse

  • Vincent Rodrigues., Frazer Town,Bangalore

    Tue, Aug 30 2016

    Any advertisement which are misguiding and misleading the public need to be banned completely

    DisAgree Agree [3] Reply Report Abuse

  • Praveen, Mangalore

    Tue, Aug 30 2016

    Then Baba will remain in jail forever.

    DisAgree [2] Agree [4] Reply Report Abuse

  • Prasanna/Bajpe, Bajpe/Manglore

    Tue, Aug 30 2016

    What about Sunny Leon Adds???

    DisAgree Agree [3] Reply Report Abuse

  • Suleman Byari, Udupi

    Tue, Aug 30 2016

    Creating additional opportunities to police and lawyers. They will find loop holes in this section and argue to win the case in favor of mighty.
    Baba Ramdev will go to jail now?

    DisAgree [3] Agree [2] Reply Report Abuse

  • Flavian, Mangaluru/Kuwait

    Tue, Aug 30 2016

    Are Pathanjali products fall under same rule?

    DisAgree [3] Agree [6] Reply Report Abuse

  • Flavian, Mangaluru/Kuwait

    Tue, Aug 30 2016

    Rich will become richer.
    Celebrities have made enough wealth and fortune and still they are greedy.
    There are so many good looking models or people and let them come to the limelight and earn some bucks.
    Simultaneously strict action should be taken on the Ad. Agencies who prepare such misleading theme.

    DisAgree Agree [6] Reply Report Abuse

  • Ravi B Shenava , Mangaluru

    Tue, Aug 30 2016

    Whether Modi comes under the category of Celebrity ?
    Because he is always busy endorsing the products of Babas and Swamis indirectly.

    DisAgree [4] Agree [7] Reply Report Abuse

  • gm, mlur

    Tue, Aug 30 2016

    Should not allow any of the celebrity or sports person to give ads.

    DisAgree [2] Agree [8] Reply Report Abuse

  • PEDDU, MANGALURU

    Tue, Aug 30 2016

    WHEN THE IMPLEMENT THE LAW I AM DAMN SURE THEY KEEP SMALL LOOPHOLE TO ESCAPE !

    LIKE JAYALALI AND SALAMANAA

    DisAgree Agree [4] Reply Report Abuse

  • P. Shirish Kumar, Mangalore

    Tue, Aug 30 2016


    What about publishing in the name of Late Rajeev Gandhi Charitable Trust and grabbed more than 30 acres of land in Haryana without any charities?

    This also wrong advertisement which misleading the society. .

    What about the Channel Authorities who publish these Advertisements?

    What about the Product Manufactures?

    What about the Sensor board Officials who permit these advertisements?

    DisAgree [8] Agree [6] Reply Report Abuse

  • Valerian D'souza, Udupi / Mumbai

    Tue, Aug 30 2016

    Wonderful move.
    Endorsing misleading advertisements is deceiving consumers!
    Misleading ads. are in thousands, clearly cheating! From Dental whiteness, cloths shining, cure from illness, Protection, security, fitness, extra power ETC. mostly all misleading, false claim. Celebrities, knows it is false claims, still endorse just because they get hefty amounts!
    Even election promises should be brought under this.
    HATS OFF TO THIS MOVE!

    DisAgree [1] Agree [6] Reply Report Abuse

  • Ahmed K.C., Mangalore

    Tue, Aug 30 2016

    Baba is misleading people by saying only his products are Desi. Can he be sent for 5 years?

    DisAgree [9] Agree [22] Reply Report Abuse

  • Hamad, Kallapu

    Tue, Aug 30 2016

    Instead of this make laboratory which should come under central Gvt before any products launch...or include company owner also...

    DisAgree [1] Agree [6] Reply Report Abuse

  • Jacob Mendonsa, Bangalore

    Mon, Aug 29 2016

    The same law should be applicable to politicians who inaugurates newly built Fly Overs, Bridges etc., & these Fly Overs & Bridges collapse within no time.

    DisAgree [1] Agree [34] Reply Report Abuse

  • Rajesh D., Manglore, Dubai

    Mon, Aug 29 2016

    Auldias very good question but how they will fight election with out false promises. None of the political party will take such a clean man.
    More you fool people and bring communal disharmony bigger the position you get in the cabinet.

    With regards to celebrities Only a few think about society but most of them are behind money.

    DisAgree Agree [8] Reply Report Abuse

  • SMR, Karkala

    Mon, Aug 29 2016

    Is this law applicable to baba Ramdev Patanjali products,which has not scientifically proved?

    Jai Hind

    DisAgree [6] Agree [32] Reply Report Abuse

  • Tausif, Mysore

    Mon, Aug 29 2016

    First one to go is Baba ji

    DisAgree [7] Agree [27] Reply Report Abuse

  • Praveen, kulshekar

    Mon, Aug 29 2016

    is this applicable to pathanjali products?

    DisAgree [5] Agree [18] Reply Report Abuse

  • Vinit D, Mangalore

    Mon, Aug 29 2016

    Does Hema Malini's misleading ad about a water purifier come in this category?
    The advertisement by XX..., which features Hema Malini, describes one of its purifiers as “Doctor’s 1st choice RO Purifier” and carries the line “sabse shudh paani” (the purest water).
    Will she be jailed for this absurdly false statement. Can any doctor in this forum vouch for this statement by Hema malini?.

    DisAgree [2] Agree [11] Reply Report Abuse

  • Jossey Saldanha, Nashville

    Mon, Aug 29 2016

    What about Politicians ...

    DisAgree [6] Agree [22] Reply Report Abuse

  • Auldius Pais, Mangalore/Mangalore

    Mon, Aug 29 2016

    How about a law for punishing ministers who make misleading statements?

    DisAgree [2] Agree [37] Reply Report Abuse

  • Mark Dcruz, Mangalore/Doha

    Tue, Aug 30 2016

    And wrong commitment of 15lacks from Modi baba.
    This is misleading to our nation waiting for 15 lacks and being unemployed.
    Need CBI probe.

    DisAgree [8] Agree [14] Reply Report Abuse

  • Raju, udupi

    Tue, Aug 30 2016

    Mark,
    Please Mark on "GARIBI HATAVO" in 1970's from Mrs. Indira Gandhi,
    Indira Gandhi,
    Rajeev Gandhi
    Sonia Gandhi
    Rahul Gandhi

    Can i MARK on my calender when these will question??

    DisAgree [4] Agree [8] Reply Report Abuse

  • HENRY MISQUITH, MANAMA

    Mon, Aug 29 2016

    Very good move. People must be stupid to believe whatever celebrities advertise.

    DisAgree [2] Agree [34] Reply Report Abuse


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