High Court notice on petition challenging ASCI’s powers

Chandigarh | Thursday | 14th November, 2019

Summary:

MISLEADING ADSTribune News ServiceChandigarh, November 13The Punjab and Haryana High Court issued a notice on a petition filed by a Chandigarh-based company and another petitioner challenging the Advertising Standard Council of India’s (ASCI) powers to regulate misleading advertisements. The issue before the High Court is whether a private body like the ASCI could regulate fundamental rights and that too by code drafted by it. Elaborating, counsel for a petitioner-company Amrinder Singh (L&S Attorneys) argued that commercial speech or advertisement was covered under the freedom of speech and expression and could be regulated only by ‘law’. Referring to a press release on the ASCI’s website, Amrinder Singh submitted the body was appointed by the Department of Consumer Affairs (DCA) as the “executive arm to curb misleading advertisements”. Amrinder Singh added the power was delegated through a memorandum of understanding between the ASCI and the DCA, which was illegal..