Outdoor advertising through billboards, hoardings, banners, and pamphlets is a common method used by businesses and political parties to reach a wide audience. However, these forms of advertising are subject to various laws, rules, and regulations to ensure public safety, maintain aesthetic standards, and prevent misleading or unethical content. The regulation of such advertisements is governed by central laws, state laws, and municipal by-laws, making compliance a multi-level process.
1. Municipal Laws and Local Body Regulations
The most direct control over billboards and hoardings lies with municipal corporations and urban local bodies. They regulate outdoor advertisements through local advertising policies and licensing systems. Anyone who wants to erect a hoarding or billboard must obtain prior permission or a license from the local municipal authority. Municipal by-laws specify where advertisements can be placed (e.g., not near schools or religious places), their size, lighting standards, and structural safety. Unauthorized hoardings are subject to removal, and the advertiser may face fines or legal action. For example, the Municipal Corporation of Delhi (MCD) and Brihanmumbai Municipal Corporation (BMC) have detailed guidelines on outdoor advertisements. These include restrictions near traffic signals to avoid distraction and mandates against offensive or vulgar content.
2. The Cigarettes and Other Tobacco Products Act (COTPA), 2003
Under Section 5 of COTPA, advertisements of tobacco products through billboards, hoardings, wall paintings, and pamphlets are strictly prohibited. The law bans both direct and indirect advertisement in any form that promotes tobacco use. Any billboard or pamphlet promoting tobacco is illegal, and violators may face fines and imprisonment. Displaying tobacco ads near schools (within 100 yards) is especially penalized.
3. The Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954
This Act prohibits advertisements of drugs and remedies that claim to cure serious diseases like cancer, diabetes, or sexual disorders. Pamphlets, banners, and posters advertising such unverified remedies are illegal.
Violations can lead to:
Imprisonment up to 6 months to 1 year
Fines
Seizure of printed material
This law is especially relevant in rural and semi-urban areas where such pamphlets are often circulated with false claims.
4. The Emblems and Names (Prevention of Improper Use) Act, 1950
This Act prohibits the use of national emblems, names of government offices, and other protected symbols in advertisements. Using such names or images on billboards or pamphlets for commercial purposes is punishable by law.
5. Advertising Standards Council of India (ASCI) Guidelines
Though ASCI is a self-regulatory body, its code applies to all forms of advertising, including outdoor media like hoardings and pamphlets.
ASCI guidelines prohibit:
Misleading claims
Indecent or offensive content
Promotion of harmful practices
While ASCI does not have legal authority, its rulings are respected and often followed voluntarily by advertisers.
6. The Environment (Protection) Act, 1986 and Noise/Light Pollution Rules
In some cases, illuminated billboards may fall under environmental regulations if they cause light pollution or obstruct natural views or public spaces.
Conclusion
The regulation of billboards, hoardings, and pamphlets in India involves a combination of municipal by-laws, central legislation, and self-regulatory codes. Advertisers must comply with these laws to avoid penalties and ensure ethical communication. These rules are crucial not only for maintaining public order and safety but also for protecting consumers from deceptive and harmful advertisements.