Press Council of India’s Guidelines on Misleading Advertisements: Ensuring Ethical Journalism

Every time you open a newspaper, you encounter a mix of news, opinion, and advertisements – sometimes so seamlessly blended that it is hard to tell which is which. This blurring of lines is not just a design problem; it is an ethical and legal one. The Press Council of India (PCI) was established precisely to prevent such confusion and to ensure that print journalism serves the public interest – not commercial interests dressed up as editorial content. When it comes to misleading advertisements in the press, the PCI’s Norms of Journalistic Conduct remain one of the most direct regulatory instruments in Indian media law.

What is the Press Council of India? 🔗

The Press Council of India is a statutory, quasi-judicial body constituted under the Press Council Act, 1978. Its dual mandate is to preserve the freedom of the press and to maintain and improve the standards of newspapers and news agencies in India. Under Section 13(b) of the Press Council Act, 1978, the Council is specifically empowered to build a code of conduct for newspapers, news agencies, and journalists. Over the years, the PCI has translated this mandate into a comprehensive set of guidelines known as the Norms of Journalistic Conduct.

The Council is composed of 28 members – 20 from the press, 5 from both Houses of Parliament, and 3 individuals with expertise in education, science, law, literature, and culture. By convention, the Chairperson of the PCI is a retired judge of the Supreme Court of India, which underlines the body’s quasi-judicial character. The current chairperson is Justice Ranjana Prakash Desai.

The Norms of Journalistic Conduct: the ethical backbone 🔗

The PCI’s Norms of Journalistic Conduct lay down the ethical framework within which Indian newspapers and journalists are expected to operate. The fundamental objective, as stated in the Norms, is to serve the people with news, views, comments and information on matters of public interest in a fair, accurate, unbiased, sober and decent manner. The Norms are not merely aspirational – they carry regulatory weight and form the basis on which the PCI adjudicates complaints against publications.

In the context of advertisements, the Norms are particularly specific and actionable. They address several key concerns: the distinction between advertisements and editorial content, prohibited categories of products, protection of public morality and religious sentiments, and the financial transparency of publications. Understanding each of these areas is essential to appreciating how the PCI safeguards consumers from misleading advertising in the press.

Key advertisement-related guidelines under the PCI norms 🔗

Advertisements must be clearly distinguishable from editorial content 🔗

One of the most important rules under the PCI Norms is that journalistic propriety demands that advertisements must be clearly distinguishable from editorial matters carried in the newspaper. This rule directly targets a common deceptive practice – publishing paid content that looks like a news article or an editorial opinion. When readers cannot tell an advertisement from a news report, they may trust the advertised content as objective journalism. The PCI’s rule on editorial-advertisement distinction protects readers from being misled in this way, placing the responsibility squarely on the newspaper’s editorial desk.

Prohibition on promoting harmful products 🔗

The PCI Norms categorically prohibit any advertisement – direct or indirect – that promotes the production, sale or consumption of cigarettes, tobacco products, wine, beer, liquor, and other intoxicants. This prohibition aligns with the broader legal framework in India, including the Cable Television Network Rules, which similarly restrict such advertisements across broadcast media. The rule also applies to surrogate advertising – a practice where a brand promotes a product under a restricted category (like alcohol) by ostensibly advertising a different, permissible product under the same brand name.

The PCI Norms go further: newspapers are prohibited from printing advertisements that harm or injure the religious sentiments of any community. Advertisements that offend the provisions of the Drugs and Magical Remedies (Objectionable Advertisements) Act, 1954 must also be rejected. This means a newspaper has an active duty to vet the advertisements it publishes – it cannot simply disclaim responsibility for content placed by advertisers.

Prohibition on obscene or lewd advertising 🔗

The Norms prohibit newspapers from displaying vulgar or lewd advertisements, particularly those depicting women in a nude or lewd manner. Newspapers are also barred from publishing anything obscene, vulgar, or offensive to the general public’s sense of decency. These guidelines work in conjunction with the Indecent Representation of Women (Prohibition) Act, 1986, reinforcing that the press cannot use harmful imagery to sell products regardless of commercial pressure.

Financial transparency in publishing advertisements 🔗

A provision that often goes unnoticed but is significant from a consumer protection standpoint: newspapers are required to specify the amount received by them while publishing advertisements. The rationale behind this rule is that advertisements should be charged at standard rates. Payment of amounts significantly above normal rates would effectively amount to a financial subsidy to the publication – which could compromise editorial independence. This requirement is rooted in protecting both readers and journalistic integrity simultaneously.

Restrictions on using public figures and fake news framing 🔗

Newspapers are prohibited from printing advertisements designed to appear as news stories, particularly those misusing the names or images of the President and Prime Minister of India. This directly addresses a manipulative advertising technique where paid content is formatted to look like news coverage – complete with bylines, journalistic tone, and prominent placement – creating a false sense of credibility. The PCI’s prohibition is an important check against such deceptive framing.

Editorial responsibility: the press as a gatekeeper 🔗

A critical aspect of the PCI’s approach to misleading advertisements is the emphasis on editorial responsibility. Unlike some regulatory frameworks that place the burden entirely on advertisers, the PCI Norms hold newspapers themselves accountable for what they publish. Newspapers are directed not to publish any advertisement containing anything that is unlawful, illegal, contrary to good taste, or contrary to journalistic ethics. This means every advertisement accepted for publication must pass through an editorial filter – one that evaluates legal compliance, ethical standards, and potential harm to readers.

This editorial gatekeeping role is what distinguishes print media regulation under the PCI from purely commercial self-regulation. It transforms the newspaper from a passive channel for advertising into an active participant in consumer protection.

The PCI portal and the self-declaration mechanism (2024) 🔗

The PCI’s role in regulating misleading advertisements has gained fresh relevance following a landmark Supreme Court order. In the case of Indian Medical Association & Anr. v. Union of India & Ors. (Writ Petition Civil No. 645/2022), the Supreme Court, vide its order dated May 7, 2024, directed all advertisers and advertising agencies to submit a Self-Declaration Certificate before publishing or broadcasting any advertisement.

In response, the Ministry of Information and Broadcasting (MIB) designated two separate portals for submitting these declarations: the Broadcast Seva Portal for television and radio advertisements, and the PCI Portal for print and digital/internet advertisements. The PCI Portal went live on June 4, 2024, and the mandate became operative from June 18, 2024 for all new advertisements.

The self-declaration certificate requires advertisers to confirm two things: that the advertisement contains no misleading claims, and that it complies with all relevant regulatory guidelines – including the Norms of Journalistic Conduct of the Press Council of India. Proof of uploading the certificate must also be provided to the relevant printer or publisher for their records. This development formally integrates the PCI’s Norms into the broader national advertising compliance architecture.

The backdrop to this order was the Patanjali Ayurved case, where the company was found to have published advertisements making unsubstantiated health claims – including claims of curing COVID-19 – while disparaging modern medicine. The Supreme Court eventually ordered Patanjali to publish a public apology for defying court orders. The resulting self-declaration system, which now runs through the PCI portal, extends accountability to the entire advertising ecosystem – not just one company.

How PCI norms compare with the broader regulatory landscape 🔗

The PCI’s Norms of Journalistic Conduct do not operate in isolation. They form one layer in a multi-tiered regulatory framework for advertising in India. The Consumer Protection Act, 2019 and the Guidelines for Prevention of Misleading Advertisements and Endorsements, 2022 issued by the Central Consumer Protection Authority (CCPA) lay down the statutory definition of misleading advertisements and establish penalties – up to ₹10 lakh for a first offence and up to ₹50 lakh for subsequent violations. The Advertising Standards Council of India (ASCI), a voluntary self-regulatory body established in 1985, provides an additional layer of self-regulation through its Code for Self-Regulation in Advertising.

What distinguishes the PCI’s approach from these frameworks is its focus on the press specifically and its placement of editorial responsibility at the centre. Courts in India, when adjudicating disputes over misleading advertising, routinely rely on advertising codes framed by regulatory bodies such as the Press Council of India and the ASCI. This gives the PCI’s Norms a significance that goes beyond internal press regulation – they actively inform judicial reasoning in consumer protection cases.

Limitations of the PCI framework 🔗

Despite its importance, the PCI framework has some well-documented limitations. The PCI’s jurisdiction extends only to print publications – it has no authority over digital-only news platforms, television, or radio. As media consumption increasingly shifts online, a significant portion of misleading advertising now occurs in spaces entirely outside the PCI’s reach. Furthermore, the PCI is primarily a recommendatory body when it comes to ethical guidelines – it can censure publications and issue warnings, but it does not have the power to impose financial penalties in the way the CCPA can under the Consumer Protection Act, 2019.

The 2024 self-declaration mechanism partially addresses this gap by integrating PCI Norms compliance into a Supreme Court-mandated process – making adherence to the Norms a legal requirement rather than merely an ethical expectation for advertisements submitted through the PCI portal.

Why this matters for consumers 🔗

For the average newspaper reader, the PCI’s advertisement guidelines translate into concrete protections. They mean that a newspaper cannot legally carry an advertisement for a tobacco brand, cannot blur the boundary between a paid promotion and a genuine news report, and cannot carry content that targets vulnerable readers through false health claims. The editorial responsibility the PCI places on publishers means that the newspaper you pick up in the morning has – in theory – already filtered out a category of harmful, misleading, and manipulative advertising before it reaches your eyes.

The integration of PCI Norms into the 2024 self-declaration mechanism further means that advertisers cannot claim ignorance of these standards. Compliance is now a prerequisite for publication, not an afterthought.

What do you think? Given that the PCI’s jurisdiction does not extend to digital news platforms – where a large share of advertising now occurs – should India consider establishing a separate statutory body to regulate online press advertising with similar powers? And does placing editorial responsibility on newspapers for vetting advertisements create a meaningful check on misleading content, or does it simply shift liability without changing industry behaviour?

References

1. https://www.presscouncil.nic.in/Norms.aspx
2. https://accountablejournalism.org/ethics-codes/india-press-council-of-india
3. https://indianmediastudies.com/press-council-of-india/
4. https://legalbonanza.com/blog-articles/what-are-the-major-norms-of-journalistic-conduct-formulated/cid5350696.htm
5. https://legaldesire.com/salient-features-of-press-council-of-indias-norms-of-journalistic-conduct-in-india/
6. https://www.pib.gov.in/PressReleaseIframePage.aspx?PRID=2022649
7. https://www.barandbench.com/law-firms/view-point/self-declaration-certificates-advertisements-supreme-court-mib-mandate
8. https://www.lexology.com/library/detail.aspx?g=a0516c12-a2e6-4fbc-ad6b-69a6384fab96
9. https://www.livelaw.in/lawschool/articles/misleading-advertisement-patanjali-case-self-declaration-certificate-celebrities-influencers-consumer-protection-advertising-agencies-261264
10. https://www.pib.gov.in/PressReleasePage.aspx?PRID=1832906
11. https://www.ascionline.in/the-asci-code/
12. https://theadvocatesleague.in/blogs/view/MISLEADING-ADVERTISEMENTS-AND-THE-LAW-IN-INDIA-hSUE3a.html