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What is the relationship between Freedom of Speech and Expression and the Right to Advertisement?

Advertising intersects with the right to freedom of speech, protected under Article 19(1)(a) of the Indian Constitution. Courts have ruled that commercial speech is fundamental, yet regulations must ensure ethical standards, consumer protection, and balanced freedoms.

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Introduction

Advertising plays a crucial role in marketing, significantly influencing the revenue generated from shares and profits. However, marketing strategies often rely on exaggeration or misinformation to promote businesses, which can mislead consumers and, in some cases, cause harm. For instance, insurance companies might overpromise returns they cannot deliver, or health drink ads may set unrealistic expectations about child growth. Additionally, certain products like cigarettes, which pose health risks, should ideally not be advertised at all. While this highlights the need for stringent regulation of advertising, it also raises concerns about balancing such control with the Constitutional guarantee of freedom of speech, as advertising is a form of communication. 

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Harish Khan
Written by Harish Khan

This is Harish Khan, Enrolled as an Advocate with the Bar Council of Delhi. Currently, working as Legal Manager at Blackbull Law House. Pursued B.B.A. LL.B (Hons) Specialised in Business Laws from Hi

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