Healthcare advertisement (promotion) – ethical and legal issues - Applicability of Indian laws - An analysis

Advertising is a form of Communication meant to entice and persuade the audience to buy a product/service offered by the communicator. Advertising has become the important way of reaching the consumers. Consumers are faced with numerous advertisements in everyday life either for product/service in print media, electronic/digital media and so on and so forth. This has become a difficult task for the promoters of the product/service as well the consumers who are in need of product/service. In India presently no central statutory agency or uniform legislature to regulate advertising industry; and advertising market is regulated and controlled by a statutory body such as Advertising Standards Council of India (ASCI), and advertising agencies should comply with all local and national advertisement laws that are prevailing in the country, for the time being in force. Healthcare globalization and with the advent of corporate culture in healthcare, advertisement has taken multidimensional change. In addition to journal laws healthcare advertisement attracts other laws also and liable for civil/criminal prosecution, because it relates to Human beings. This review article made an attempt to study the advertising flaws and the remedial measures with respect to Indian Laws in particular in healthcare sector. Suggestions are made with respect to healthcare laws which are now having their loop holes for the healthcare sector people to come over successfully from the clutches of laws and how to plug them and also some other suggestions that make the healthcare sector more responsible in their promotional campaign.