Over the past few months , NDA government has repealed
( or about to repeal ) , some 1,000 + laws , some of which are 50 / 60 years
old
These were enacted , keeping in mind the Social /
Political / Economic situations prevailing at those times
But things are changing fast , making those laws
obsolete in today's context
Having outlived their utility , these were only used to
harass the public !
Now , Minister for Food and Consumer Matters , Shri
Ramvilas Paswan , is planning to replace the existing Consumer Protection Act
with an improved version
Under this new version , any celebrity promoting any
" sub-standard " product ( through endorsement ), without first
checking out and satisfying himself with the " correctness " of the
benefit claimed by that product , will become liable for ,
* Imprisonment
of up to 5 years
* Fine of up to
Rs 50 lakhs
No doubt , a very noble intent !
But with a potential for endless litigation between ,
Government / Celebrities concerned / Advertisers / Media etc
I have not read the draft bill but the questions going
through my mind are :
# Is there a
Government Notified , " Minimum Standard " to which , each and every
product must conform ? Like Indian
Standards for most engineering products ?
I doubt , very much
I suppose ,
the proposed law will make it mandatory for the products ( package ) to carry conformation
with such a STANDARD , wherever it exists
Eg :
Are there " STANDARDS " for,
* Lipsticks /
Hair Oils / Shampoos / Soaps / Gels / Creams
* Toothpaste /
Diapers / Condoms / Skin Whiteners / Shaving Creams
# Will this new
act also cover " Services " ( besides " Products " ) ?
It would be next to impossible to prescribe rigid
" Standards " for services of Doctors / Lawyers / Engineers / Management
Consultants / Advisors etc
# Does the new
law expect that the endorsing celebrity must have , himself " tried out
" / " Used " , those products and satisfied himself , before
promoting the same ?
Even if it does , is it not possible that what worked
well for Amitabh Bachhan , may not work for me ?
# What about
those " Surrogate " advertisements ? ( remember , conducting Board
Meetings in swimming pool , only to
promote GLASSES ? )
# What about (
once rampant ) " Subliminal " advertisements , which flashed on our
TV screens for a fraction of a second and persuaded us to buy this or that ,
without our even being conscious of having seen that advt ?
# Many years
back , advts appeared only in Newspapers and theater screens and were easy to
monitor
Over the past 50 years , technology has progressively
pushed these advts onto ever smaller screens , like TV / Computer / Tablet /
Smart Phone / smart watch / Google Glass etc
Rest assured , within 5 years , these advts will appear
on your thumb-nail or your eye-ball ( not
counting a hologram in the middle of your bedroom ! )
With arrival of IoT ( Internet of Things ) , you will
not even need to SEE any advertisement , in order to be persuaded !
Advertiser will simply " Persuade " your "
Refrigerator " to order AMUL cheese instead of GO cheese - without your
knowledge and STANDARDS notwithstanding ! Why waste time to persuade you ?
How will anybody manage to monitor these ?
# And finally ,
everything that you See / Smell / Touch / Feel or Taste ( through our 5 senses
) , will get processed by the Advertisers , using BIG DATA software , and
products that you did not even know that you wanted , will get delivered to
your home , by a drone !
Remember what that high priest of technology , Steve
Jobs said while releasing iPad :
" It isn't
the consumers' job to know what they want "
Let us hope the new version of Consumer Protection Act
, lasts 5 years !
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www.hemenparekh.in / blogs
18 May 2016
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