The downside of putdown: How Indian laws view disparagement in advertising

Comparative advertising is allowed within certain leg­al and ethical boundaries. However, when those comparisons become misleading, malicious, or defamatory, the law steps in

To promote a summer beverage manufactured by his company, yoga guru Ramdev recently alleged in a promotional video that a rival company was engaged in “sharbat jihad” — a loaded phrase suggesting that the proceeds of sales would support a particular religious cause.

 

The statement sparked a row, and Ramdev took down the content after the Delhi High Court issued a sharp rebuke. But the controversy has reignited a longstanding debate around advertising ethics, commercial speech, and what the law defines as disparagement. 

There exists a fine line between disparaging and competitive advertising. The nature of the comparison is where