Closing the Compensation Gap for Misleading Television Advertisements in India: A Proposed Redress Commission with Apportioned Liability and Provisional Relief

Indian law regulates television advertising through the Cable Television Networks (Regulation) Act, 1995, theConsumer Protection Act, 2019, the Central Consumer Protection Authority (CCPA) Guidelines of 2022, the Drugsand Magic Remedies (Objectionable Advertisements) Act, 1954 and, since 2024, the Supreme Court's selfdeclaration requirement for advertisers. These mechanisms are largely preventive and penal; they do not ensurethat a person injured by a misleading television advertisement receives timely compensation from thoseresponsible. This article proposes a statutory redress model to close that gap. Its distinctive elements are: (i)placing the burden of obtaining broadcast recordings, advertising contracts and endorsement agreements on theadjudicating authority rather than on the complainant; (ii) a rebuttable 50:30:20 default apportionment of liabilityamong advertiser, broadcaster and culpable endorser, combined with joint and several liability towards the injuredperson; and (iii) release of 50 per cent of the award to the injured person as provisional relief, which arespondent's review does not automatically suspend, going beyond the pre-deposit rule in Sections 41 and 51 ofthe 2019 Act. The article examines whether these functions should be entrusted to the existing consumercommissions or to a specialised body, and tests the model against Articles 14, 19(1)(a), 21, 226 and 227 of theConstitution. It is a normative legislative proposal, not an empirical study.