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Essential Ingredients of Commercial Speech

Last updated on May 30, 2024

Article 19(1)(a) protects the rights of the speaker of commercial speech (such as advertisements and informational pamphlets) as well as the rights of an individual to listen, read, and receive it.1 Advertisements and other kinds of commercial speech disseminate information and benefit the public. Any limitation1 of the propagation, publication, and circulation of commercial speech violates the freedom of speech and expression. However, the freedom of commercial speech is subject to reasonable restrictions under Article 19(2). So, advertisements which are deceptive, unfair, misleading, and untruthful can be regulated. To read more about the law on misleading advertisements, read our explainer on Consumer Rights.

Some commercial speech rights are:

  1. Tata Press Ltd. v. Mahanagar Telephone Nigam Ltd., (1995) 5 SCC 139 [↩] [↩]

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