Wednesday, 18 May 2016

Lifetime of a Law


Lifetime   of  a  Law

Over the past few months , NDA government has repealed ( or about to repeal ) , some 1,000 + laws , some of which are 50 / 60 years old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 litigations 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 theatre 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 "

I am sure when he meets Shri Modiji , Apple CEO , Tim Cook will repeat this

Let us hope the new version of Consumer Protection Act , lasts 5 years !

-------------------------------------------------------------------------------------


18  May  2016


 


hemen  parekh


Marol , Mumbai , India


( M ) +91 - 98,67,55,08,08


No comments:

Post a Comment