Reliance Jio, the newest entrant in the telecom space and Paytm, the leading mobile payments platform – both have apologized for the “inadvertent mistake” of using Prime Minister Narendra Modi’s photograph in their advertisements without prior permission, said the government.

In a reply to Rajya Sabha, Minister of State for Consumer Affairs C R Chaudhary said:

Clarifications were sought by the Department of Consumer Affairs from Paytm and Reliance Jio wherein they have apologised for their inadvertent mistake.

Paytm had issued advertisements on 9th November, featuring PM Narendra Modi’s photograph. The ad was intended to welcome the demonetization move from the government. In the same ad, the company urged the public to now start using its digital wallet service as opposed to cash — which was in scarcity during initial days of demonetization.

On the other hand, Reliance Jio came out with print advertisements and television campaigns featuring Prime Minister’s photograph just after its commercial launch in September last year. The advertisements led to public interest litigation and political debate.

Thus, the Ministry of Consumer Affairs had served notices to both of these companies under the Emblems and Names (Prevention of Improper Use) Act of 1950, which bars the use of Prime Minister’s name and picture for commercial use.

The Section 3 of the Act states that no person shall use or continue to use any name or emblem for the purpose of any trade, business, calling or profession without the previous permission of the central government. It also provides that “any person who contravenes the provisions of Section 3 shall be punishable with fine, which may exceed to Rs. 500”.

Also, the Information and Broadcasting Ministry has issued an advisory to print medium to check-up the permission from competent authority before issuing any advertisement wherein the emblem and names specified under the Act are mentioned.

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