With increased incidences of trade wars between business rivals through commercial advertising in print and electronic media, there is an apparent need to identify the threshold at which the publication of a certain advertisement becomes defamatory or disparaging to another’s product. The Apex Court has declared that the publication of commercial advertisements forms a part of ‘commercial speech’ protected under Article 19(1)(a) of the Constitution.[1]

Pragya Jain
Associate in the Dispute Resolution Practice at the Noida office of Cyril Amarchand Mangaldas. She advises on commercial disputes, general civil litigation, arbitration and occasionally white-collar crimes. She can be reached at pragya.jain@cyrilshroff.com