ISLAMABAD, Feb 26: The Competition Commission of Pakistan prepared a draft ‘Deceptive Marketing Guidelines’ for telecom companies, guiding them to comply in sales, marketing, advertising, and communication across all mediums, online and Point of Sale (POS).

“The telcos have been advised to bear in mind the legal implications that may arise out of certain practices dealing with distribution of false information and other forms of deception,” the spokesman of CCP said, adding that the draft guidelines was part of CCP’s efforts to protect consumers from anti-competitive behaviour and promote voluntary compliance of the law.

The Deceptive Marketing Guidelines is focused in respect to Section 10 of Competition Act, 2010, for the telecommunication products and services by the companies in Pakistan.

It is meant to serve as a guidance in areas where the companies could breach laws regarding deceptive marketing including disclaimer and qualifications, importance of substantiation of claims, essential terms and conditions, omissions, puffery, price disclosure, comparative advertising, promotional contents and, telemarketing.

The Draft Guidelines present the approach taken by the Commission in its decisions regarding deceptive marketing practices and the approach that it may take towards certain marketing practices by telecommunication service providers.

The Draft Guidelines have been shared with the Pakistan Telecommunication Authority and all telecom companies, and has also been uploaded on the Commission’s website for soliciting feedback and suggestions from stakeholders.

“Effort has been made in the Guidelines to provide guidance for the companies to avoid actions that may amount to violating section 10 and other provisions of the Competition Act,” the spokesman of the Commission said.

However, the CCP has said that the Guidelines are not exhaustive and the approach of the Commission shall depend upon the particular facts and circumstances of each particular case.

“As it is not possible to predict future behaviour of the telecom companies, the CCP will not, in any way, be restricted to look into matters that have not been mentioned in these Guidelines,” the officials of he commission said, adding, “The principles contained in the Guidelines will be applied and further developed and refined from time to time in individual cases.”

The Draft Guidelines have been prepared in light of best international practices after reviewing several documents and guidelines published by jurisdictions namely, the USA, UK, Australia, Canada and Hong Kong, and draw knowledge and experience from jurisdictions that have similar provisions as those of Competition Act.