Exclusive: Companies Broke Rules to Use PM Modi's Photo but Faced No Penalty

No company took permission to use PM Modi's photo in ads. None of them faced penalties, despite breaking rules.

Companies have been using PM Modi's photo for ads, without permission.

(Vibhushita Singh/The Quint)

In his Independence Day address from the Red Fort on 15 August, 2025, Prime Minister Narendra Modi announced a set of upcoming “next-generation” Goods and Services Tax (GST) reforms. Soon after, the GST Council met on September 3 to finalise the measures, and a wave of advertisements appeared in newspapers, many carrying the Prime Minister’s photograph, thanking him for the reforms.

The move has reignited the debate over the use of the Prime Minister’s image in commercial advertisements by private entities - a controversy reminiscent of 2017, when firms Paytm and Reliance Jio featured Modi’s photograph in their full-page ads following demonetisation.  At that time, the Department of Consumer Affairs had sought clarifications from the two companies, which later apologised for what they called an inadvertent mistake.

An RTI filed by this reporter has now revealed new insights into the continued use of the Prime Minister’s image in private commercial promotions.

What the Rules Say

Under Section 3 of The Emblems and Names (Prevention of Improper Use) Act, 1950, no person is allowed to use any name or emblem listed in the Schedule for business, trade, or professional purposes without prior permission from the Central Government. Entry 11 of the Schedule specifically prohibits the use of the name or photograph of the Prime Minister of India, along with those of Chhatrapati Shivaji Maharaj, Mahatma Gandhi, Jawaharlal Nehru, and Indira Gandhi, in any commercial material. The only exception is for calendars that mention only the manufacturer’s or printer’s name and are not used to advertise goods.

Despite these clear legal restrictions, several organisations — from pharmaceutical companies and soft drink brands to infrastructure and home appliance firms — have recently used the Prime Minister’s photograph in their advertisements without obtaining any prior approval.

Govt's Contradictory Responses

When we sought information on such violations, the Department of Consumer Affairs, in response to an RTI dated 1st October 2025, stated that no notice has been issued regarding the use of the Prime Minister’s photograph without prior approval for the period between 1 January 2016 and 14 September 2025.

This response contradicts the Ministry’s earlier position in a March 2017 Rajya Sabha reply to MP Kapil Sibal, in which it said the Department of Consumer Affairs had sought clarifications from Paytm and Reliance Jio for similar advertisements and that both companies had apologised for their “inadvertent mistake.” It means that, though no formal notices were issued, clarifications were sought from the companies.

Further, the Ministry replied to the RTI that — “If any complaint is received in Department of Consumer Affairs, it is forwarded to concerned State prior the view that the act of the organisation is violation of provisions of the Emblems and Names (Prevention of Improper Use) Act, 1950, they sought previous sanction for prosecution. However, it is intimated that as per available record since April 2022 to till date, ten (10) Grievances/complaints has been received for use of the Prime Minister photo and all have been forwarded”. The Ministry had no record available for the period from 1 January 2016 to March 2022, a time when the Paytm and Reliance Jio advertisements were published.

The Rajya Sabha reply to Kapil Sibal’s question also mentioned that, based on a request from the Department of Consumer Affairs, the Ministry of Information and Broadcasting (MIB) had issued an advisory to the print media, asking them to ensure that advertisers obtain prior permission before publishing any material using emblems or names listed under the 1950 Act.

No One Took Permission, Reveals RTI

On 23 February 2017, the Press Registrar of India once again issued an advisory reminding newspapers to comply with the provisions of The Emblems and Names (Prevention of Improper Use) Act, 1950. It mentions that — “Since an unauthorized use of the names or emblems has the potential to invite objections/legal action, it is requested that all publications should adhere to the provision of the act ibid and should check-up the permission/authority from Competent Authority before issuing any advertisement wherein the Emblem and Names specified under the Act are mentioned.”

But in reply to the RTI, where I had sought information about the copies of applications or letters submitted to the department seeking prior permission to use the Prime Minister’s photo in advertisements, the Ministry replied that - “No such Prior permission was/has been sought to use the prime minister photo in the advertisement”. Therefore,  it is clear that the recent newspaper adverts published with the photo of the PM without any permission.

Private companies releasing ads to thank the government for GST reforms was one thing. But this time, newspapers themselves published advertisements inviting readers to place ads wishing Prime Minister Modi on his 75th birthday. As per the Finance express report, Over 220 advertisers took out print ads to wish PM Modi on his 75th birthday. Many of these ads carry the PM Photo.  For the Reply of the RTI, it is clearer that all these advertisements were published without any permission from the ministry. 

When such a number of the advertisements were published without the permission, it is obvious that the question of the punishment arises. In Point 5 of the RTI, I sought information about the - Information on penalties imposed on individuals or companies for violations of the above Act. In reply to that, the Ministry replied that - “No such record is maintained in the Department of Consumer Affairs as only prosecution sanction has been issued by or Department of Consumer Affairs and other legal action can forbe initiated in a court of law at State level by State the Government. The person accused of the contravention is prosecuted for the offense and if found guilty, the person is punishable with a fine, which may extend to five hundred rupees”. The Ministry did not provide any information on the punitive steps against the violator of the law. 

The RTI findings lay bare a striking gap between the law and its enforcement. Despite repeated advisories, clear legal prohibitions, and past controversies, private entities continue to use the Prime Minister’s image in commercial advertisements without facing any consequences. The absence of records on permissions or penalties highlights an institutional reluctance to act against such violations. What emerges is a pattern — where the Prime Minister’s photograph, a symbol of state authority, is routinely used for private gain, while the very ministries responsible for upholding the law look the other way.