New Delhi: In a landmark decision set to transform the advertising landscape, the Advertising Standards Council of India (ASCI) has announced a significant directive from the Supreme Court, mandating the submission of a Self-Declaration Certificate before the broadcast or publication of any advertisement. This new rule, effective from June 18, 2024, applies to all advertisers and advertising agencies across India.
Key Requirements for Advertisers
Starting June 18, 2024, every advertiser must submit a self-declaration certificate signed by an authorized representative prior to publishing or broadcasting any advertisement. This applies to advertisements on television, in print, and on digital platforms. The certificate must be submitted through designated portals:
- Broadcast Seva Portal for television advertisements (website: Broadcast Seva Portal)
- Press Council of India (PCI) Portal for print and digital media advertisements (website: Press Council of India)
The self-declaration certificate must attest that the advertisement adheres to all relevant regulatory guidelines, including Rule 7 of the Cable Television Networks Rules, 1994, and the Norms of Journalistic Conduct issued by the PCI. The certificate must confirm that the advertisement does not contain any misleading claims.
Responsibilities of Broadcasters and Publishers
Broadcasters and publishers are required to ensure compliance with this new directive. They must verify that advertisers have submitted the necessary self-declaration certificate before airing or publishing any advertisement. Failure to do so may result in violations of the Supreme Court directive, with potential legal consequences.
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Verification and Compliance
The authenticity of the self-declaration certificates can be verified through the Broadcast Seva Portal or the PCI Portal. Broadcasters, publishers, and media platforms must keep proof of submission for their records.
This mandate applies to a broad range of media:
- Private satellite TV channels
- Newspapers registered under the Press & Registration of Periodicals Act, 2023
- Digital media publishers of news and current affairs content
- Online curated content platforms (OTT platforms)
Implementation Timeline and Buffer Period
To facilitate a smooth transition, a two-week buffer period will be provided. During this time, ongoing advertisements will not require self-certification, allowing stakeholders to adjust to the new process.
The portals for submission will be activated on June 4, 2024, giving advertisers and agencies time to familiarize themselves with the new system before the mandatory compliance date.
This new directive underscores the commitment of the ASCI and the Supreme Court to uphold transparency and accountability in advertising. By ensuring that all advertisements are truthful and comply with regulatory standards, this move aims to protect consumers from misleading information and promote ethical advertising practices in India.
For further details and updates, advertisers are encouraged to visit the respective portals and stay informed about compliance requirements to avoid any disruptions in their advertising activities.
