New Delhi: In a significant regulatory update, the Ministry of Information and Broadcasting (MIB) has issued a new advisory concerning the self-declaration certificate (SDC) mandate. The advisory, which came into effect recently, specifies that only advertisers in the Food and Health sectors will be required to submit an annual self-declaration certificate.
According to the advisory, advertisers or advertising agencies must submit a self-declaration before any advertisement is printed, aired, or displayed. This requirement is aimed at ensuring that all advertisements in these critical sectors comply with applicable Indian laws, rules, and regulations.
“In light of the directions of the Hon’ble Supreme Court of India, and in supersession of previous Advisories dated 03.06.2024 and 05.06.2024, advertisers/advertising agencies issuing advertisements for products and services related to Food and Health sectors are advised to upload an annual self-declaration certificate on the above-mentioned portals, as applicable, and make available the proof of uploading the self-declaration to the concerned media stakeholders, such as TV channels, newspapers, entities involved in publishing advertisements on the internet, etc. for the record,” the advisory states.
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Advertisers must upload the self-declaration on the Broadcast Seva Portal for TV and radio advertisements and on the Press Council of India (PCI) portal for print and internet advertisements. Proof of this upload must be made available to the relevant broadcasters, printers, publishers, or media channels.
The Ministry has also clarified that it is the responsibility of advertisers and advertising agencies to ensure that every advertisement issued adheres to applicable Indian laws, rules, and regulations in both letter and spirit.
Speaking on the new advisory, Manisha Kapoor, CEO and Secretary-General of the Advertising Standards Council of India (ASCI), said, “As per MIB advisory dated 3rd July which supersedes its earlier advisories on the self-declaration certificate requirements, advertisers/advertising agencies issuing advertisements for products and services related to Food and Health sectors are advised to upload an annual self-declaration certificate on the above-mentioned portals, as applicable, and make available the proof of uploading the self-declaration to the concerned media stakeholders, such as TV channels, newspapers, entities involved in publishing advertisements on the internet, etc. for the record. MIB has taken cognisance of the various issues related to the working of the portal, the manner in which digital advertising functions, as well as noting that the court had expressed concern with the food and health sectors primarily.”
Kapoor further emphasized the importance of commitment to honest advertising and compliance with all applicable laws, stating, “Commitment to honest advertising remains paramount and the industry must continue its commitment to being compliant with all applicable laws. Advertising is under increased regulatory scrutiny, and advertisers and agencies should take the required steps to ensure compliance. This is true across sectors.”
The Supreme Court ordered the self-declaration certificate mandate on May 7 amidst a case involving misleading advertisements by Patanjali. On June 3, the MIB complied with the court’s directive, mandating the requirement of self-declaration for all advertisements published on June 18 and beyond.
This new advisory underscores the government’s focus on ensuring transparency and accountability in advertising, particularly in the Food and Health sectors, which have significant implications for public health and safety.
