New Delhi: In response to a recent Supreme Court directive mandating advertisers and ad agencies to submit “self-declaration certificates” (SDCs) before publishing or broadcasting ads, the Ministry of Information and Broadcasting (MIB) has scheduled a crucial meeting with key industry bodies. This meeting, set for June 11, aims to address the implementation challenges and processes associated with the new directive.
Meeting Details and Attendees
The meeting will be chaired by MIB Secretary Sanjay Jaju and will see participation from the secretaries of the ministries of Health, Ayush, and Consumer Affairs. Industry representation will be robust, including members from the Indian Newspaper Society, Indian Broadcasting and Digital Foundation, Indian Society of Advertisers (ISA), Advertising Standards Council of India, Internet and Mobile Association of India, Association of Radio Operators of India, Digital News Publishers of India (DNPA), Confederation of Indian Industry, and the Federation of Indian Chambers of Commerce and Industry. Tech giants Google and Meta are also expected to attend. All bodies have been instructed to send their senior-most representatives to ensure high-level discussions.
Background and Supreme Court Directive
Earlier this week, the Supreme Court issued a directive requiring advertisers to provide proof of uploading the SDC to the relevant broadcaster, printer, publisher, or electronic media platform for record-keeping. The directive stipulates that no advertisement will be permitted on television, print media, or the internet without a valid Self-Declaration Certificate.
The SDC, which must be signed by an authorized representative of the advertiser or advertising agency, will need to be submitted through specific portals activated on June 4, 2024. Advertisers and agencies must obtain this certificate for all new advertisements to be issued or aired starting June 18, 2024. A two-week buffer period has been provided to allow stakeholders to familiarize themselves with the self-certification process. Current ongoing advertisements are exempt from this requirement.
Industry Concerns and Support
The ISA and DNPA have reportedly expressed concerns about the practicality of implementing the SDC requirement due to the high volume of ads issued daily. They have sought counsel on how to manage this new mandate effectively.
Manisha Kapoor, CEO and Secretary General of the Advertising Standards Council of India (ASCI), acknowledged the challenges posed by the new directive. She emphasized that ASCI’s Advertising Advice service could assist advertisers in complying with the ASCI Code, a key component of the Advertising Code under the Cable TV Network (Regulation) Act. This support aims to help advertisers be more confident in their self-declarations, which are now mandatory for print, TV, and internet ads.
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In a press statement, the MIB highlighted the significance of the Supreme Court’s directive, describing it as a step towards ensuring transparency, consumer protection, and responsible advertising practices. The Ministry urged all advertisers, broadcasters, and publishers to adhere to the directive diligently.
Navneet Kumar Sehgal, the new Chairman of Prasar Bharati, commented on the broader vision for media and sports broadcasting. He stated, “Our motto is to provide free sports events globally and maintain high production quality. We aim to make sports accessible to all, fostering greater interest worldwide.” Sehgal also mentioned ongoing collaborations with various sports bodies, including the Rugby Association and the Yoga League, to enhance their platform’s vibrancy and reach.
As the advertising industry prepares to navigate these new regulatory waters, the upcoming meeting on June 11 will be a pivotal moment for addressing the concerns and logistical hurdles of implementing the Supreme Court’s directive. Advertisers and agencies are encouraged to use the buffer period to become well-versed with the new requirements to avoid any disruptions in their campaigns.
