New Delhi: In a landmark decision aimed at promoting transparency and consumer protection, the Supreme Court has mandated that all advertisers and advertising agencies must submit a ‘Self-Declaration Certificate’ before releasing any advertisements. This directive, issued in the Supreme Court’s Order dated May 7, 2024, under Writ Petition Civil No. 645/2022-IMA & Anr. Vs. UOI & Ors., will be enforced starting June 18, 2024.
To comply with this directive, the Ministry of Information and Broadcasting (MIB) has established a new feature on its Broadcast Seva Portal for TV and radio advertisements, and on the Press Council of India’s portal for print and digital media advertisements. The portals will be activated on June 4, 2024, allowing a two-week buffer period for stakeholders to familiarize themselves with the new process.
Key Details of the Self-Declaration Certificate Requirement:
- TV/Radio Advertisements: Advertisers must submit the Self-Declaration Certificate on the Broadcast Seva Portal of the Ministry of I&B.
- Print and Digital Media Advertisements: Certificates must be submitted on the Press Council of India Portal.
- Effective Date: The requirement applies to all new advertisements issued, telecast, aired, or published on or after June 18, 2024.
- Ongoing Advertisements: Currently running ads are exempt from this requirement.
The Self-Declaration Certificate, to be signed by an authorized representative of the advertiser or advertising agency, must certify that the advertisement does not contain misleading claims and complies with all relevant regulatory guidelines, including Rule 7 of the Cable Television Networks Rules, 1994, and the Norms of Journalistic Conduct of the Press Council of India.
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Advertisers must provide proof of the certificate upload to the relevant broadcaster, printer, publisher, or electronic media platform for their records. As per the Supreme Court’s directive, no advertisement will be permitted to run without a valid Self-Declaration Certificate.
This directive underscores a significant step towards ensuring responsible advertising practices. It aims to protect consumers from misleading advertisements and promote ethical standards within the advertising industry.
The Ministry of Information & Broadcasting urges all advertisers, broadcasters, and publishers to comply diligently with this new requirement to uphold the integrity and transparency of advertising practices in India.
