Supreme Court's New Mandate: Advertisers Must Declare Compliance Before Broadcasting Ads!
From June 18th, 2024, Self-Declaration Certificate Becomes Essential for Advertisements Across TV, Radio, Print, and Digital Media.
BNH BUREAU
Delhi - In a significant move towards enhancing transparency and accountability in advertising practices, the Hon’ble Supreme Court has mandated that all advertisers and advertising agencies must provide a 'Self-Declaration Certificate' before releasing any advertisements. This directive, issued in Writ Petition Civil No. 645/2022-IMA & Anr. Vs. UOI & Ors. through an order dated 07.05.2024, aims to ensure that advertisements meet regulatory guidelines and do not contain misleading claims.
In compliance with the Supreme Court's order, the Ministry of Information and Broadcasting has introduced a new feature on the Broadcast Seva Portal for TV and Radio Advertisements and on the Press Council of India's portal for Print and Digital/Internet Advertisements. Advertisers and advertising agencies are required to submit the signed Self-Declaration Certificate through these portals before publishing or broadcasting any new advertisements.
The portal will become operational on June 4th, 2024, with the Self-Declaration Certificate becoming mandatory for all new advertisements from June 18th, 2024. This two-week buffer period allows stakeholders to familiarize themselves with the self-certification process. However, ongoing advertisements are currently exempt from this requirement.
The Self-Declaration Certificate attests that the advertisement does not contain misleading claims and complies with relevant regulatory guidelines, including those outlined in Rule 7 of the Cable Television Networks Rules, 1994, and the Norms of Journalistic Conduct of the Press Council of India. Advertisers must provide proof of uploading the certificate to the relevant broadcaster, printer, publisher, or electronic media platform for record-keeping.
As per the Supreme Court's directive, advertisements cannot run on television, print media, or the internet without a valid Self-Declaration Certificate. This mandate is a crucial step towards promoting transparency, protecting consumers, and fostering responsible advertising practices.
The Ministry of Information & Broadcasting urges all advertisers, broadcasters, and publishers to diligently adhere to this directive, ensuring compliance for the benefit of all stakeholders.
