Deciphering the ‘Self Declaration’ mandate for advertisers.

In an attempt to ensure transparency, consumer protection, and responsible advertising practices, the Hon’ble Supreme Court of India, in Writ Petition Civil No. 645/2022-IMA & Anr. Vs. UOI & Ors. has issued a directive instructing all advertisers to submit a ‘Self-Declaration Certificate’ before publishing or broadcasting any advertisement. Following the Hon’ble Supreme Court’s directive, the Ministry of Information and Broadcasting (MIB) has introduced a new feature on the Broadcast Seva Portal of the MIB for TV and Radio Advertisements and on Press Council of India’s portal for Print and Digital/Internet Advertisements.

In order to obtain a Self-Declaration certificate, the portals require advertisers to submit additional details in relation to the advertisement such as:

A brief description of the advertisement in approximately 100-200 words, highlighting specific features or claims made in the advertisement;
Full script of advertisement (in a PDF file);
URL or PDF of the actual advertisement;
Proposed date of first broadcast/publishing of the advertisement;
Letter of authorization for submission of the Self-Declaration;
CBFC certificate, if applicable.
Format for Self-Declaration.

The said Self- Declaration Certificate is required to be obtained by all advertisers for all new advertisements that will be issued/telecasted/aired/published on or after 18th June, 2024. Advertisements published before the said date do not require the self-certification.

Once advertisers have obtained the Self Declaration Certificate, advertisers are under the obligation to provide the self-declaration certificate to the concerned broadcaster, printer, publisher or electronic media for their records.

Various industry bodies and stakeholders in the advertising sector are actively engaging with the relevant authorities. The Advertising Standards Council of India (ASCI) has clarified that, all new ads/promotions are expected to have a self-declaration certificate post 18th June. The Internet and Mobile Association of India (IAMAI) has raised concerns about the new regulations’ impact on the digital economy and has requested the Hon’ble Supreme Court to reconsider them. The Indian Society of Advertisers (ISA) has also expressed concerns, highlighting potential threats to the confidentiality of advertising content and noting that the process could be time-consuming and costly for advertisers. As the advertising industry anticipates further clarification after July 9, 2024, it is essential to comply with the mandates prescribed by the regulators in the meantime.

Portals:

For TV and Radio Advertisements, the advertiser/ advertising agency shall apply for self-declaration certificate on Ministry’s Broadcast Seva Portal – https://new.broadcastseva.gov.in/digigov-portal-web-app/jsp/mib/common/login.jsp

For Print and Digital /Internet Advertisements, the advertiser/ advertising agency shall apply for self-declaration certificate on Press Council of India’s Portal – https://www.presscouncil.nic.in/

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