The Hon’ble Supreme Court of India, through the case Writ Petition Civil No. 645/2022 – IMA & Anr. Vs. UOI & Ors., has mandated that all advertisers must obtain a Self-Declaration Certificate before publishing or broadcasting any advertisement. This directive aims to enhance transparency, consumer protection, and responsible advertising.
Key Details:
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Effective Date: All advertisements issued, telecasted, aired, or published on or after 18th June 2024 must have a Self-Declaration Certificate. Ads published before this date are exempt.
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Submission Requirements: Advertisers must submit the following to obtain the certificate:
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Brief description of the advertisement (100-200 words) highlighting key features or claims.
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Full advertisement script (PDF).
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URL or PDF of the actual advertisement.
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Proposed first broadcast or publishing date.
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Letter of authorization for certificate submission.
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CBFC certificate, if applicable.
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Completed Self-Declaration format.
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Portals for Submission:
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TV and Radio: Ministry of Information and Broadcasting’s Broadcast Seva Portal
https://new.broadcastseva.gov.in/digigov-portal-web-app/jsp/mib/common/login.jsp -
Print and Digital/Internet: Press Council of India Portal
https://www.presscouncil.nic.in/
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Obligations: Once obtained, the Self-Declaration Certificate must be provided to the broadcaster, printer, publisher, or electronic media for record-keeping.
Industry Reactions:
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The Advertising Standards Council of India (ASCI) supports the mandate, expecting compliance for all new ads post 18th June 2024.
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The Internet and Mobile Association of India (IAMAI) has raised concerns regarding impacts on the digital economy and requested reconsideration.
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The Indian Society of Advertisers (ISA) expressed worries about confidentiality risks and the potential burden of the certification process.
Further clarifications from regulators are expected after 9th July 2024. Advertisers are advised to comply with the current requirements to avoid regulatory issues.