SC requires advertisers' self-declaration; MIB launches declaration portal

The Supreme Court, in its Order dated May 7, 2024, mandated that all advertisers and advertising agencies must submit a 'Self-Declaration Certificate' before publishing or broadcasting any advertisement. In compliance with this directive, the Ministry of Information and Broadcasting (MIB) has introduced a new feature on its Broadcast Seva Portal for TV and Radio advertisements. Similarly, the Press Council of India's portal will handle self-declarations for print and digital/internet advertisements.

This certificate, which must be signed by an authorized representative of the advertiser or advertising agency, needs to be submitted through the respective portals. The new self-declaration portal will be activated on June 4, 2024. Starting from June 18, 2024, all advertisers and advertising agencies must obtain a Self-Declaration Certificate for any new advertisements that will be issued, telecast, aired, or published on or after this date.

To allow stakeholders ample time to familiarize themselves with the self-certification process, a buffer period of two weeks has been provided. During this period, ongoing advertisements will not require self-certification.

The purpose of the self-declaration certificate is to certify that the advertisement (i) does not contain misleading claims, and (ii) complies with all relevant regulatory guidelines, including those stipulated 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 Self-Declaration Certificate to the relevant broadcaster, printer, publisher, or electronic media platform for their records.

In accordance with the Supreme Court's directive, no advertisement will be allowed to run on television, print media, or the internet without a valid Self-Declaration Certificate. This directive is a significant step towards ensuring transparency, consumer protection, and responsible advertising practices. The Ministry of Information and Broadcasting has urged all advertisers, broadcasters, and publishers to adhere to this directive diligently.