In a significant move aimed at promoting transparency and compliance in the advertising industry, the Supreme Court of India has issued a directive in its order dated May 7, 2024, mandating that all advertisers and advertising agencies must submit a Self-Declaration Certificate before publishing or broadcasting any advertisement. This new requirement will come into effect from June 18, 2024, and is set to bring about a significant change in the way advertisements are regulated in the country.
According to the court's order, advertisers will need to submit the Self-Declaration Certificate on different portals depending on the medium of the advertisement. For TV and radio advertisements, the certificate must be submitted on the Broadcast Seva Portal of the Ministry of Information and Broadcasting. On the other hand, for print and digital media advertisements, the certificate should be submitted on the portal of the Press Council of India.
The purpose of the Self-Declaration Certificate is to ensure that the advertisement does not contain any misleading claims and complies with all relevant regulatory guidelines. These guidelines include those stipulated in Rule 7 of the Cable Television Networks Rules, 1994, and the norms of Journalistic Conduct of the Press Council of India. By requiring advertisers to certify their compliance with these guidelines, the Supreme Court aims to promote responsible advertising practices and protect consumers from false or misleading claims.
To ensure proper implementation of this directive, advertisers will be required to provide proof of uploading the Self-Declaration Certificate to the relevant broadcaster, printer, publisher, or electronic media platform for their records. The court has made it clear that no advertisement will be permitted to run on television, print media, or the internet without a valid Self-Declaration Certificate. This strict enforcement is expected to create a level playing field for all advertisers and ensure that only compliant advertisements are allowed to reach the public.
The Self-Declaration Certificate must be signed by an authorized representative of the advertiser or advertising agency and submitted through the designated portals. To facilitate a smooth transition to this new system, the portals will be activated on June 4, 2024, giving stakeholders ample time to familiarize themselves with the process of self-certification. The requirement for the Self-Declaration Certificate will apply to all new advertisements that will be issued, telecast, aired, or published on or after June 18, 2024.
Recognizing the need for a buffer period to allow stakeholders to adapt to the new system, the Supreme Court has provided a two-week window from the activation of the portals to the mandatory implementation of the Self-Declaration Certificate. This buffer period is intended to provide sufficient time for advertisers and advertising agencies to understand and comply with the new requirements. It is important to note that ongoing advertisements do not currently require the self-certification, allowing for a gradual transition to the new system.
The Supreme Court's directive on the Self-Declaration Certificate is a significant step towards promoting transparency, accountability, and compliance in the advertising industry. By requiring advertisers to certify their compliance with relevant guidelines and regulations, the court aims to protect consumers from misleading or false claims and ensure that advertisements adhere to ethical standards. This move is expected to have a positive impact on the advertising landscape in India, fostering a more responsible and trustworthy environment for both advertisers and consumers alike.
