Supreme Court of India
The issue: The Supreme Court of India has mandated a ‘Self-Declaration Certificate’ from advertisers/advertising agencies before publishing or broadcasting any advertisement. The Ministry of Information and Broadcasting has introduced this requirement for TV, Radio, and Print/Digital/Internet advertisements. The Certificate, to be obtained by 18th June 2024, confirms compliance with regulatory guidelines and the absence of misleading claims. Advertisers must also provide proof of certificate upload to relevant media platforms. Failure to comply will result in no advertisement being permitted to run. The Ministry urges strict adherence to this directive.
03 JUN 2024
New Advertising Regulations: Self-Certification Requirement from 18th June 2024
The Hon’ble Supreme Court of India, in Writ Petition Civil No. 645/2022-IMA & Anr. Vs. UOI & Ors. has issued a directive in its Order dated 07.05.2024, that all advertisers/ Advertising Agencies must 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 has introduced a new feature on the Broadcast Seva Portal of the Ministry of Information and Broadcasting (MIB) for TV and Radio Advertisements and on the Press Council of India’s portal for Print and Digital/Internet Advertisements. The certificate, signed by an authorized representative of the advertiser/advertising agency, needs to be submitted through these portals.
The portal will be activated on 4th June 2024. The Self-Declaration Certificate is required to be obtained by all advertisers and advertising agencies for all new advertisements that will be issued/telecast/aired/published on or after 18th June 2024.
Ongoing advertisements do not currently require self-certification
A buffer period of two weeks has been kept to provide sufficient time to all stakeholders to familiarize themselves with the process of self-certification. Ongoing advertisements do not require self-certification currently.
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 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. As per the Hon’ble Supreme Court’s directive, no advertisement will be permitted to run on television, print media, or the Internet without a valid Self-Declaration Certificate.
The Hon’ble Supreme Court directive is a step towards ensuring transparency, consumer protection, and responsible advertising practices. The Ministry of Information & Broadcasting urges all advertisers, broadcasters, and publishers to adhere to this directive diligently.
Read more:
- Advertisement Law of the People’s Republic of China – 1995
- ASCI guidelines for advertisements of online gaming and fantasy sports
- False or misleading advertisement violates the Consumer Protection Act 2019
- Misleading Advertisement and Consumer Complaint
- The Drugs and Magic Remedies (Objectionable Advertisements) Act 1954