Advertising Revolution: India's Supreme Court Mandates Self-Declaration Certificates

In a landmark move aimed at promoting transparency, consumer protection, and responsible advertising practices, the Supreme Court of India has issued a directive requiring all advertisers and advertising agencies to obtain a "Self-Declaration Certificate" before releasing any new advertisements. The Ministry of Information & Broadcasting (MIB) has released guidelines for implementing this new mandate, which takes effect from June 18, 2024.

The Supreme Court's Order:

The Supreme Court's order, dated May 7, 2024, states that before an advertisement is printed, aired, displayed on TV channels, electronic media, press, print media, or the internet, a self-declaration shall be submitted by the advertiser or advertising agency to the concerned ministry.

Implementation by the Ministry of Information & Broadcasting:

In response to the Supreme Court's order, the MIB has launched new features on its dedicated portal, the Broadcast Seva Portal, to facilitate the submission of self-declaration certificates for TV and radio advertisements. Similarly, the Press Council of India has also launched features on its portal for print and digital/internet advertisements.

These online portals will be activated on June 4, 2024, allowing advertisers a two-week window to familiarize themselves with the self-certification process.

The Self-Declaration Certificate:

The self-declaration certificate, signed by an authorized representative of the advertiser or advertising agency, must confirm two key aspects of the advertisement:

?1. Absence of Misleading Claims: The advertisement must be truthful and avoid any deceptive statements.

?2. Compliance with Regulations: The advertisement must adhere to all relevant guidelines, including the Cable Television Networks Rules, 1994 (for TV) and the Norms of Journalistic Conduct (Press Council of India) for print and digital media.

Starting June 18, 2024, all new advertisements will require a valid self-declaration certificate. Advertisers must provide proof of uploading the certificate to the relevant media platform (broadcaster, printer, publisher, or online platform) for their records.

Steps to obtain the self-declaration certificate for advertisements in India:

a)??? Access the Relevant Portal: Advertisers and advertising agencies need to use the appropriate online portal to submit their self-declaration certificates:

·????? For TV and radio ads, use the Broadcast Seva Portal of the Ministry of Information and Broadcasting (MIB).

·????? For print and digital/internet ads, use the Press Council of India's portal.

b)??? Provide Advertisement Details: When submitting the self-declaration, advertisers must provide the following information about the ad:

·????? Description of the product or service being advertised

·????? Full script of the advertisement

·????? Link to the audio/visual element or PDF file (for print ads)

·????? Proposed date of broadcast or publication

?c)??? Certify Absence of Misleading Claims: In the declaration, the advertiser or their authorized representative must certify that the advertisement does not contain any misleading or deceptive claims.

d)??? Confirm Compliance with Regulations: The declaration must also confirm that the advertisement adheres to all relevant regulatory guidelines:

·????? Cable Television Networks Rules, 1994 (for TV ads)

·????? Norms of Journalistic Conduct of the Press Council of India (for print and digital ads)

e)??? Provide Signatory Details: The authorized representative signing the declaration must provide their mobile number and email address.

Submit Proof of Certification: After obtaining the self-declaration certificate, advertisers must provide proof of uploading the certificate to the relevant media platform (broadcaster, printer, publisher, or online platform) when placing the release order for the advertisement

Benefits for Consumers:

The new guidelines mandating self-declaration certificates are expected to benefit consumers in several ways:

1. Enhanced Transparency: By requiring advertisers to certify that their ads do not contain misleading claims, the guidelines promote transparency in advertising, allowing consumers to have more confidence in the information presented.
2. Consumer Protection: The self-declaration process aims to combat consumer harms associated with misleading advertisements, especially in sensitive sectors like health, education, and finance.
3. Compliance with Regulations: Advertisers must declare that their ads adhere to relevant regulatory guidelines, ensuring compliance with established standards and protecting consumers from unethical or inappropriate advertising content.
4. Accountability: The self-declaration process holds advertisers and advertising agencies accountable for the claims made in their ads, providing a mechanism for consumer redressal if an ad is found to be misleading or violative of regulations.
5. Informed Decision-Making: By promoting truthful and transparent advertising, the guidelines enable consumers to make more informed decisions about the products and services they choose to purchase or use.
6. Fostering Ethical Practices: The requirement for self-declaration encourages advertisers to adopt ethical practices and be mindful of their claims, setting a higher standard for advertising content and deterring brands from engaging in misleading or deceptive tactics.

Industry Concerns and Challenges:

While the Supreme Court's directive aims to promote responsible advertising practices, the new mandate has raised concerns among industry stakeholders:

1. Implementation Challenges: The abruptness of the implementation and the complexity of the self-declaration process have raised concerns about the practicality and feasibility of the new requirements, particularly for digital advertising where the volume and velocity of ads are high.
2. Potential Impact on Creativity and Innovation: Some industry experts fear that the additional compliance burden and bureaucratic hurdles may stifle creativity and innovation in advertising, as agencies and brands navigate the new landscape.
3. Confidentiality Concerns: Advertisers have expressed concerns about revealing sensitive details in the declarations, such as specific creative strategies or unique selling propositions, which could put them at a disadvantage.
4. International Advertising Spending: The additional compliance burden imposed by the self-declaration certificate may discourage international advertisers targeting the Indian market, potentially leading to a decrease in advertising revenue for Indian media companies.

Conclusion

The Supreme Court's mandate for self-declaration certificates marks a significant step towards promoting responsible advertising practices in India. While the new guidelines present challenges and concerns for the advertising industry, the ultimate goal of protecting consumer interests and fostering transparency in advertising remains paramount as the industry navigates this new landscape, all stakeholders need to work together to find practical solutions that balance the need for consumer protection with the creative and innovative spirit of advertising. By embracing transparency, accountability, and compliance, the advertising industry can build a more trustworthy ecosystem that prioritizes consumer welfare and fosters ethical practices.