Attention Digital Marketers in India: New Rule Regulates Misleading Ads

The Indian government has introduced a new regulation to crack down on misleading advertisements. This applies to all forms of advertising, including digital ads, television commercials, and print ads.

Here's a breakdown of the key points:

• Registration Requirement: Advertisers will need to register with the government.
• Self-Declaration Certificates: Every advertisement run will require a self-declaration certificate. This document verifies that the ad complies with the new regulations.

An important Supreme Court order dated July 7th is mentioned. It says that before broadcasting or publishing any advertisement, every advertiser or advertising agency must submit a self-declaration certificate affirming that the advertisement does not make any misleading claims and complies with all relevant regulatory guidelines.

The Indian government has introduced a new regulation to crack down on misleading advertisements. This applies to all forms of advertising, including digital ads, television commercials, and print ads.

Key Points of the New Regulation

1. Registration Requirement: Advertisers will need to register with the government.
2. Self-Declaration Certificates: Every advertisement run will require a self-declaration certificate. This document verifies that the ad complies with the new regulations.

Proforma for Self-Declaration Certificate Sample Format: Letter of Authorisation?

LoA on Company Letterhead?

Subject: Authorisation of Representative for Submission of Self-Declaration Certificate by Advertisers/Advertising Agencies?

This is with reference to the Order dated 07.05.2024 passed by the Hon’ble Supreme Court in WPC No. 645/2022-IMA & Anr. Vs. UOI & Ors. for ensuring compliance with advertising regulations across print, electronic, and internet/digital media platforms.?

2. In this regard, Shri/Ms. [name of representative] in his/her capacity as [Designation of Representative] is hereby authorized to submit the self-declaration certificate in compliance with the aforementioned order of the Hon’ble Supreme Court on behalf of [name of advertiser/advertising agency].?

Signed by Head of Company (advertiser/advertising agency) along with Company?

Seal Name of Signatory:?

Designation of Signatory:?

Date:?

Supreme Court Order: An important Supreme Court order dated July 7th states that before broadcasting or publishing any advertisement, every advertiser or advertising agency must submit a self-declaration certificate affirming that the ad does not make any misleading claims and complies with all relevant regulatory guidelines.

If you are a digital marketing agency, then you will require the above letter from your client and then publish the advertisement. Currently, this is to be done for every single ad that you publish, however, discussions are going on in this regard to remove the hardships.

Interestingly, the ads uploaded on the site will be open to the public for viewing. Also, the self-declaration is to be filled out before publishing the advertisement.?The penalty for violations is not yet known.

Process for Generating Self-Declaration Certificates

The process for generating self-declaration certificates is straightforward:

1. Log in to the government portal. (https://cbcindia.gov.in/cbc/advt-reg )
2. Select the "Generate Self Declaration Certificate" option.
3. Fill in the required details, such as the type of media (print, internet, etc.) and the specific platform (newspaper, website, YouTube, etc.).
4. If it's a print ad, upload a PDF. For internet ads, provide the video URL.
5. The self-declaration certificate will be generated based on the provided information.

Importance of Compliance

The new regulation aims to ensure that advertisers make truthful claims and provide accurate information to consumers. By submitting self-declaration certificates, advertisers affirm their commitment to ethical advertising practices.

Failure to comply with the regulation may result in legal consequences and damage to the advertiser's reputation. Digital marketers must familiarize themselves with the new guidelines and take necessary steps to ensure compliance.

Conclusion

The Indian government's move to regulate misleading advertisements is a significant step towards protecting consumer rights and promoting transparency in the advertising industry. Digital marketers must adapt to the new regulations and prioritize honesty and transparency in their advertising campaigns.

By adhering to the guidelines and submitting accurate self-declaration certificates, advertisers can build trust with their audience and maintain a positive brand image. It is an opportunity for digital marketers to showcase their commitment to ethical practices and contribute to a more trustworthy advertising ecosystem in India.

At GrowthPixel , we are committed to delivering exceptional digital marketing services while prioritizing the privacy and security of our clients' information.

For more details refer to the following:?

Guidelines for using Broadcast Seva Portal https://cbcindia.gov.in/cbc/uploads/mandate/Self_Declaration_Portal_Guidelines.pdf ?

Letter Of Authorisation format - https://cbcindia.gov.in/cbc/uploads/mandate/Self_Declaration_Portal_Guidelines.pdf ?

Press Council of India - https://cbcindia.gov.in/cbc/advt-reg ?