Supreme Court Mandates Self-Declaration Certificates for Ads: A Step Toward Accountability

In a landmark move to enhance transparency and accountability in advertising, the Supreme Court of India has mandated self-declaration certificates for all new advertisements, effective June 18, 2024. This directive requires advertisers to submit a declaration, signed by an authorized representative, attesting that their ads do not contain misleading claims and comply with all relevant regulatory guidelines. The Ministry of Information and Broadcasting (MIB) has introduced a feature on the Broadcast Seva Portal on June 4, 2024 to streamline certificate submissions for TV and radio ads, while print and digital ads will be managed through the Press Council of India's portal.

Enhanced Accountability and Transparency

The primary aim of this new mandate is to curb misleading advertisements and ensure higher standards of advertising integrity. This move follows a year of intensified scrutiny on deceptive advertising practices, which have seen several major FMCG brands face legal challenges and necessitate changes in their communication strategies. The Supreme Court's criticism of inadequate monitoring by central and state governments has culminated in this stringent guideline, reflecting a concerted effort to protect consumers from false claims.

Detailed Guidelines and Requirements

The guidelines for using the Broadcast Seva Portal and the Press Council of India portal for uploading the self-declaration certificates are as follows:

1. Authorized Representative:

• An authorized representative of the advertiser or advertising agency must submit the self-declaration certificate.
• This representative must include their valid mobile number and email address.

2. Details of Advertisement to be Filled In:

• Product/service being advertised.
• Advertisement title.
• A brief description of the advertisement, highlighting specific features or claims.
• Full script of the advertisement (in PDF file).
• URL of the advertisement audio/video for TV/radio/internet advertisements, or PDF of the actual advertisement for print/static internet advertisements.
• Proposed date of first broadcast/publishing of the advertisement.

3. Required Documents:

• Letter of Authorization: Identifying the representative authorized to submit the certificate.
• Full Script of Advertisement: Including all dialogue, voiceovers, text displayed on-screen, and other verbal or written content.
• Advertisement Video/Audio File: Submitted through a URL, accurately representing the content to be aired or published.
• CBFC Certificate (if available): If certified by the Central Board of Film Certification (CBFC), a copy of the certificate should be provided.

4. Submission Process:

• Ensure all mandatory fields are filled accurately before submission.
• Upload the signed self-declaration certificate to the respective portal.
• Upon successful submission, an acknowledgment receipt will be issued.
• Practical Challenges and Industry Concerns

The new rules also stipulate that agencies must provide "proof of uploading" the certificate to the relevant publisher for record-keeping.

The high volume of ads and the potential burden this process may impose on advertisers and agencies is evident. There are social media posts from brands which can be considered as ads.

Although, it may create few initial challenges in terms of implementation and execution, this seems to be a step towards more responsible advertising.

Digital Advertising: A Sector in Need of Regulation

Despite the challenges, the regulation of digital advertising is particularly significant. The digital space has become a hotbed for advertising activities, often without adequate oversight. This mandate aims to bring digital advertising under the same stringent scrutiny as traditional media, ensuring that the rapid proliferation of online ads does not come at the cost of consumer protection.

The move is especially pertinent given the rise of moment marketing on social media, where brands quickly capitalize on current events.

Another alternative that may be explored is regular and periodic thorough audits of brands and advertising agencies to identify the miscreants by nominated agencies.

Conclusion: A Step in the Right Direction

While the Supreme Court's directive mandating self-declaration certificates for all new advertisements has sparked diverse reactions, it represents a significant step towards enhancing accountability and transparency in the advertising industry. The challenges underline the need for careful implementation and possible adjustments to accommodate the unique nature of digital advertising. However, the overall intent to protect consumers and ensure responsible advertising practices is a commendable goal that aligns with the broader objectives of consumer rights and ethical marketing.

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