Supreme Court Mandates Transparency in Advertising: New Regulations for Advertisers and Agencies

In a significant move towards ensuring accountability and transparency in advertising practices, the Supreme Court has issued a groundbreaking directive requiring advertisers and advertising agencies to submit a ‘Self-Declaration Certificate’ before releasing any new advertisements. Effective from June 18, 2024, this mandate aims to curb misleading claims and uphold regulatory guidelines across various media platforms.

The directive, stemming from the Order dated May 7, 2024, under Writ Petition Civil No. 645/2022-IMA & Anr. Vs. UOI & Ors., emphasizes the necessity for advertisers and agencies to certify the authenticity and compliance of their advertisements. To facilitate this process, the Ministry of Information and Broadcasting has introduced a new feature on the Broadcast Seva Portal for TV and radio advertisements and on the Press Council of India’s portal for print and digital/internet advertisements.

Advertisers and agencies are required to obtain the Self-Declaration Certificate by submitting the necessary details through these designated portals. Activation of the portals is set for June 4, 2024, offering stakeholders a two-week buffer period to acquaint themselves with the certification process. While ongoing advertisements are exempt from this requirement, all new advertisements issued, telecast, aired, or published after June 18, 2024, must adhere to this regulation.

The Self-Declaration Certificate serves as a testament to the advertisement’s compliance with regulatory standards, ensuring it does not contain any misleading claims. Advertisers must provide proof of certificate submission to relevant broadcasters, printers, publishers, or electronic media platforms. Failure to obtain a valid certificate will result in the advertisement being barred from television, print media, or the internet, as per the Supreme Court’s directive.

Furthermore, guidelines have been outlined for utilizing the Broadcast Seva Portal and the Press Council of India portal for uploading the Self-Declaration Certificate. An authorized representative of the advertiser/advertising agency is required to sign the certificate, affirming its accuracy and authenticity. Mandatory fields include details of the advertised product/service, advertisement title, description, full script, URL of advertisement audio/video, and proposed date of first broadcast/publishing.

Additionally, documents such as a Letter of Authorization, full script of the advertisement, advertisement video/audio file, and CBFC certificate (if available) are required for submission alongside the Self-Declaration Certificate. Upon successful submission, applicants will receive an acknowledgment receipt, ensuring compliance with the mandated regulations.

This Supreme Court directive marks a pivotal step towards ensuring transparency, consumer protection, and responsible advertising practices. The Ministry of Information & Broadcasting urges all advertisers, broadcasters, and publishers to diligently adhere to these guidelines, fostering a more accountable and ethical advertising landscape.

For further inquiries or assistance, advertisers/advertising agencies may contact the support email ID: mib-selfdec-cert@gov.in. Sample formats for the Letter of Authorization are provided to streamline the submission process, reinforcing the commitment to regulatory compliance and consumer welfare.