Media, Industry Bodies Move SC Seeking Clarity on Mandatory Self-declaration Certificate for Ads: Reports

Moneylife Digital Team 21 June 2024

Investor Interest

Several bodies representing media and industry have filed impleadment applications before the Supreme Court seeking clarity on the self-declaration certificate (SDC) mandate for new advertising. Following an order from the Supreme Court, all advertisers and advertising agencies are mandated from 18 June 2024 to submit a 'self-declaration certificate' before publishing or broadcasting any advertisement.

According to a report from Economic Times (ET), the Association of Radio Operators for India (AROI), the Indian Newspaper Society (INS), the Internet and Mobile Association of India (IAMAI), and the Broadband India Forum (BIF) have filed impleadment applications before the apex court.

"Other industry bodies like the Indian Broadcasting and Digital Foundation (IBDF), the Indian Society of Advertisers (ISA), and the Advertising Agencies Association of India (AAAI) are also contemplating getting themselves involved in the matter between the Indian Medical Association and the Union of India," the report says quoting sources privy to the development.

While some advertisers have begun submitting the SDCs on the requisite portals of Broadcast Seva and Press Council of India, others seem to be in a wait-and-watch mode, says a report from The Hindu Business Line.

Industry players told the newspaper that while the directive is well-intentioned, there is a lack of clarity in terms of guidelines and has also raised confidentiality concerns.

As per the Press Council of India site, there were over 8,700 entries in the SDC list as of Wednesday evening. Brands have generated SDCs for their print and digital ads, but the report also says there were several dummy entries for testing purposes.

Earlier this month, Union ministry of information & broadcasting (MIB) directed all advertisers and advertising agencies to submit SDC, signed by an authorised representative of the advertiser or advertising agency, through broadcast seva portal for TV and radio advertisements and on Press Council of India's portal for print and digital and internet advertisements.

According to MIB, the self-declaration certificate should certify that the advertisement does not contain misleading claims and 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 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 ministry added.

Comments