The Ministry of Information and Broadcasting ("MIB") vide a notification dated 6 June 2024 ("Notification"), has notified that a self-declaration has to be mandatorily submitted by advertisers, advertising agencies and endorsers before any advertisement is printed, aired or displayed, declaring that the advertisement is not deceptive or misleading. This Notification by the MIB has been issued in pursuance of the judgement of the Supreme Court ("SC") in Indian Medical Association & Anr. Vs. Union of India & Ors. ("IMA Judgment"), where the SC observed that stringent compliance measures need to be taken to prevent misleading advertisement.
The Advertisement Industry was notified by the MIB to comply with the Self-Declaration process for all advertisements published on or after 18 June 2024, and the Press Council of India's Broadcast Seva Portal ("PCI Portal") to comply with these directions. Additional guidelines for the marketers and advertising agencies using the portals were also included with the press release as "Portal Guidelines."
In order to submit a self- declaration certificate, an advertiser needs to create an account on the designated portal with the company details and an authorized representative's information, along with providing details about the advertisement, ensuring that all the information provided is accurate and complete, to avoid any delays or rejection.
The self - declaration certificate should state that the advertisement does not make any misleading claims and complies with all relevant regulatory guidelines including but not limited to, Rule 7 of the Cable Television Networks Rules, 1994 and the Norms of Journalistic Conduct issued by the Press Council of India.
This aforesaid requirement of a self-declaration certificate is applicable to all advertisers including manufacturers, resellers, distributors, service providers, advertising agencies and endorsers including public figures, influencers, celebrities promoting the product or services.
This requirement of self-declaration, however, does not apply to advertisements such as, classified advertisements (except those promoting consumer goods and services), personal advertisements, advertisements mandated by the statutory law, public service announcements, tenders and advertisements related to government functions.
MHCO Comment
By the IMA Judgement the SC has exercised its inherent power under the Constitution to mandate a Self-Declaration Certificate that will encourage ethical advertising practices, safeguard consumer interests, and hold advertising agencies and endorsers equally accountable for any deceptive or inaccurate advertising they may release. However, the advertising industry is pushing back against the stringent compliance mandate that is being implemented, for it becomes difficult for advertisers to verify the veracity of every single advertisement they publish. The Notification has also raised concerns on how the veracity of advertisements can be checked by both digital intermediaries who publish advertisements in vast quantities as well as endorsers who are not privy to the trade secrets of the products they endorse. This notification is definitely a step in the right direction in holding the advertisers accountable for the content that they display. However, the requirement for a self - declaration form to be submitted for every single advertisement will slow down the process in releasing an advertisement, where time is of the essence.
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