Challenge that advertisers will need to gear up for: ASCI on SC’s self-declaration order

The Supreme Court, in its order dated May 7, 2024, issued directive that all advertisers/ advertising agencies must submit a ‘Self-Declaration Certificate’ before publishing or broadcasting any advertisement.

The self-declaration certificate is to certify that the advertisement:

1. Does not contain misleading claims
2. 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

Following the Supreme Court’s directive, the Ministry of Information and Broadcasting (MIB) has introduced a new feature on the Broadcast Seva Portal of the MIB for TV and Radio Advertisements, and on Press Council of India’s portal for Print and Digital/ Internet Advertisements.

Also read:
SC mandates self-declaration by advertisers, agencies before releasing new ads from Jun 18

Sharing her views on the Ministry of information and Broadcasting’s new feature on self-declaration based on Supreme Court’s directives for advertising, Manisha Kapoor, CEO and Secretary General, ASCI, said, “The Ministry of Information and Broadcasting has established new features to their portals to enable advertisers to obtain the self-declaration certificate to comply with the Supreme Court directives. Given the vast number of creatives that now need certification, this is a challenge that advertisers, agencies and media owners will need to gear up for.”

She further said that ASCI’s Advertising Advice service can support advertisers be compliant with the ASCI Code, which forms a key part of the Advertising Code under the Cable TV Network (Regulation) Act. This would help advertisers be more confident of their self-declarations which are now mandated for print, TV and Internet ads. Whether it is small or big advertisers, no ads would now be permitted on any media and channel without such a certification.

“To avoid any disruptions in their campaigns, advertisers and agencies are advised to familiarise themselves with the portals and the requirements during the buffer period provided until the 18th of June, 2024,” Kapoor added.