ISA urges postponement of self-declaration certificate implementation

The Indian Society of Advertisers (ISA) has formally requested the Ministry of Information and Broadcasting (MIB) to postpone the implementation of the self-declaration certificate (SDC) requirement for every advertisement published on digital, radio, broadcast, or print platforms. The request comes in light of significant complexities and practical challenges identified by various stakeholders within the advertising and media industry.

The ISA's appeal to the MIB emphasizes the need to address these concerns before the SDC process is enforced. The organisation has urged that the process be postponed until the Supreme Court can hear these concerns and issue a court order.

On July 9, the MIB is scheduled to submit an affidavit to the Supreme Court, outlining the actions taken thus far concerning the SDC. This submission will also include the feedback and reactions from industry stakeholders regarding the mandatory SDC directive and its mechanism.

The ISA has consistently communicated its position on this matter, including in letters dated May 27 and June 10, as well as during a meeting with the MIB on June 11. While acknowledging the responsibility of advertisers to comply with applicable laws and engage in truthful advertising, the ISA highlighted the substantial challenges advertisers may face in implementing the SDC.

The meeting on June 11, convened by the MIB and attended by media and advertising industry bodies and stakeholders, followed the Supreme Court's directive that all advertisers and advertising agencies must submit the SDC before publishing or broadcasting any advertisement. Unfortunately, the meeting concluded without resolutions and failed to provide relief for stakeholders concerned about the impact of the SDC mechanism.

Participants in the meeting included representatives from the Indian Broadcasting and Digital Foundation, Advertising Standards Council of India, Digital News Publishers of India (DNPA), Google, and senior media executives.

In a letter dated June 12, the ISA outlined several issues with the current MIB platform for submitting the SDC, including security concerns and frequent technical problems. The ISA questioned the consequences of a rejected upload, the validity period of the certificate, and highlighted the cumbersome process of filling out, printing, and scanning the application for each ad, especially given the large volume of creatives.

The ISA also expressed concern for micro and small entities, noting that these individuals and entities might lack the capabilities or resources to provide access to files on a private cloud.