MIB seeks SDC exemptions for ASCI members, start-ups in affidavit to SC

The Ministry of Information and Broadcasting (MIB) on Friday (August 23, 2024) submitted an affidavit to the Supreme Court recommending one Self-Declaration Certificate for all media.

MIB has sought exempting ASCI members, ad agencies, print media as well as start-ups from the SDC mandate. The affidavit has been filed by Senthil Rajan, Joint Secretary in the MIB.

On July 9, 2024, the Supreme Court had directed the MIB to submit an affidavit within next three weeks, highlighting the recommendations on the SDC mechanism.

Seeking exemption for members of Advertising Standards Council of India (ASCI), the MIB said that they already comply with the ASCI code, which covers most of the advertising laws in India.

Print media, too, is governed by the Press Council of India rules as well as ASCI, the MIB pointed out.

The affidavit also sought exclusion of programmatic ads, user-generated content and online advertisements from the SDC mechanism. MIB stated that the SDC mandate might not be feasible for programmatic ads as they follow a real-time bidding process and are carried through network agencies.

The affidavit stated, “Creative agencies focus on developing ads based on the advertiser’s mandate and claims about their products or services. Media agencies handle media planning and purchasing. Performance agencies use data, technology, and expertise to achieve success in the digital space. Therefore, these agencies should not be compelled or made liable to upload SDC because one advertiser can have multiple agencies.”

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