SC Mandates Self-Declaration by Advertisers/ Advertising Agencies Before Releasing Advertisements

The Hon’ble Supreme Court, in Writ Petition Civil No. 645/2022-IMA & Anr. Vs. UOI & Ors. has issued a directive in its Order dated 07.05.2024, that all advertisers/ Advertising Agencies must submit a ‘Self-Declaration Certificate’ before publishing or broadcasting any advertisement.

Following the Supreme Court’s directive, the Ministry of Information and Broadcasting has added a new feature to the Broadcast Seva Portal (MIB) for TV and radio advertisements, as well as the Press Council of India’s portal for print and digital/internet advertisements. The certificate, signed by an authorized representative of the advertiser/advertising agency, must be submitted via these portals.

The portal will be activated on 4th June, 2024. All advertisers and advertising agencies must get the Self-Declaration Certificate for any new commercials issued, televised, aired, or published on or after June 18, 2024.

A two-week buffer period has been set forth to allow all stakeholders the time to acquaint themselves with the self-certification procedure. Self-certification is not required for ongoing advertisements at this time.

The self-declaration certificate certifies that the advertisement (i) contains no misleading claims and (ii) complies with all relevant regulatory guidelines, including those outlined in Rule 7 of the Cable Television Networks Rules, 1994 and the Press Council of India’s Norms of Journalistic Conduct. Advertisers must show verification that the Self-Declaration Certificate was uploaded to the appropriate broadcaster, printer, publisher, or electronic media platform for their records.

As per the Hon’ble 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 Hon’ble Supreme Court directive is a step towards ensuring transparency, consumer protection, and responsible advertising practices. The Ministry of Information and Broadcasting strongly advises all advertisers, broadcasters, and publications to strictly follow this directive.