Navigating the New Self-Declaration Requirement for Digital Ads in India

In a significant move aimed at enhancing transparency and protecting consumers from misleading advertisements, the Supreme Court of India has mandated a new requirement for advertisers and advertising agencies. From June 18, 2024, all digital ads, as well as TV, radio, and print ads, must include a self-declaration certificate. This blog will provide a comprehensive guide on this new mandate, ensuring you are well-prepared to comply with the regulations.

What is the Self-Declaration Requirement?

The self-declaration requirement is a legal directive issued by the Supreme Court of India, mandating that all advertisers and advertising agencies submit a self-declaration certificate before publishing or broadcasting any advertisement. This certificate must confirm that the advertisement does not contain misleading claims and adheres to all relevant regulatory guidelines.

Why is This Requirement Important?

The primary goal of this mandate is to promote transparency and consumer protection. By ensuring that advertisements are truthful and compliant with regulations, the Supreme Court aims to protect consumers from being misled by false or exaggerated claims.

Who Needs to Submit a Self-Declaration Certificate?

Advertisers

Any individual or organization creating and disseminating advertisements must submit a self-declaration certificate. This includes businesses of all sizes, from small enterprises to large corporations.

Advertising Agencies

Agencies responsible for managing and distributing advertisements on behalf of their clients are also required to submit the certificate.

Authorized Representatives

The certificate must be signed by an authorized representative of the advertiser or advertising agency, ensuring the advertisement complies with the stipulated guidelines.

How to Submit the Self-Declaration Certificate

Step-by-Step Process

1. Access the Relevant Portal

   • For TV and Radio Advertisements: Use the Broadcast Seva Portal.

   • For Print and Digital/Internet Advertisements: Use the Press Council of India’s Portal.

2. Registration

   • Register on the respective portal by providing necessary details about your organization and creating an account.

3. Prepare the Certificate

   • An authorized representative must sign the self-declaration certificate, ensuring it certifies that the advertisement does not contain misleading claims and complies with all relevant regulatory guidelines.

4. Upload the Certificate

   • Log in to the portal, fill in the required details about the advertisement, and upload the signed certificate.

5. Proof of Submission

   • After submission, you will receive proof of submission. This proof must be provided to the relevant broadcaster, printer, publisher, or electronic media platform for their records.

Key Considerations

Compliance Deadline

The self-declaration certificate is mandatory for all new advertisements released on or after June 18, 2024.

Content Verification

The certificate must confirm that the advertisement does not contain misleading claims and adheres to regulatory guidelines, such as the Cable Television Networks Rules, 1994, and the Norms of Journalistic Conduct by the Press Council of India.

Language Requirements

Separate certificates may be required for advertisements in different languages to ensure that translations do not alter the compliance status.

Exclusions

Classifieds, personal advertisements, statutory advertisements, public information notices, and tenders are generally excluded from this requirement. However, classified ads related to consumer products and services are included.

Potential Costs and Concerns

While there is no direct fee mentioned for obtaining the certificate, the process might incur administrative and operational costs. Advertisers should be prepared for possible delays in launching advertisements due to the additional compliance steps.

Challenges

• Broad Scope: The requirement applies to all forms of media, including digital platforms, which might pose a challenge for widespread compliance.

• Implementation: Ensuring compliance on large digital platforms could be complex due to the high volume of advertisements.

Conclusion

The new self-declaration requirement for digital ads is a crucial step toward ensuring transparent and responsible advertising in India. By following the outlined steps and ensuring compliance, advertisers and agencies can contribute to a more trustworthy advertising environment. For more details, you can visit the official portals of the Ministry of Information and Broadcasting and the Press Council of India.

By understanding and adhering to these new regulations, businesses can not only avoid legal repercussions but also build greater trust with their audiences. Stay informed, stay compliant, and contribute to a more transparent advertising landscape in India.