Arjit Benjamin’s Post

The Ministry of Information and Broadcasting (“MIB”) on June 3, 2024 issued a press release directing all advertisers and advertising agencies to submit a Self-Declaration Certificate (“SDC”) in furtherance of the directive issued by the Supreme Court of India (“SCI”) in IMA & Anr. Vs. UOI & Ors (Writ Petition Civil No. 645/2022). The MIB directed advertisers to obtain the SDC for all advertisements released on or after June 18, 2024. The SDC will certify that the advertisement does not contain any misleading information and is in compliance with all regulatory guidelines. The SDC has to be signed by an authorised representative of the advertiser and submitted through the Broadcast Seva Portal for TV and radio advertisements and the Press Council of India’s portal for print and digital advertisements. The advertiser should also provide proof of submitting the SDC on the appropriate portal to the relevant broadcaster, printer, publisher or electronic media platform. The SCI, in its judgement, held that advertisements without the SDC will not be permitted to run on television, print media or the internet. Organisations such as the Internet and Mobile Association of India have raised concerns regarding the consequences of the press release including potential increases in the cost of advertising and substantial delays in the publication of advertisements due to the SDC requirements. These concerns will be heard by the SCI on July 9, 2024. https://lnkd.in/geqQv6Xv #Regulatorycomplaince #MIB #Medialaw #SDC #legalupdates #legalinsights #aarambhlegal

The Ministry of Information and Broadcasting in India has mandated a Self-Declaration Certificate (SDC) for all new advertisements starting 18 June 2024. Advertisers and advertising agencies from print, broadcast, and digital media are required to submit the SDC as per a directive by the Supreme Court of India in its order dated 7th May 2024. #advertiser #advertisement #digitaladvertising #monetization #adtech #adops

Supreme Court's Self-Declaration Rules for Advertisers! The Supreme Court has announced new self-declaration rules for advertisements. Advertising companies must now submit a self-declaration certificate (SDC) to the relevant authorities before publishing or broadcasting any content. Submission Platforms: 🔹Radio and Television ads: Broadcast Seva Portal 🔹Internet/digital: Press Council of India’s portal https://lnkd.in/ghBymdzr Content of SDC: 🔹Declaration that the advertisement does not falsely claim the product or service. 🔹Compliance with market regulations, including the Cable Television Networks Rules (1994) and the Norms of Journalistic Conduct of the Press Council of India. Authorised Representative: 🔹The SDC must be signed by an advertiser's authorised representative. Information to Include: 🔹Mobile number and email address 🔹Ad details and product or service description 🔹Script and a link to the audio/visual elements (or a PDF for print ads) 🔹Date of publishing the advertisement 📍After uploading the SDC, you will receive a unique acknowledgement number, which must be mentioned in the advertisement.

The Hon’ble Supreme Court, in Writ Petition Civil No. 645/2022-IMA & Anr. Vs. UOI & Ors. has issued 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 Hon’ble Supreme Court’s directive, the Ministry of Information and Broadcasting has introduced a new feature on the Broadcast Seva Portal of the Ministry of Information and Broadcasting (MIB) for TV and Radio Advertisements and on Press Council of India’s portal for Print and Digital/Internet Advertisements. The certificate, signed by an authorized representative of the advertiser/advertising agency, needs to be submitted through these portals. The portal will be activated on 4th June, 2024. The Self- Declaration Certificate is required to be obtained by all advertisers and advertising agencies for all new advertisements that will be issued/telecast/aired/published on or after 18th June, 2024. A buffer period of two weeks has been kept for providing sufficient time to all stakeholders to familiarize themselves with the process of self- certification. Ongoing advertisements do not require the self-certification currently. The self-declaration certificate is to certify that the advertisement (i) does not contain misleading claims, and (ii) 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. Advertiser must provide proof of uploading the Self-Declaration Certificate to the relevant 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 & Broadcasting urges all advertisers, broadcasters and publishers to adhere to this directive diligently. #cbcindia #advertismentlaws

𝐒𝐞𝐥𝐟-𝐃𝐞𝐜𝐥𝐚𝐫𝐚𝐭𝐢𝐨𝐧 𝐟𝐨𝐫 𝐀𝐝𝐯𝐞𝐫𝐭𝐢𝐬𝐞𝐦𝐞𝐧𝐭𝐬: The Supreme Court of India has recently mandated that advertisers and advertising agencies submit a self-declaration certificate before publishing any advertisement. 1. This is effective from June 18th (Check PIB Link for specific details) 2. A buffer period of two weeks has been kept for providing sufficient time to all stakeholders to familiarize themselves with the process of self- certification. 3. This certificate verifies the advertisement is truthful and complies with relevant regulations. 4. The Ministry of Information and Broadcasting has created a system for uploading these certificates on dedicated portals. 5. This aims to improve transparency and accountability in advertising. Key Points: * Applies to new advertisements published after June 18, 2024. * Separate portals exist for TV/Radio (MIB) and Print/Digital (Press Council). https://lnkd.in/gUMSXsfD (We shall strive to do our best to keep our audience updated in this regard going forward; that said, readers are requested to read the above link for themselves)

JSA Prism | Media | June 2024 Self-certification mandated for advertisers   The Supreme Court of India (“Supreme Court”) mandated advertiser/advertising agency to upload a self-declaration certificate on the lines contemplated in Rule 7 of the Cable Television Networks Rules, 1994. The self-declaration certificate is required to be uploaded on the Press Council of India’s Portal for print and digital/online advertisements and on the Broadcast Seva Portal for television (“TV”) and radio advertisements.   In light of the order passed by the Supreme Court, Ministry of Information and Broadcasting vide its notification dated June 3, 2024, has introduced a new facility on the Broadcast Seva Portal for TV and radio advertisements and on Press Council of India’s portal for print and digital/internet Advertisements, allowing advertisers to submit the self-declaration through these portals. The certificate must be signed by the authorized signatory of the advertiser. The portals have been activated from June 4, 2024.   This is a significant order which enhances the accountability and transparency of the advertisers / advertising agencies in advertising. This order effectively established a centralized system to track and record advertisers/advertising agencies.   For further details, please use the below link: https://lnkd.in/gr-rdXyN Sajai Singh | Maitrayi Jain | Bhoomika S Kumar #jsa #newsletter #legalnews #legalupdates #media #leadinglawyers #leadinglawfirm

On June 3, 2024, the Ministry of Information and Broadcasting, in compliance with a Supreme Court directive, announced new regulations requiring a self-declaration certificate (SDC) to be submitted before the publication or broadcast of any content. This mandate, effective from June 18, 2024, stipulates that all advertising agencies must file their SDCs via the Broadcast Seva Portal managed by the Ministry. Meant for print and digital media, the SDCs are to be give in to through the Press Council of India's portal. An evaluation done through the Advertising Standards Council of India in the year 2023-24 on 8,299 advertisements found that around 81% fell into the category of misleading advertisements, with 94% of the infringements identified through proactive monitoring. Sourced from LiveLaw in While this is a welcome step against misleading ads, the question that then arises is would it be sufficient to deter some organisations from creating near fake narratives around the product or services? I personally believe that it is consumers such as ourselves who have to be alert enough to not get swayed by misleading ads. When the consumer gets more active, then there is very little that fake narratives can do to convince him/her. Agree? The coming months would be crucial to respond to this important query. #advertisements

Brilliant step towards broadcasting of legit information and advertising on public media forum. A stepping stone in the direction of authenticity and transparency.

The Supreme Court of India issued a directive in its order dated May 7, 2024, mandating that all advertisers and advertising agencies must submit a Self-Declaration Certificate before publishing or broadcasting any advertisement. Following this directive, the Ministry of Information and Broadcasting has introduced a new feature on the Broadcast Seva Portal for TV and Radio Advertisements and on the Press Council of India’s portal for Print and Digital/Internet Advertisements. The certificate, signed by an authorized representative of the advertiser or advertising agency, needs to be submitted through these portals. The Self-Declaration Certificate is required for all new advertisements that will be issued, telecast, aired, or published on or after June 18, 2024. This certificate certifies that the advertisement (i) does not contain misleading claims and (ii) 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 the Press Council of India. Advertisers must provide proof of uploading the Self-Declaration Certificate to the relevant broadcaster, printer, publisher, or electronic media platform for their records. As per the court’s directive, no advertisement will be permitted to run on television, print media, or the internet without a valid Self-Declaration Certificate. #supremecourt #government #advertising #marketing #indianstartupnews

Centre mandates self-declaration certificate for advertisers Yet another great initiative to curb Misleading Advertisement On the direction of Hon'ble Supreme Court, The Ministry of Information and Broadcasting has made it mandatory for advertisers and advertising agencies to submit a ‘self-declaration certificate’ before publishing or broadcasting any advertisement. The Ministry has introduced a new feature on its Broadcast Seva Portal and on the Press Council of India’s portal for print and digital/internet advertisements. The certificate, signed by an authorised representative of the advertiser/advertising agency, needs to be submitted through these portals. From now onwards, For TV and radio advertisements, advertisers need to submit the certificate on Broadcast Seva Portal of Ministry of Information and Broadcasting (MIB), whereas for print and digital media advertisements, certificates should be submitted on the portal of Press Council of India. The portal is already activated on June 4, 2024. The Self- Declaration Certificate is required to be obtained by all advertisers and advertising agencies for all new advertisements that will be issued/telecast/aired/published on or after June 18, 2024. A buffer period of two weeks has been kept for providing sufficient time to all stakeholders to familiarise themselves with the process of self- certification. Ongoing advertisements do not require the self-certification currently. #Ethicaladvertising #Compliances #Ministryofinformationandbroadcasting #Supremecourtofindia