JSA’s Post

Supreme Court Mandate- Guideline for Self-Declaration by Advertisers/Advertising Agencies.   The Supreme Court of India, in its Order dated 07.05.2024 in the case of IMA & Anr. Vs. UOI & Ors. (Writ Petition Civil No. 645/2022), has mandated that all advertisers and advertising agencies must submit a 'Self-Declaration Certificate' prior to the release of any advertisements. This directive applies to TV, radio, print, and digital media advertisements (No Exemptions to anyone) and got effective from 18th June, 2024.   The order mandates a self-declaration certificate to ensure advertisements do not contain misleading claims and comply with regulatory guidelines.   Regulatory Guidelines- Advertisements must adhere to: Rule 7 of the Cable Television Networks Rules, 1994; & Norms of Journalistic Conduct by the Press Council of India.   Mechanism for the Compliance-   Broadcast Seva Portal- For TV and radio advertisements, advertisers must submit the certificate on the Ministry of Information and Broadcasting’s Broadcast Seva Portal.   Press Council of India Portal- For print and digital media advertisements, the certificate must be submitted on the Press Council of India’s portal.   Implementation Date- The portals got activated on 4th June, 2024, and the requirement took effect from 18th June, 2024. There was a two-week buffer period for stakeholders to adapt to the new process.   Certificate Requirements- The self-declaration certificate must be signed by an authorized representative of the advertiser/advertising agency, certifying that the advertisement- Does not contain misleading claims & must complies with all relevant regulatory guidelines.   Proof of Submission- Advertisers must provide proof of uploading the certificate to broadcasters, printers, publishers, or electronic media platforms. #SupremeCourtGuideline #SelfDeclaration #Advertisers #AdvertisingAgencies #LegalCompliance

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 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

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)

Supreme Court mandates a self-declaration certificate by advertisers before releasing advertisements The Supreme Court of India has 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. This will be implemented from June 18, 2024. For TV and radio advertisements, advertisers need to submit the certificate on the Broadcast Seva Portal of the Ministry of Information and Broadcasting (MIB), whereas for print and digital media advertisements, certificates should be submitted on the portal of the Press Council of India. 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. 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. The certificate, signed by an authorised representative of the advertiser/advertising agency, needs to be submitted through these portals. The portal will be 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 for all stakeholders to familiarise themselves with the process of self-certification. Ongoing advertisements do not require self-certification currently. MCA Worldwide (Music, Culture & Art) | Rohit Jaiswal | Vivek Saini #SupremeCourt #AdvertisingRegulations #SelfDeclaration #AdCertificates #LegalCompliance #AdvertisementStandards

The Advertising Standards Council of India (ASCI) has instructed advertisers and broadcasters to stop airing new advertisements without a self-declaration certificate (SDC) from June 18 to July 9, pending further guidance from the Hon’ble Supreme Court regarding the SDC requirement. As per reports, the Ministry of Information and Broadcasting has mandated adherence to the Apex Court's directive, which requires SDCs for new advertisements starting June 18, while existing ads remain unaffected. Read more: https://lnkd.in/g93BkYmQ #asci #advertising #ads #guidelines #update

Misleading advertisements are an undeniable reality. Recognizing this, the Supreme Court mandated measures to safeguard consumers' interests from being ensnared by deceptive claims. Compounded by endorsements from public figures, many ads become even more convincing. However, implementing ad self-declaration poses a formidable challenge, especially in the realm of digital advertising. The spontaneity of digital ad creation often means they go live at the eleventh hour. Such a requirement would substantially increase compliance costs and cause delays. It will be intriguing to see how swiftly the industry adapts to this mandate. #Ads #Advertisement #Media #Digital #SelfDeclaration https://lnkd.in/gPiEKknJ

Advertisers will soon have to obtain self-declaration certificates before publishing digital ads —we wrote to Ministry of Information & Broadcasting on how this can ruin the tour… On June 04, MIB launched a feature on the Press Club of India portal to facilitate self-declaration for digital ads. This move imposes an obligation on all advertisers & agencies to obtain a Self Declaration Certificate (SDC, hereon) for ads to be aired on or after June 18, 2024. Digital media has surpassed television in terms of spending on advertising with an expenditure share of 44%. Given this exponential growth, we believe a self-declaration model will not be feasible for implementation & must be reconsidered Read more here: https://lnkd.in/g6y64unm

As posted earlier, the Hon’ble Supreme Court of India, in WP Civil No. 645/2022 (IMA & Anr. Vs. UOI & Ors.) – the Patanjali Case (addressing misleading advertisements) issued a directive on May 7, 2024, mandating all #advertisers | #advertisingagencies to submit a 'Self-Declaration Certificate' before publishing or #broadcasting any advertisement. This is a step towards ensuring #transparency #consumerprotection & responsible #advertising practices & intended to establish a mechanism to curb #misleading advertisements without pre-approval #redtape. Thereafter, the Ministry of Information & Broadcasting (MIB) has introduced new features on the Broadcast Seva Portal for #TV & #radio advertisements & the #Press Council of India Portal for print & #digital #internet advertisements. This development significantly impacts all stakeholders in the advertising ecosystem in India, including #advertisers, #advertisingagencies, #publications, #broadcasters, #celebrities & #influencers. The self-declaration ensures that advertisers are accountable for their claims. #Celebrities & #influencers benefit as they have fewer concerns about the truthfulness of the advertisements they endorse. Following #SupremeCourt’s directive which has assumed the status of law ( #Article141 of the #Constitution) , no advertisement will be permitted to run on TV, radio, print media or the internet without the Certificate duly signed by an authorized representative of the advertiser or advertising agency. This requirement will be mandatory for all new advertisements starting June 18, 2024 (portals operational from June 4, 2024). The self-declaration certificate will declare that the advertisement does not contain #misleading #claims & complies with all relevant regulatory guidelines, including Rule 7 of the Cable Television Networks Rules, 1994 & the Norms of Journalistic Conduct of the Press Council of India. For TV & radio advertisements, advertisers are required to submit the Self-Declaration Certificate on the Broadcast Seva Portal of the MIB. For print & digital media advertisements, the certificate is to be submitted on the Press Council of India Portal. PIB Delhi: https://lnkd.in/g3enPbpf  Broadcast Seva Portal: https://lnkd.in/gS3VCvhb PCI : https://lnkd.in/g3ghvHH7 Advertisers were required to register on the respective portals, before they could commence uploading advertisements. The registration process necessitates detailed information about the advertisement, including the product or service being advertised, the title, a brief description , the complete script in PDF format or URL as applicable . Optional requirements includes a #CBFC certificate for television & cinema advertisements & GST details. Corporate Law Group Krishna Sarma Navnit Kumar Shubhankar Gupta Alex Raj #advertisinglawofIndia #ASCI #FSSAI #MinistryofConsumerAffairs

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