Nishith Desai Associates’ Post

The Ministry of Information and Broadcasting has mandated that all advertisers must submit a 'self-declaration certificate' before broadcasting any ads, following a Supreme Court directive in the Patanjali case. This move aims to enhance transparency and accountability in advertising, ensuring compliance with regulatory guidelines and consumer protection standards. #AdvertisingRegulations #ConsumerProtection #Transparency #PFTcompliance #MisleadingAdvertisement

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

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

In this piece, the author Savan Dhameliya discusses the Supreme Court's directive from May 7, 2024, which mandates all advertisers to submit a "Self-Declaration Certificate" before publishing or broadcasting advertisements. This requirement, enforced by the Ministry of Information and Broadcasting through the Broadcast Seva Portal and the Press Council of India's portal, aims to prevent misleading claims and ensure compliance with regulatory guidelines. Effective from June 18, 2024, the regulation is designed to protect consumer rights by enforcing transparency in advertising. However, the author also highlights the challenges advertisers would face, including increased compliance costs, potential delays, and practical difficulties, especially for small businesses and digital platforms. https://lnkd.in/d5gMTDcN

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

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.

Supreme Court Mandates Self-Declaration by Advertisers/ Advertising Agencies Before Releasing Advertisements---------- Self-Declaration Certificate To Become Mandatory for all New Advertisements From 18th June, 2024 for TV/Radio Advertisements, Advertisers To Submit Self-Declaration Certificate on Broadcast Seva Portal Of Ministry of I&B. For Print And Digital Media Advertisements, Certificate To Be Submitted on Press Council of India Portal. 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. 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.

Advertising is the death of BBC radio.  . . . . A new study by Compass Lexecon claims that if advertising was brought in to replace the license fee, BBC radio would have to close the majority of stations. It has shown that only #BBC radio 2 and #BBC 6 Music would break even, with BBC Radio 1 and BBC Radio 4 needing to make cuts up to 50%.  See article in re-post. The article by Radiocentre (linked in comments) does not detail what metrics were considered for this report, and whether it is done on viewing figures alone, I suspect not if it is a robust report. But it proves how people’s attention is spread so widely / thinly with the choice of digital media. The media landscape isn’t changing. It has changed. And media owners need to find new ways of surviving or integrating. So if this article is anything to go by, The BBC license fee will be around for a while, or we are looking at another cliff edge in the future of digital media. Ref: Report by Compass Lexecon, commissioned by Radiocentre #radio #media #bbc #advertising #digitalmedia #dab

The Indian Society of Advertisers (ISA) urges The Ministry Of Information & Broadcasting (MIB) to delay the self-declaration certificate mandate(SDC) for ads, highlighting significant industry challenges and complexities. read more: https://lnkd.in/dTwKRYxe #Advertising #Compliance #Regulations #Challenges #Mandate #Media #Broadcast #Adtechtoday

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