The Supreme Court has mandated that all advertisers and advertising agencies submit a 'self-declaration certificate' before airing or publishing any advertisement starting June 18, 2024. This certificate confirms compliance with regulatory guidelines and the absence of misleading claims.
The Ministry of Information and Broadcasting (MIB) has introduced features on its Broadcast Seva Portal and the Press Council of India’s portal to facilitate this process, which will be operational from June 4, 2024.
Key Points
- Mandatory Certification: All new advertisements across media channels must obtain certification, while ongoing ads are exempt.
- Submission Portals: Certificates can be submitted via the Broadcast Seva Portal for TV and radio ads, and the Press Council of India’s portal for print, digital, and online ads.
- Buffer Period: Two weeks is provided for advertisers to familiarize themselves with the new requirements.
- Compliance Evidence: Advertisers must provide evidence of certificate submission to relevant media platforms.
- Consequences of Non-Compliance: Ads without valid certification will be prohibited.
Challenges and Compliance
Manisha Kapoor, CEO of the Advertising Standards Council of India (ASCI), noted the significant challenge due to the volume of ads. Advertisers are advised to use the buffer period to get accustomed to the new system to avoid disruptions. ASCI's report highlighted that digital ads have a lower compliance rate (75%) than print and TV ads (97%).
While the mandate aims to promote transparency and protect consumers, it presents significant challenges, especially for digital ads:
- Performance Marketing: Testing hundreds of creatives simultaneously makes multiple declaration submissions impractical.
- Detailed Information: Each ad requires submission of the full script, product/service description, and proposed broadcast/publication date.
- Impact on Smaller Advertisers: Particularly tough for smaller advertisers and those using digital platforms for targeted, time-sensitive campaigns.
- International Advertisers: Compliance challenges for those targeting Indian audiences.
Industry groups like the Indian Society of Advertisers (ISA) and the Digital News Publishers Association (DNPA) have raised concerns. They suggest more feasible approaches, such as Yearly Declarations, which guarantee compliance for a period rather than requiring declarations for each ad.
Regulatory Guidelines
The new directive aims to safeguard consumer interests by ensuring ads adhere to the Cable Television Networks Rules, 1994, and the Norms of Journalistic Conduct of the Press Council of India. The MIB emphasized the importance of transparency, consumer protection, and responsible advertising practices.
ASCI's Advertising Advice service helps ensure compliance with the ASCI Code, which is an integral part of the Advertising Code under the Cable TV Network (Regulation) Act. This service assists advertisers in ensuring that their self-declarations are accurate and compliant across all media channels. Advertisers have a two-week buffer until June 18 to adapt to the new requirement.
Conclusion
While the directive aims to uphold advertising standards, its success depends on practical implementation and industry collaboration. A balanced approach is needed to ensure transparency without stifling the dynamism of digital advertising.
