In response to directives from the Supreme Court, the Ministry of Information and Broadcasting (MIB) has introduced a significant mandate requiring a “self-declaration” certificate for all new advertisements effective from June 18. This initiative aims to enhance transparency and accountability in advertising practices, aligning with regulatory guidelines and consumer protection standards.
Implementation Framework
The MIB has launched a new feature on the Broadcast Seva Portal to facilitate the streamlined submission of self-declaration certificates for television and radio advertisements. Additionally, agencies responsible for print and digital ads must submit the declaration, endorsed by an authorized representative of the advertiser, on the Press Council of India’s portal.
Compliance Timeline and Buffer Period
As per the Supreme Court’s orders dated May 7, self-declaration certificates will become mandatory for all new advertisements starting June 18. However, to facilitate a smooth transition, a two-week buffer period has been provided to allow ad agencies to familiarize themselves with the new norms. The portal went live on June 4, marking the commencement of this transformative process.
Certification Requirements and Documentation
Advertisers are required to certify that the advertisements do not contain misleading claims and adhere to relevant regulatory guidelines. The self-declaration must include details such as a description of the product or service, the full script of the ad, and the proposed date of broadcast or publishing. Agencies must also submit proof of uploading the certificate to the relevant publisher for record-keeping purposes.
Judicial Oversight and Industry Response
The Supreme Court’s directive underscores the need for a robust mechanism to oversee compliance with regulatory obligations and prevent misleading advertisements. However, some industry stakeholders, such as Anupam Mittal, founder and CEO of People Group, have expressed concerns regarding the viability and practicality of the mandates. Mittal highlighted potential challenges faced by digital advertisers in meeting the stringent requirements, citing potential implications for India’s digital competitiveness on a global scale.
Future Implications and Market Dynamics
The implementation of these mandates signifies a pivotal moment in India’s advertising landscape, particularly within the burgeoning digital advertising market. As stakeholders navigate the evolving regulatory framework, the industry is poised for transformation, with the digital advertising market projected to reach $7.1 billion by 2028. While opposition from ecosystem stakeholders may pose challenges, the mandates represent a crucial step towards fostering responsible advertising practices and safeguarding consumer interests.
Conclusion: Striking a Balance Between Regulation and Innovation
As the MIB enforces stringent self-declaration requirements for advertisements, it underscores the delicate balance between regulatory oversight and fostering innovation in the advertising ecosystem. While regulatory compliance is essential for consumer protection and transparency, it is imperative to address concerns raised by industry stakeholders to ensure a conducive environment for growth and competitiveness. As the advertising landscape continues to evolve, collaboration between government authorities and industry players will be crucial in shaping a sustainable and responsible advertising ecosystem in India.
