I&B Ministry mandates self-certification by advertisers, agencies before publishing all advertisements

The Ministry of Information & Broadcasting, Government of India in a press release issued on June 3, 2024 informs that all advertisers/advertising agencies shall submit a ‘Self-Declaration Certificate’ before publishing or broadcasting any advertisement. This move is aimed at preventing release of any misleading advertisements.

The I&B Ministry refers to the Supreme Court (Writ Petition Civil No. 645/2022-IMA & Anr. Vs. UOI & Ors.) directive in the Order dated 07.05.2024 with regard to the ‘Self-Declaration Certificate’ that advertisers/agencies are called upon to furnish before publishing or broadcasting any advertisement.

The Ministry has subsequently 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 authorised representative of the advertiser/advertising agency, needs to be submitted through these portals.

The portal were to be activated on June 4, and 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.

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 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 press release states.

In the release, the Ministry has not made a clear mention of the process of self-certification for OOH advertising, although at a broad level there is a statement that “all advertisers/advertising agencies shall submit a ‘Self-Declaration Certificate’ before publishing or broadcasting any advertisement.”