All advertisers must submit 'Self-Declaration Certificate' before publishing, Supreme Court mandates

The certificate, signed by an authorized representative of the advertiser or advertising agency, must be submitted through these portals.

In a landmark decision, the Hon’ble Supreme Court, in Writ Petition Civil No. 645/2022-IMA & Anr. Vs. UOI & Ors., has mandated that all advertisers and advertising agencies must submit a 'Self-Declaration Certificate' before publishing or broadcasting any advertisement. Following this directive, the Ministry of Information and Broadcasting has introduced a new feature on the Broadcast Seva Portal for TV and radio advertisements, and on the Press Council of India’s portal for print and digital/internet advertisements. The certificate, signed by an authorized representative of the advertiser or advertising agency, must be submitted through these portals.

The portal will be activated on June 4, 2024. The Self-Declaration Certificate will be required for all new advertisements issued, telecast, aired, or published on or after June 18, 2024. To allow stakeholders sufficient time to familiarize themselves with the new process, a two-week buffer period has been provided. Ongoing advertisements are currently exempt from this self-certification requirement.

The Self-Declaration Certificate must 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 the 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. According to the Supreme Court’s directive, no advertisement will be allowed on television, print media, or the internet without a valid Self-Declaration Certificate.

This directive by the Supreme Court aims to ensure transparency, consumer protection, and responsible advertising practices. The Ministry of Information and Broadcasting urges all advertisers, broadcasters, and publishers to comply diligently with this new requirement.