The recent Supreme Court Mandate on Self-Declaration Certificates for Advertisements has raised multiple concerns among advertisers and advertising agencies.
This blog post analyzes this new law and its implications in detail.
Let’s dive in.
What are Self-Declaration Certificates For Advertisements?
Self-declaration certificates, in simple terms, are certificates promising that the advertisement does not have misleading claims and follows advertising regulations.
This certificate is mandatory for all advertisements in India released from June 18, 2024. Before this law came into effect, advertisements in India didn’t have a “pre-approval” system.
It only had to comply with the regulatory guidelines like Rule 7 of the Cable Television Networks (CTN) Rules, 1994, and the Norms of Journalistic Conduct of the Press Council of India.
Aim
Self-Declaration Certificate for advertisements aims to:
- Ensure transparency
- Enforce responsible advertising practices
- Protect consumers from misleading ads
Applies To:
- All new advertisements from June 18, 2024, that are published, printed, or broadcasted on any platform or channel.
How To Submit a Self-Declaration Certificate?
Now, let’s look at a breakdown of the whole process:
Where To Submit
Advertisers or advertising agencies have to access the following two portals to submit the self-declaration certificates:
- Print and Internet Advertisements: Submit on the Press Council of India (PCI) Portal.
- TV and Radio Advertisements: Submit on the Broadcast Seva Portal managed by the Ministry of Information and Broadcasting (MIB).
Requirements
Advertisers or advertising agencies have to register on the above-mentioned portals.
7 Steps To Submit a Self-Declaration Certificate for Advertisements
Step 1:
Register as an advertiser using the sign-up option in the portal.
You will have to submit the Letter of Authorisation to complete the sign-up.
Step 2:
Log in using your credentials.
Step 3:
You will see the option to generate a self-declaration certificate.
Step 4:
You will see three options under the section “for publication in”: print, internet (video), and internet (static). Choose the right option and fill in the required fields. You have to upload the advertisement along with a brief description of its content.
Then hit the submit button.
Step 5:
Go to the “Upload the signed self-declaration certificate” section.
Step 6:
Now download the unsigned certificate and upload the signed one.
Step 7:
You can view the signed self-declaration certificate in the dashboard.
Background
The order was issued based on the case regarding Patanjali’s misleading advertisements. The Indian Medical Association filed a case against Patanjali’s claims regarding their products.
These advertisements presented the products as cures for serious diseases and didn’t have the scientific proof to support it. The petitioner pointed out that such ads may lead people to disregard proven medical treatments.
The Supreme Court, thus put forth the “Self-Declaration Certificate for Advertisers”. The court observed the need for responsible advertising and held the advertisers, advertising agencies, and endorsers responsible for issuing misleading claims.
Impact On Advertisers
As this is a mandatory process, advertisers are concerned about the practicality of the process. It is a time-consuming and tedious process to submit self-declaration certificates for advertisements across all platforms.
“While these guidelines are instrumental in preventing misleading advertisements, they also introduce complexities regarding the responsibility of signing the mandate. The ambiguity lies in whether this responsibility should rest with the brand or the agency. Given that every creative output is vetted by the brand and adjusted according to their brief, this creates considerable confusion.
From my perspective, a clear delineation of roles and responsibilities is crucial. It is imperative that the guidelines specify who holds the ultimate accountability to avoid any operational disruptions and to ensure that all parties are aligned in their understanding and execution of these mandates. This will not only streamline the process but also uphold the integrity of advertising practices.”
Analyzing The Mandate
Here are the merits and demerits of the mandate:
Merits
- Enforces responsible advertising
- Protects consumers from false claims
- Holds advertisers, agencies, and endorsers accountable
Demerits
- The process is time-consuming and requires many resources
- Getting a certificate for all advertisements regardless of the platforms has practical issues like server support
- Advertisers and agencies will face the risk of confidentiality as every ad requires pre-approval
- Who will upload the self-declaration certificate is a real concern
- It is only a “pre-approval” process without scrutiny
- Difficult for small businesses to handle
Key Takeaways
Although the intent of the mandate is positive, the sheer volume of advertisements has to be considered. Moreover, digital platforms already have a set of regulatory guidelines to prohibit misleading claims. Further discussions are going on to simplify the process.
Stay in the loop to find out more!
Click here to view the press release.
Get the guidelines from Broadcast Seva.
He is Kerala's favourite digital marketer with a strength of 100+ team members and 100+ clients from Asia and the middle east.
Cross-functional experience in Paid Advertising, Content Marketing, CRO, Social media Marketing, Automation & E-commerce.
Also Featured in TEDx, The New Indian Express , Malayala Manorama, Startup Story Media, Josh talks, and more.
