After the Ministry of Information and Broadcasting concluded the meeting of media and advertising industry stakeholders with no resolution, following the Supreme Court order that all advertisers/advertising agencies must submit a self-declaration certificate (SDC) before publishing or broadcasting any advertisement, the industry bodies are to take legal recourse and ask for the Supreme Court’s intervention.
While the advertising industry and related bodies want to abide by the applicable laws and regulations and engage in truthful advertising, the order and SDC mechanism have made compliance impossible, said a source close the development. “It’s set up for failure in its current form,” they said.
Read More: Self-declaration certificate for ads: No resolution for concerned stakeholders
The SC had issued a directive in its order on SDC on May 7, 2024. Following which, the MIB 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 authorised representative of the advertiser/advertising agency, needs to be submitted through these portals.
The stakeholders also have raised concerns that the portal introduced by the MIB was launched without any consultation with stakeholders.
Read more: Why digital advertisers find Self-Declaration Certificate for ads impractical
Further, having found ambiguities in the Order and practical difficulties among other concerns in the implementation of the SDC mechanism, the stakeholders are also urging authorities to define and sharpen the scope of the Order.
The MIB concluded the meeting on June 11, where industry stakeholders raised their concerns about the viability of the SDC mechanism and impact on the advertising and media industries. The meeting saw no resolutions and it was decided that on July 9 the Ministry will submit an affidavit on the actions taken so far on SDC in the top court. It will also have the opportunity to present reactions of stakeholders to the mandatory SDC directive and mechanism, and their representations. Until then advertisers, agencies and media owners are expected to comply with the order starting June 18, which was the deadline set.
In the past, The Indian Broadcasting and Digital Foundation has requested MIB to extend the compliance period by 45 days. The Indian Society of Advertisers (ISA) and Digital News Publishers Association (DNPA) has quoted the SDC mechanism as a formidable task and counter-productive and noted the challenges it may pose in digital advertising given its volumes and velocity.
In its representation to the MIB, the Indian Newspaper Society (INS) highlighted various legal ambiguities and interpretation challenges, apart from urging clarification regarding advertisement categories. The body noted there is no clarity regardings ads from Central/ UT or State government or political parties. Additionally, it further suggested that the SDC should be restricted to medical-related ads with claims of healing; such a targeted approach will help to streamline compliance efforts and address the concern of misleading health claims.
Read more: IBDF requests MIB to extend compliance period by 45 days for SDC