The Supreme Court on May 7 issued a directive that all advertisers and advertising agencies must submit a ‘Self-Declaration Certificate’ before publishing or broadcasting any advertisement.
Following the SC’s directive, the Ministry of Information and Broadcasting (MIB) introduced a new feature on the Broadcast Seva Portal for TV and radio advertisements and on Press Council of India’s portal for print and digital or internet advertisements. The certificate needs to be signed by an authorized representative of the advertiser or advertising agency and needs to be submitted through these portals.
The MIB has called a meeting of media and ad industry bodies on June 11 to discuss the issue of advertisers giving SDCs (from June 18) for broadcasting and publishing ads on TV, print, digital, and radio.
This ‘self declaration’ mandate has received mixed responses. Anupam Mittal, founder of People Group (shaadi.com) took to X to share that the introduction of a certificate feature is not viable.
“This is completely unviable. How will digital advertisers who create 100s of creatives a month comply with a directive like that? This will hurt our digital competitiveness globally by increasing costs and slowing us down,” he said.
This is completely unviable. https://t.co/0iC65sbNew@MIB_India How will digital advertisers who create 100s of creatives a month comply with a directive like that? This will hurt our digital competitiveness globally by increasing costs and slowing us down 🥲
— Anupam Mittal (@AnupamMittal) June 4, 2024
Another X-er Nitin Sabharwal agreed with Mittal’s tweet and in response added, “The other challenge is for intermediaries who broadcast these ads is to make sure they have all the paper trail or indemnify themselves from any possible fallout . From creator to distributor it will become crazier . Influencers will also have to file each creative rendition. With 100’s of creative and multiple resizes it’s a snowball downhill.”
Others believe that that the intent behind the directive is good but it needs to be implemented properly. Another X user said believes that the issuance is the outcome of the court directive to stop fraudulent herbal ads and financial scam app ads.
Abhishek Patil on X shared, “It’s the content or message the advt is trying to portray that needs compliance. Not the creative part or it’s presentation. I think the onus should lay with the product/service company to ensure whether the advts are not making false claims.”
Earlier, Manisha Kapoor, CEO and Secretary General of Advertising Standards Council of India (ASCI), stated that given the vast number of creatives that now need certification, this is a challenge that advertisers, agencies and media owners will need to gear up for.
Kapoor said that ASCI’s Advertising Advice service can support advertisers be compliant with the ASCI Code, which forms a key part of the Advertising Code under the Cable TV Network (Regulation) Act. This would help advertisers be more confident of their self-declarations which are now mandated for print. TV and Internet ads. Whether it is small or big advertisers, no ads would now be permitted on any media and channel without such a certification.
She added, “To avoid any disruptions in their campaigns, advertisers and agencies are advised to familiarise themselves with the portals and the requirements during the buffer period provided until the 18th of June, 2024.
The portal was activated on 4th June, 2024. 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 18th June, 2024.
The guidelines for using Broadcast Seva Portal/Press Council of India portal by Advertisers/Advertising Agencies for uploading Self-declaration Certificate are as follows:
Authorised Representative: An authorised representative of the advertiser/advertising agency shall submit the self-declaration certificate after signing the certificate on behalf of the advertiser/advertising agency. This ensures accountability and authenticity of the declaration. A valid mobile number and email ID of the applicant i.e. authorised representative of the advertiser/Advertising agency, are prerequisites for uploading the self-declaration certificate
Details of Advertisement to be filled in: This includes the following points:
Product/service being advertised
Advertisement Title
Brief description of advertisement in approximately 100-200 words, highlighting any specific features or claims made
in the advertisement
Full script of advertisement (in pdf file)
URL of advertisement audio/video for TV/radio/internet advertisement OR PDF of actual advertisement for print/static
internet advertisement
Proposed date of first broadcast/publishing of advertisement
Documents required before submission of the self-declaration certificate:
Letter of Authorisation: A Letter identifying the representative of the advertiser/advertising agency as one authorised to fill and submit the self declaration certificate shall be uploaded while filling details of the authorised representative) (Sample Format attached below)
Full script of advertisement: Advertisers need to provide the complete written script of the advertisement that will be published or broadcast. This script should include all dialogue, voiceovers, text displayed on-screen, and any other verbal or written content featured in the advertisement.
Advertisement video/audio file: Advertisers must submit the actual video/audio file of the advertisement through a URL. The advertisement video/audio file should accurately represent the content that will be aired or published. It should include visuals, audio, and any special effects or animations used in the advertisement. The source of the URL must be kept available for reference at any future dates.
CBFC Certificate if available-If the advertisement has been certified by the Central Board of Film Certification (CBFC), advertisers should provide a copy of the CBFC certificate.
Read More: MIB calls for meeting of ad industry on Self-Declaration Certificates
Mandatory fields:
All fields marked with an asterisk to be filled as mandatory and must be filled before submitting the self-declaration certificate.
Optional Fields:
CBFC Certificate and GST Details are optional fields, meaning they are not required for submission unless available. If the advertisement has been certified by the Central Board of Film Certification (CBFC), or if the advertiser has GST details related to the advertised product/service, they can provide this information.
Submission Process: Advertisers must ensure that all mandatory fields are filled accurately before proceeding with the submission. Incomplete or inaccurate information may lead to rejection or delay in processing. Once all required fields are completed and the self-declaration certificate is signed by the authorised representative, the advertiser can upload the document to the portal.
Acknowledgement and confirmation: Upon successful submission of self-declaration certificate, the applicant would receive an acknowledgement receipt.
Compliance: The requirement of self-declaration certificate is mandatory for all advertisers/advertising agencies to be released from 18.06.2024 onwards before they broadcast/publish any advertisement on electronic media, print media or internet.