Introduction:

The rising instances of misleading advertisements is undoubtedly an issue that needs to be addressed to ensure accountability from advertisers and brands and to combat associated consumer harms, especially when it comes to health, education and finance related advertisements.

In line with the Supreme Court’s directive, no advertisement will be permitted to run on television, print media, or the internet without a valid self-declaration certificate starting from June 18, 2024.

Following the Hon’ble Supreme Court’s directive, the Ministry of Information and Broadcasting has 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.

 

Portals for generation of self-certificate by all advertisers/advertising agencies:

• In case of TV/Radio advertisements, it shall be https://new.broadcastseva.gov.in
• In case of Print or Internet advertisements, it shall be https://presscouncil.nic.in

This applies to advertisements intended for release on Print, Television, Radio, and Internet.

 

Important Directions:

Advertisers/advertising agencies are directed to visit the designated portal to generate the necessary self-certificate by submitting the requisite information.

Publishers/Broadcasters/Internet Platforms to publish, broadcast or telecast an advertisement only if advertisers/advertising agencies submit a copy of the self-certificate for each specific advertisement.

This shall be mandatory for all new advertisements to be released from 18th June 2024 onwards.

 

Process for submission of self-declaration certificate:

• 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.
• Details to be filled in the Advertisement:

i.  Product/service being advertised

ii.  Advertisement Title

iii.  Brief description of advertisement in approximately 100-200 words, highlighting any specific features or claims made in the advertisement

iv.  Full script of advertisement (in pdf file)

v.  URL of advertisement audio/video for TV/radio/internet advertisement OR PDF of actual advertisement for print/static internet advertisement

vi.  Proposed date of first broadcast/publishing of advertisement

• 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.
• Upon successful submission of self-declaration certificate, the applicant would receive an acknowledgement receipt.

 

Important documents required to be submitted before self-declaration certificate:

• 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.
• 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.
• 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.
• If the advertisement has been certified by the Central Board of Film Certification (CBFC), advertisers should provide a copy of the CBFC certificate.

 

Important optional Fields for submission of self-declaration certificate:

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.

 

Conclusion:

In an age where we are aiming to automate tasks using AI (artificial intelligence) and reduce human intervention to improve productivity and efficiency in everything including advertising, this move will lead to an unprecedented burden on both the advertiser’s and the ministry’s end.

As the advertising industry adapts to these new regulations, the impact on the workflow and operations of brands and agencies remains to be seen. While the directions aims to curb misleading advertising practices, it may necessitate significant adjustments in how advertising campaigns are planned and executed.

 

Disclaimer:  This is an effort by Lexcomply.com, to contribute towards improving compliance management regime. User is advised not to construe this service as legal opinion and is advisable to take a view of subject experts.