In response to Writ Petition Civil No. 645/2022-IMA & Anr. Vs. UOI & Ors., the Supreme Court has mandated a ‘Self-Declaration Certificate’ for all advertisers and Advertising Agencies prior to the publication or broadcasting of any advertisement, as per its Order dated 07.05.2024.
The Ministry of Information and Broadcasting has consequently 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, in compliance with this directive.
Effective from 18th June, 2024, all new advertisements must be accompanied by this certificate, signed by an authorized representative, certifying compliance with regulatory guidelines and absence of misleading claims.
The Ministry has provided a two-week buffer period, activating the portal on 4th June, 2024, to facilitate stakeholders in familiarizing themselves with the self-certification process. Ongoing advertisements are exempt from this requirement.
Failure to obtain a valid Self-Declaration Certificate will result in the prohibition of advertisement broadcast or publication, as mandated by the Supreme Court. This directive underscores the court's commitment to transparency, consumer protection, and responsible advertising practices, urging strict adherence from all advertisers, broadcasters, and publishers.