The Ministry of Information & Broadcasting, India, has recently issued a crucial advisory concerning advertising practices in compliance with a directive from the Hon’ble Supreme Court of India. This advisory, dated July 3, 2024, addresses advertisers, advertising agencies, and media stakeholders involved in TV channels, print media, and the internet.
Background and Directive:
The advisory stems from a Supreme Court order dated May 7, 2024, in response to Writ Petition (Civil) No. 645/2022-IMA & Anr. Vs. UOI & Ors., which emphasizes the fundamental right to health and consumer awareness regarding product quality. In accordance with this order:
- Mandatory Self-Declaration: Before any advertisement is printed, aired, or displayed, advertisers and advertising agencies must submit a self-declaration. This declaration aligns with Rule 7 of the Cable Television Networks Rules, 1994, and must be uploaded to the respective portals:
- Broadcast Seva Portal: For TV and radio advertisements (https://new.broadcastseva.gov.in)
- Press Council of India Portal: For print media and internet advertisements (https://presscouncil.nic.in)
- Proof of Upload: Advertisers must ensure that proof of uploading the self-declaration is provided to the concerned broadcasters, printers, publishers, or internet entities. This step is essential as advertisements cannot be aired or published without this mandatory self-declaration.
- Sector-Specific Compliance: Advertisers and agencies dealing with products and services related to the food and health sectors are specifically advised to upload an annual self-declaration certificate on the designated portals. This ensures ongoing compliance with the Supreme Court’s directives.
- Legal Compliance Responsibility: Advertisers and advertising agencies bear the responsibility to ensure that every advertisement they issue complies fully with all applicable Indian laws, rules, and regulations. This includes adherence to the self-declaration requirement and any other relevant guidelines.
Points to Avoid Legal Issues:
To avoid legal repercussions and ensure smooth compliance with the new rule, agencies and advertisers should consider the following:
- Timely Submission: Adhere strictly to deadlines for uploading self-declarations to the designated portals.
- Accuracy and Completeness: Ensure that all required information is accurately provided in the self-declaration to prevent discrepancies or delays.
- Documentation: Maintain records and proof of upload for all advertisements issued, as these may be required for verification.
- Sector-Specific Guidelines: Adhere to any additional sector-specific guidelines or regulations that may apply, particularly for sensitive sectors like food and health.
By following these guidelines, stakeholders can not only comply with legal requirements but also contribute to enhanced consumer protection and transparency in advertising practices across various media platforms.
This advisory, issued with the approval of the competent authority, underscores the Ministry’s commitment to upholding legal standards while fostering responsible advertising practices in India. For further information or clarifications, stakeholders are encouraged to refer to the designated portals and regulatory bodies mentioned in the advisory.
Conclusion:
The Ministry’s advisory represents a significant step towards ensuring that advertising practices in India uphold consumer rights and adhere to legal standards. It is imperative for all concerned stakeholders to comply diligently with the new requirements to avoid any legal implications and to contribute positively to the advertising ecosystem in the country.
