The Advertising Standards Council of India (ASCI) has announced a significant directive from the Supreme Court that will impact advertisers and advertising agencies nationwide. According to the directive issued, starting June 18th, 2024, a Self-Declaration Certificate must be submitted prior to publishing or broadcasting any advertisement.
According to the directive, before broadcasting or publishing any advertisement on TV channels, print, or digital media, it is mandatory for every advertiser to submit a self-declaration certificate signed by an authorized representative of the advertiser or company. This certificate must be submitted through the Broadcast Seva Portal of the Ministry of Information and Broadcasting (MIB) before telecast on TV channels (website: https://new.broadcastseva.gov.in/disieov-portal-web-app/index.isp) and in respect of print and digital media through the Press Council of India (PCI) portal (website: https://presscouncil.nic.in/).
The self-declaration certificate should attest that the advertisement does not make any misleading claims and complies with all relevant regulatory guidelines, including but not limited to those stipulated in Rule 7 of the Cable Television Networks Rules, 1994, and Norms of Journalistic Conduct related to advertisements issued by PCI, as directed by the Supreme Court This requirement of self-declaration by all advertisers and advertising agencies is mandatory for advertisements released after June 18, 2024.
All broadcasters and publishers are directed to strictly adhere to this requirement and refrain from broadcasting or publishing any advertisement until and unless a valid self-declaration certificate is submitted by the advertiser.
It is the responsibility of broadcasters and publishers to ensure that advertisers have submitted the requisite self-declaration certificate before airing their advertisement. The authenticity of these certificates may be verified through the Broadcast Seva Portal of this Ministry or PCI Portal. Any advertisement found to be broadcast or published without the necessary self-declaration certificate may be in violation of the Supreme Court directive, and appropriate action would be taken as per the other relevant statutes.
This applies to private satellite TV channels, newspapers registered under the Press & Registration of Periodicals Act, 2023, publishers of news and current affairs content on digital media, and publishers of online curated content (OTT platforms).
Compliance Procedure:
Portal Activation: A new feature on the Broadcast Seva Portal for TV and Radio Advertisements, and the Press Council of India’s portal for Print and Digital/Internet Advertisements, will be activated on June 4th, 2024.
Submission Process: An authorized representative of the advertising organization must sign and submit the Self-Declaration Certificate through these portals.
Proof of Submission: Advertisers must provide proof of uploading the Self-Declaration Certificate to the relevant broadcaster, printer, publisher, or electronic media platform for their records.
Buffer Period for Transition:
To facilitate a smooth transition, a two-week buffer period is provided, allowing stakeholders to familiarize themselves with the new process. During this period, ongoing advertisements do not require self-certification.
