New Delhi: The Indian Society of Advertisers has expressed significant concerns to the Ministry of Information and Broadcasting (MIB) regarding the proposed self-declaration process for advertisements.
In a detailed letter addressed to the Secretary, Sanjay Jaju, Ministry of Information and Broadcasting, the society highlighted the urgent need to delay the implementation of this process until their concerns are addressed by the Supreme Court.
The society acknowledged the MIB’s efforts to bring transparency and accountability to the advertising industry. However, they pointed out several critical issues that need resolution before moving forward. Among the primary concerns is the confidentiality of assets. The current upload process is not secure, potentially exposing sensitive materials to public access, which is particularly problematic for new product launches.
“Technical issues also plague the platform. Advertisers have reported frequent lagging and system hang-ups, complicating the uploading process. Additionally, obtaining an OTP for account creation has been problematic for some members,” read the letter written by Sunil Kataria, the Chairman of Indian Society of Advertisers.
The letter further stated that there is also confusion surrounding the scope of assets and platforms.
“Advertisers are uncertain whether Key Opinion Leader (KOL) assets, social media posts, or digital assets in various formats require certification. The process’s complexity is further compounded by questions about the validity period of certificates, the need for reapplication, and the timeline for uploading applications before the campaign starts”
The letter also addresses updates and edits to advertisements. Advertisers are concerned about the protocol for changes to creative content after application submission and the potential for misalignment between self-certification and actual advertisement claims.
According to the letter, specific cases and exceptions further complicate the process. Advertisers seek clarity on whether self-declaration is needed for new communications or simple social media posts, including those released post-June 2024 or for earlier ads. The inclusion of influencer content in this requirement is also a point of confusion.
The letter read that the directive will also raise questions about authority and responsibility Advertisers need clarity on whether the signing authority can be any employee, the legal liability involved, and the ability of advertising agencies to undertake the process on behalf of advertisers.
Certification specificity is another area of concern. Advertisers are uncertain whether one application can cover all languages and edit durations or if separate applications are needed for each variation. The process for digital posts, program integrations, advertorials, and print ads also needs clarification.
The letter concludes with specific queries related to the banking, financial services, and insurance (BFSI) sector, where time-sensitive and confidential advertisements are common. Advertisers in this sector face additional challenges in complying with the new requirements due to frequent changes in elements like interest rates and the need for confidentiality before release.
The India Society of Advertisers urged the Ministry to understand the gravity and practical implications of these concerns. They believe postponing the implementation until the Supreme Court resolves these issues will allow the industry to comply more effectively with the new regulations.
