Govt seeks self-declaration from advertisers before releasing ads

The government this week asked advertisers to submit a self-declaration certificate that their advertisements comply with regulations and do not contain misleading claims.

The government’s decision follows a Supreme Court directive last month which said that advertisers and advertising agencies must submit the certificate before publishing or broadcasting any advertisement across television, radio, print, and digital, will need the certificate.

The ministry of information and broadcasting said it has added a feature to add the certificate signed by an authorized representative of the advertiser for TV and radio advertisements on its broadcast seva portal and for print and digital advertisements on the Press Council of India’s portal.

The portal will become active on 4 June, and advertisers will need to obtain the certificate for all new advertisements that will be issued, telecast, aired, published on or after 18 June.

A buffer period of two weeks has been kept for providing sufficient time to all stakeholders to familiarize themselves with the process of self- certification, the government said, adding that ongoing advertisements do not require the self-certification currently.

Advertisers will need to provide proof of uploading the certificate to the relevant broadcaster, printer, publisher, or electronic media platform for their records. 

The Supreme Court has said that no advertisement would be permitted to run on television, print media, or the internet without a valid certificate.

The directive comes after the Supreme Court took a tough stand in a hearing against Patanjali Ayurved, a company, “known for its Ayurvedic products as well as its criticism of modern medicine.”

The hearing stemmed from a petition filed by the Indian Medical Association (IMA) against alleged claims made by Patanjali regarding its products and its subsequent misleading advertising. 

The Supreme Court has allowed for a two-week buffer period, which exempts ads currently running, while advertisers familiarize themselves with the new process. 

The broadcast seva portal can be used to submit certificates for television and radio advertisements, while the Press Council of India portal will accept the certificates for print and digital media advertisements. 

By 18 June, all the new advertisements must possess the certificate, and they must also provide proof of uploading the certificate to the media outlet.

A representative of the agency or advertiser will be required to sign the certificate prior to submission.