• The Supreme Court threatened all adverts by preventing them from carrying the Self-Declaration Certificate on 18th June 2024.
• The advertisers and agencies will comply with the new directive to maintain transparent and ethical advertisements.
• The certificate has strived to save the customer from false claims and extract reality from the content.
• Submission portals will go live on 4th June 2024, and stakeholders will have two weeks to introduce themselves.
• This should increase the standards in the industry and create more reliable advertising space.

Rollout of the Directive

Advertisers and agencies shall provide a Self-Declaration Certificate duly issued in accordance with the Supreme Court ruling on any advertisement published or broadcast. To facilitate this, the Ministry of Information and Broadcasting established a new feature on the Broadcast Seva Portal for television and radio advertisements, whereas the Press Council of India did the same for print and digital adverts. The portals are set to be launched on 4th June 2024 that will give two weeks of buffer time to the stakeholders to get familiar with the entire system.

• Broadcast Seva Portal for TV and radio ads.
• Press Council of India Portal for print and digital ads.
• Portals will be functional from 4th June 2024.
• Advertisers are given the deadline of 18th June 2024 to comply with the directive.
• This compliance is to avoid false or misleading advertisements.

2. Benefits of Self-Declaration Certificates

The Self-Declaration Certificate adds value to any advertisement. Firstly, it prevents false advertisements from causing harm to consumers. It provides a level playing field as it ensures that all advertisers play by the same rules. It fosters transparency and trust between consumers and advertisers. It helps in effective regulation by reducing the regulatory burden. Finally, it enhances the reputation of the industry and places Indian advertising in a more responsible and trustworthy footing.

• Consumer protection through verified advertising claims.
• Ensures a level playing field for all advertisers.
• Fosters transparency and builds consumer trust.
• Reduces regulatory burden through efficient regulation.
• Enhances the reputation of the advertising industry.

3. How and When to Submit the Certificate

From 18th June 2024, all advertisers are mandatorily required to file their self-declaration certificate before publishing any advertisement. The procedure comprises the selection of the apt portal, acceptance of the deadline to submit, appointment of an authorised representative, and e-submission. There is a requirement to maintain proof of upload so that it stays compliant and away from legal issues.

• Select the right portal: Broadcast Seva Portal or Press Council of India Portal.
• File before 18th June 2024.
• Ensure an authorized person will sign the certificate.
• Use a designated channel to make an e-submission.
• Avail proof of upload is available for future use and compliance.

4. Role of Regulators

While the actual regulatory bodies responsible for adopting this new directive are the Ministry of Information and Broadcasting (MIB) and the Press Council of India, these organizations would monitor the submission of the Self-Declaration Certificate and enforce the guidelines on advertisers, broadcasters, and publishers. The MIB has also requested stakeholders to welcome the change so they can propel a responsible advertising culture.

• The Ministry of Information and Broadcasting will monitor TV and radio commercials.
• Press Council of India will monitor print and digital commercials.
• Regulatory authorities will make sure that the new rules are implemented.
• Various stakeholders are to be approached to adopt responsible advertisement.
• The regulatory authority will ensure the smooth handling of transitional affairs.

5. Transparency and Consumer Protection

The Supreme Court’s ruling is to ensure transparency in advertisement, as advertisers will be made liable for the claims they raise. With the Self-Declaration certificates, the court takes this avenue to prevent the circulation of false information and ensures all advertisements are compliant with the law. In turn, it guarantees that consumer protection improves immensely because advertisements give out truthful and factual information.

• Manages the liability that advertisement poses towards the claims.
• Does not allow the spread of false or misleading information.
• Safeguards the consumer by providing truthful and accurate advertisements.
• All advertisements comply with legal requirements.
• It improves the credibility associated with the advertising industry.

6. Adaptation Period

To make it an effective transition, the Supreme Court has given a two-week adaptation period from 4th June 2024. During that period, all advertisers, broadcasters, and publishers will familiarize themselves with the new portal systems and the process of submitting Self-Declaration Certificates. By 18th June 2024, all stakeholders should have first-hand experience with the compliance.

• A weeks adaptation period was given for familiarization.
• Portals will be launched on 4th June 2024.
• Advertisers should make complete preparations by 18th June 2024.
• All stakeholders are advised to prepare in advance without waiting for the last minute of transition hitches.
• It helps ensure an easy transition to the new system.

7. Broader Implications

The trend toward Indian advertising becoming more responsible is best reflected in the need for Self-Declaration Certificates. The Supreme Court requires these certificates to improve Indian advertisements in terms of their ethical standards. It also assigns India a higher rating on the transparent guidelines of advertising practices and becomes an ideal model to be followed by other nations.

• It brings Indian advertising in tune with international standards.
• Implies commitment to advertising ethics.
• Enhances India’s reputation for transparent advertisement.
• Benchmark in advertising practices around the world.
• Encourages more responsibility in the advertising industry.

8. Compliance and Best Practices for Self-Declaration Certificates

Advertisers must follow best practices to ensure compliance with the Self-Declaration Certificate directive. First, they must scrutinize all advertisements diligently to avoid misleading claims. Secondly, they must stay up to date with any regulatory changes. Thirdly, the authorized signatories must be well-informed regarding the content of the advertisement. Lastly, they must maintain a thorough record of all the certificates.

• Scrutinize all advertisements diligently.
• Maintain updated intelligence on regulatory changes and requirements.
• Ensure that the signatories are properly informed.
• Keep proper records of all certificates.
• Practice best compliance procedures to avoid legal controversies.

Final Thoughts

• A new age has dawned, as mandated by the Supreme Court for India’s transparent advertising.
• The Self-Declaration Certificate will protect consumers from false declarations.
• This change should be adhered to by the advertisers for ethical practice.
• Industry and consumers will become more believable once the new regime is put in place.
• This initiative ensures that India stands out as a nation that takes advertising seriously in the global arena.

The implementation of Self-Declaration Certificates marks a watershed moment for Indian advertising. It safeguards the consumer but is also bound to promote ethical and transparent advertising. Adhering to best practices, as envisaged in the directive issued by the Supreme Court, will be a committed attempt to create truthful and believable advertising.