Govt eases mandate on self-declaration for ads

The information and broadcasting ministry Wednesday said self-declaration certificates (SDCs) are mandatory only for food and health advertisements, modifying its earlier notification that required SDCs for every ad across TV, print, radio and digital.

An advisory issued by the ministry said SDCs for products and services in food and health categories will have to be uploaded annually on Broadcast Seva and Press Council of India websites.

"In light of the directions of the Supreme Court of India and in supersession of previous advisories dated 03.06.2024 and 05.06.2024, advertisers and advertising agencies issuing advertisements for products and services related to the food and health sectors are advised to upload an annual self-declaration certificate and make available the proof of uploading the self-declaration to the concerned media stakeholders for the record," the ministry said.

It, however, clarified that advertisers and agencies will be responsible for ensuring that every ad issued by them is in adherence to applicable laws, rules, and regulations.

The move follows multiple meetings between the ministry and media bodies, and comes as a major relief for advertisers and their agencies. The original notification, issued on June 3, led advertisers grappling with implementation, particularly with respect to digital advertising.

"With the concerted effort of the industry bodies, the latest notification has, correctly in my view, limits the application to only ads that relate to health and food products, where the likelihood of damage to consumers is real and the focus of the SC order," said Abhishek Malhotra, founding partner at TMT Law Practice.

Brand managers also said the ministry's latest advisory gives much-needed clarity to advertisers. They also pointed out that the SC order was passed in context of health ads, and hence restricting SDC to food and health ads is the right decision.

The advisory comes just ahead of the July 9 hearing in the top court.