MIB Considers Easing Self-declaration Rules For Ads

The Ministry of Information and Broadcasting (MIB) is considering reducing the number of sectors requiring self-declaration certificates (SDCs) for advertisements. The decision came after a high-level meeting with industry representatives and digital advertising companies like Google and Meta (Facebook) on Tuesday, June 25, 2024.

Additionally, the Ministry has resolved to form a 'core committee' comprising key stakeholders, including advertisers, to ensure fair representation before presenting the matter to the top court on July 9th.

The meeting, chaired by Information & Broadcasting Secretary Sanjay Jaju also included representatives from major industry bodies such as the Department of Consumer Affairs, Indian Broadcasting and Digital Foundation (IBDF), News Broadcasters and Digital Association (NBDA),  Indian Society of Advertisers (ISA), Advertising Agencies Association of India (AAAI), Internet and Mobile Association of India (IAMAI), Digital News Publishers Association (DNPA), Indian Newspaper Society (INS), Association of Radio Operators for India (AROI), FICCI, CII, Google, Meta and the Advertising Standards Council of India (ASCI). 

According to media reports, the Ministry of Information and Broadcasting is considering streamlining the process for obtaining self-declaration certificates. This comes in response to industry feedback received during the meeting. Representatives from various advertising and media sectors expressed concerns that the current SDC requirements were having a detrimental impact on the advertising industry's operations and growth.

A proposal was made to form a small committee to work with the Joint Secretary to address all the industry’s concerns and challenges comprehensively, avoiding a standalone representation, according to reports. This approach will enable the Ministry to incorporate all major concerns and issues raised into the affidavit they plan to submit on July 9.

The development follows a Supreme Court ruling on May 7, 2024, which mandated that advertisements must undergo review before broadcast. The court directed advertisers and agencies to submit self-declarations to the MIB's Broadcast Seva Portal prior to an ad's publication, airing or display of TV and radio ads and on the Press Council of India’s (PCI) portal for print and digital/internet ads. The certificate, signed by an authorised representative of the advertiser or advertising agency, must be submitted through these portals.
To date, the PCI portal has received approximately 35,000 SDC submissions, while the BSP portal has seen around 5,000 submissions.

For print and digital advertisements, the Supreme Court instructed the MIB to establish a new portal within four weeks of the ruling. The court explicitly stated, “No advertisements shall be permitted to be run on the relevant channels and/or in the print media/internet without uploading the self-declaration as directed above.”

During the meeting, the Department of Consumer Protection was questioned about lapses and the actions taken so far to strengthen the roles and responsibilities for implementing the current Order. Overall, while addressing the issues and adopting a more flexible approach, the Ministry noted that it is working on refining the regulation to simplify it for the industry, focusing specifically on the food and health sectors.