MIB Drafts Rules For Online Ads, Influencer Marketing

The Ministry of Information and Broadcasting (MIB) is currently drafting rules to regulate online advertisements including influencer marketing.

In a statement to the Parliamentary Standing Committee on Communications and Information Technology, the Ministry noted, "MIB is in the process of formulating rules for regulation of online advertisements as per allocation of business. The committee would like to be apprised of the status of formulation of these rules for regulations of online advertisements."

The committee’s Third Report on the Demands for Grants (2024-25) of MIB was published on 16 December 2024.

Following a Supreme Court directive issued on 24 May 2024, the Ministry introduced a new feature on the Broadcast Seva Portal for TV and radio advertisements, as well as on the Press Council of India’s portal for print and digital/internet ads. The feature requires advertisers or advertising agencies to submit a certificate signed by an authorised representative.

However, the 'self-declaration certificate/mechanism' raised significant concerns about its practicality in a rapidly evolving, creative and high-volume advertising landscape. Consequently, its implementation was limited to advertisements in the food and health sectors.

To promote responsible digital advertising, the Ministry introduced the Digital Advertisement Policy in November 2023. This initiative empowers the Central Bureau of Communication (CBC), the government’s advertising arm, to manage campaigns within the digital media space.

The policy aims to enable the CBC to disseminate information and raise awareness about various schemes and programs run by the Central government.

Currently, the Central Consumer Protection Authority (CCPA) regulates multiple advertising categories, enforcing obligations on advertisers to curb misleading practices, including bait advertising, surrogates, and ads targeted at children. Meanwhile, the Advertising Standards Council of India (ASCI) monitors and addresses violations in digital advertising.

Despite these frameworks, digital media has reported the highest instances of ASCI guideline breaches and non-compliance.