The Indian Society of Advertisers (ISA) argued in its representation to the Ministry of Information and Broadcasting that the order from the Supreme Court requiring the submission of a ‘self-declaration certificate’ is not only at odds with the government of India's initiative to promote ‘ease of doing business’, but that increased compliance also results in administrative burden, stifling creativity and that such a delay in advertising can have wider economic implications.
The national group for marketers expressed reservations about the SDC mechanism's execution, citing uncertainties and practical challenges among other issues. It also offered tenable recommendations for bolstering the current measures to prevent deceptive advertisements.
Advertisers must follow all applicable laws and regulations and engage in truthful advertising; ISA recognised this responsibility in its letter dated May 27, in its representation dated June 10, and in its meeting with the Ministry of Information and Broadcasting (MIB) on June 11. However, ISA also noted the difficulties that advertisers may encounter with SDC.
After the Supreme Court ordered that all advertisers and advertising agencies file SDC before printing or transmitting any advertisement, the MIB called a close to the gathering of media and advertising sector bodies and stakeholders. Concerns regarding the SDC mechanism's viability and its effects on the media and advertising sectors were voiced by industry participants.
Representatives from Google, the Indian Broadcasting and Digital Foundation, the Advertising Standards Council of India, the Digital News Publishers of India (DNPA), and senior media executives attended the conference.
The directive doesn't make it clear whether the advertiser, the advertising agency, or both must upload the SDC; there is also uncertainty over the possible enforcement actions for infractions. These were just a few of the ambiguities found in the system. ISA expressed concern as well that competitors would be able to view the declarations that an advertiser uploads. Additionally, it pointed out that the wording in some sections of the Advertisement Code is excessively general, open-ended, uses ambiguous terminology, and places unjustifiable limitations on the right to free speech and expression.
Along with sharing the suggested remedy, ISA also requested that MIB improve the implementation of current rules and regulations and reinforce the existence of the self-regulatory organisation, ASCI. It also offered alternatives to the SDC system, such as requiring each advertiser to submit a one-time undertaking before to engaging in any form of advertising.
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