The Ministry of Information and Broadcasting (MIB) issued a new advisory on Wednesday, requiring advertisers in the food and health sectors to submit a Self-Declaration Certificate (SDC) annually. This advisory, which supersedes all previous advisories, aims to ensure compliance with a recent Supreme Court ruling and protect consumer rights.
The Supreme Court of India, in its order dated May 7, 2024, in WPC No. 645/2022-IMA & Anr. Vs. UOI & Ors., emphasised the fundamental right to health. The Court directed that consumers should be aware of the quality of products offered for sale. To address this, it mandated a Self-Declaration Certificate from advertisers. Advertisers and advertising agencies in the food and health sectors must submit an SDC before any advertisement is printed, aired, or displayed. The SDC must be uploaded on the Broadcast Seva Portal for TV and radio advertisements and on the Press Council of India (PCI) portal for print and internet advertisements.
“Commitment to honest advertising remains paramount and the industry must continue its commitment to being compliant with all applicable laws. Advertising is under increased regulatory scrutiny and advertisers and agencies should take the required steps to ensure compliance. This is true across sectors” Manisha Kapoor, CEO and secretary general, Advertising Standards Council of India (ASCI), said.
The ministry has created a dedicated portal for uploading the SDC, which is now active. As per the advisory, advertisers must ensure the SDC is uploaded and provide proof of uploading to the concerned broadcaster, printer, publisher, TV channel, or electronic media. Moreover, advertisers and advertising agencies are responsible for ensuring that every advertisement adheres to applicable Indian laws, rules, and regulations in letter and spirit and this new directive is mandatory and will be treated as the law declared by the Supreme Court under Article 141 of the Constitution of India.
Compliance steps for advertisers include visiting the Broadcast Seva Portal at [https://new.broadcastseva.gov.in] ( https://new.broadcastseva.gov.in ) for TV and radio advertisements, and the PCI portal at [ https://presscouncil.nic.in ]( https://presscouncil.nic.in ) for print and internet advertisements. Advertisers must upload the Self-Declaration Certificate annually and provide proof of uploading to the relevant media stakeholders for records.