The Supreme Court of India has ordered that all advertisers/advertising agencies must submit a ‘Self-Declaration Certificate’ before publishing or broadcasting any advertisement. The directive aims to ensure consumer protection and responsible advertising practices. We asked stakeholders about the key issues that the industry needs to resolve before the directive comes into force on June 18. Edited excerpts:
Column #1
Header: ‘Question of responsibility remains unanswered’
By Amit Wadhwa
In principle, the move is right because it is encouraging advertisers to be responsible. At the end of the day, we are talking to consumers and we have to ensure that they are being given the right information. However, it remains to be seen how it will be implemented and to what extent agencies will be impacted.
Will advertising agencies also have to bear responsibility? There are some unanswered questions at the moment. It might be an area of concern if liability is also placed on the creative agency. We can do our checks and due diligence but we may not be able to ensure that all claims in the advertisement are valid. However, agencies that knowingly put out false claims and misleading information are definitely responsible, though cases like these are far and few between.
The reality is that agencies are communication experts but we’re not product experts and do not have the expertise to validate claims about health, nutrition or pharma for example. The onus will ultimately rest with the advertiser. The good thing we’re seeing though is that most brands are responsible and careful to not tread on dangerous territory.
The author is CEO, Dentsu Creative India
Column #2
Header: ‘Collaboration is the answer to this double-edged sword’
By Sonali Banerjee
Let’s break the rule down and see how it might shake things up for all of us.
Pros: Faster ads, bolder ideas?
n Faster approvals: Imagine getting those ad ideas out there before the trend goes cold! No more waiting forever.
n Creative freedom unleashed: Agencies might have more freedom to come up with wild and creative stuff. No more endless tweaks to please a committee.
n Keeping up with the times: People’s attention spans are shorter than ever. Being able to react quickly and change ads on the fly becomes a superpower.
Cons: Wild west or quality check?
n Uh oh, bad ads? Without double-checking things, could some dodgy ads sneak through? We don’t want to be bombarded with junk.
n Who’s to blame? If something goes wrong, who takes the heat? Blurring the lines of responsibility could lead to finger-pointing.
n Race to the bottom? Will everyone just start throwing out any old ad to get ahead? We need to keep the quality bar high.
The verdict: Teamwork makes the dream work
This new rule is a bit of a double-edged sword. Speed and freedom sound great, but making sure the ads don’t hurt the brand is key. The answer? Collaboration! Imagine a world where agencies have more control, but also clear guidelines and open communication with clients. This could lead to a wave of innovative ads that people like, while keeping things responsible.
The author is senior creative director, BC Web Wise
Column #3
Header: ‘Several roadblocks to implementation’
By Isaac Jacob
The Ministry of Information and Broadcasting’s announcement of self-regulation by advertisers before publishing in print, broadcast and digital is a much-required policy. While many kudos are in order, there can be many a slip between cup and the lip in its adherence. The industry is well-known for the last-minute surge to breast the tape to meet the media release date. In such a state of mad rush, is it feasible to submit a self-declaration certificate before release? The million-dollar question here is how will this be followed for the digital campaign releases. We have gone past the days when scripts had to be approved before filming. With digital being the largest and first-used media segment in many cases, is this concept feasible?
Indiscriminate use of influencers, micro-influencers and celebrities have significantly vitiated customer objectivity in assessing appeals based on functional differentiators. How can the world’s best cricket batsman convince the buyer about the ‘best’ air conditioner brand? Has he used it to convince the buyer? Then how? Objective decision perhaps has been sacrificed at the altar of effective appeals. There seems to be more fluff promoted by some influencers than stuff about the brand to convince buyers. Will the agency on the campaign use this in the self-disclosure document?
As much as the organisation should be held accountable for their products, the brand ambassadors (celebrities, influencers) should also have a moral obligation towards their followers.
Compliance and adherence to truth in claims, policing the ads and taking the necessary punitive action when necessary are the roadblocks to implementation.
The author is Professor Emeritus, marketing, K J Somaiya Institute of Management
Column #4
Header: ‘Can delay release, muzzle creativity’
By Rajeev Garg
One of the primary benefits of this mandate is the increased accountability it demands from advertisers. Additionally, the transparency provided by public access to these certificates allows consumers to verify claims. The mandate also reduces misleading advertisements.
However, there are challenges associated with implementing it, particularly in the digital ecosystem. Digital advertising differs greatly from traditional media, with thousands of creatives running simultaneously. While it may be feasible to provide self-declarations once or even once a year for a digital platform, clarity is needed regarding whether this must be done for every single ad. If so, it becomes a cumbersome task. The detailed information for certificate submission adds an administrative burden as well.
This could impact creativity, diverting resources from creative tasks and affecting the agility needed for digital advertising.
The author is co-founder & CCO, ETML