MIB Modifies Order, Mandates Self Declaration Certificates Only For Food & Health Ads

Amid outcry from industry stakeholders, the Ministry of Information and Broadcasting (MIB) on Wednesday (July 3) reportedly said that “self declaration” certificates will only be mandatory for food and health advertisements. 

The modification comes a month after the Ministry, following Supreme Court’s (SC) directions, mandated certification for all new digital, broadcast and radio ads from June 18.

As per Economic Times, a latest advisory issued by the MIB noted that companies offering products and services in food and health categories will have to furnish SDCs annually on Broadcast Seva and Press Council of India (PCI) portals.

“In light of the directions of the Supreme Court of India and in supersession of previous advisories dated 03.06.2024 and 05.06.2024, advertisers and advertising agencies issuing advertisements for products and services related to the food and health sectors are advised to upload an annual self-declaration certificate and make available the proof of uploading the self-declaration to the concerned media stakeholders for the record,” the Ministry added.

Additionally, the Ministry also said that the onus will be on advertisers and ad agencies to ensure that every ad issued by them complies with local norms and regulations. 

The modification reportedly comes close on the heels of multiple meetings between the government and media bodies. Critics had flagged the norms saying that the new certification regime would add extra compliance burden on them. 

People Group’s founder and CEO Anupam Mittal last month termed the mandates “completely unviable”, adding that the directions would hurt the “digital competitiveness” of Indian ad agencies globally by increasing costs and compliances.

In June, the Ministry issued an order directing all ad agencies to apply on the Broadcast Seva Portal of the MIB to submit applicants for these certificates for TV and radio ads. Meanwhile, authorised representatives of advertisers were directed to apply for the certification on Press Council of India’s portal for print and digital ads.

At the time, MIB had said that advertisers would have to certify that the ads, in question, do not contain “misleading claims” and comply with all relevant regulatory guidelines. Thereafter, they were mandated to submit the “proof of uploading” the certificate to the relevant publisher for record-keeping purposes.

The latest clarification is expected to offer a major respite for ad agencies (especially digital), who were grappling with the implementation of the new rules. The development also comes days ahead of SC’s next hearing on the matter on July 9.

At the heart of the directive is the May 2024 order by the Supreme Court that mandated the submission of a self-declaration by advertisers before an ad is displayed or aired. The SC had raised concerns over the absence of a “robust mechanism” to oversee whether advertisers are fulfilling obligations mandated under consumer protection rules pertaining to prevention of misleading advertisements.