Categories: Legally Speaking

Centre Requires Self-Declaration from Advertisers Following Supreme Court’s Patanjali Ruling

Following the Supreme Court’s directive in the Patanjali misleading ads case, the Union Ministry of Information and Broadcasting (MIB) issued a directive on Monday requiring all advertisers to submit a ‘self-declaration certificate’ before publishing or broadcasting any advertisements. This measure aims to curb misleading claims and ensure adherence to regulatory guidelines. The certificate must be signed by an authorized representative of the advertiser or advertising agency and submitted through the Broadcast Seva Portal for television and radio ads, and the Press Council of India’s portal for print and digital ads.

The Ministry’s Press Information Bureau (PIB) release highlighted that the new system will be activated on June 4, 2024. Advertisers are required to obtain the self-declaration certificate for all new advertisements to be issued, telecast, aired, or published on or after June 18, 2024. A two-week buffer period is provided for stakeholders to familiarize themselves with the self-certification process. Advertisements lacking a valid self-declaration certificate will not be permitted across television, print media, or the internet. However, existing advertisements will not require self-certification.

The self-declaration certificate must confirm that the advertisement does not contain misleading claims and complies with all relevant regulatory guidelines, including Rule 7 of the Cable Television Networks Rules, 1994, and the Norms of Journalistic Conduct of the Press Council of India. Proof of uploading the certificate must be provided to the relevant broadcaster, printer, publisher, or electronic media platform. The Supreme Court’s directive, noted by a Bench of Justices Hima Kohli and Ahsanuddin Amanullah on May 7, emphasizes transparency, consumer protection, and responsible advertising practices, urging all parties to adhere to this directive diligently.