[Patanjali Row] After SC Order, Union Gov. Mandates Self-Declaration Certificate For Advertisers

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According to a Press Information Bureau announcement, this new protocol will be accessible via the Broadcast Seva Portal for TV and radio ads, and through the Press Council of India’s portal for print and digital ads.

[Patanjali Row] After SC Order, Union Gov. Mandates Self-Declaration Certificate for Advertisers

NEW DELHI: On June 3: Following a Supreme Court mandate, the Union Ministry of Information and Broadcasting announced on Monday that advertisers are now required to present a self-declaration certificate’ before the publication or broadcast of any advertisements.

According to a Press Information Bureau announcement, this new protocol will be accessible via the Broadcast Seva Portal for TV and radio ads and through the Press Council of India’s portal for print and digital ads.

Advertisers or their agencies must upload the certificate, signed by an authorized representative, through these specified portals.

The certificate, endorsed by an authorized representative of the advertising entity, must be uploaded through these portals.

“The portal will go live on June 4, 2024. All advertisers and advertising agencies must secure a self-declaration certificate for any new advertisements that will be released, broadcast, aired, or published from June 18, 2024, onwards. A two-week grace period has been allocated to give all stakeholders ample time to become acquainted with the self-certification process,” the press release announced.

Advertisers and advertising agencies are required to acquire the Self-Declaration Certificate for all new advertisements that will be broadcast, aired, or published starting on June 18, 2024. A two-week buffer period has been provided to allow all involved parties adequate time to adapt to the self-certification process.

The requirement states that no ads can be displayed on television, in print, or online without a valid self-declaration certificate. Existing advertisements, however, are exempt from this new certification.

The certificate ensures that the advertisement:

(i) is free from misleading claims; and

(ii) adheres to all applicable regulatory guidelines, including those outlined in Rule 7 of the Cable Television Networks Rules, 1994, and the Norms of Journalistic Conduct by the Press Council of India. Advertisers must also submit proof of the certificate to broadcasters, publishers, or online platforms for their records.

This move comes after the Supreme Court, on May 7, criticized the continued online presence of banned misleading advertisements for Patanjali products.

The justices, Hima Kohli and Ahsanuddin Amanullah, emphasized the need for this certification for all advertisements.

According to the Court’s ruling, all advertisers and advertising agencies are required to submit a ‘self-declaration certificate’ before any advertisement is published or broadcast.

“The Supreme Court’s directive aims to promote transparency, protect consumers, and uphold responsible advertising practices. The Ministry of Information & Broadcasting strongly encourages all advertisers, broadcasters, and publishers to rigorously comply with this directive,” the press release emphasized.

The directive from the Supreme Court is intended to enhance transparency, protect consumers, and promote responsible advertising. The Ministry of Information & Broadcasting is calling on all advertisers, broadcasters, and publishers to comply earnestly with this directive.