The Supreme Court has issued a directive in its Order dated 7 May 2024, that all advertisers/advertising agencies must submit a ‘self-declaration certificate’ before publishing or broadcasting any advertisement. 

The self-declaration certificate is to certify that the advertisement does not contain 'misleading claims', and complies with 'all relevant regulatory guidelines'.

Following the top court’s directive, the Ministry of Information and Broadcasting (MIB) has introduced a new feature on its Broadcast Seva Portal for TV and radio advertisements, and on Press Council of India’s portal for print and digital/online advertisements. 

The certificate, signed by an authorised representative of the advertiser/advertising agency, needs to be submitted through these portals. The portal will be activated on 4 June 2024. 

The self-declaration certificate is required to be obtained by all advertisers and advertising agencies for all new advertisements that will be issued/telecast/aired/published on or after 18 June 2024, according to a statement issued by the ministry.

A buffer period of two weeks has been kept for providing sufficient time to all stakeholders to familiarise themselves with the process of self-certification, stated the ministry. Ongoing advertisements do not require the self-certification currently.

Additionally, the advertiser must provide proof of uploading the self-declaration certificate to the relevant broadcaster, printer, publisher, or electronic media platform for their records. The advertisement will not be permitted to run on television, print media, or the internet without a valid self-declaration certificate, as per the Supreme Court’s directive.

The regulatory guidelines, which every advertisement must comply with, include those stipulated in Rule 7 of the Cable Television Networks Rules, 1994 and the Norms of Journalistic Conduct of Press Council of India. 

The MIB further urged all advertisers, broadcasters and publishers to adhere to this directive from the apex court diligently, noting that the directive is 'a step towards ensuring transparency, consumer protection, and responsible advertising practices.'