How to submit Mandatory Self Declaration Certificate before publishing any advertisements – For Advertisers [4 Easy Steps]

The Supreme Court’s recent Order dated 07^th May 2024 in Writ Petition (Civil) No. 645 of 2022 titles as Indian Medical Association (IMA) & Anr vs Union of India (UOI) & Ors has mandated that all advertisers and advertising agencies must furnish a Self Declaration Certificate before publishing any advertisements in order to curb the misleading advertisements furthering the consumer protection and their interest.

Deadline: 18th June 2024

In compliance with the said directive, the Ministry of Information and Broadcasting has issued an advisory on 03^rd June 2024 to Private Satellite TV Channels, Newspapers registered under Press & Registration of Periodicals Act 2023, Publishers of news and current affairs content on digital media, and Publisher of online curated content (OTT platforms).

The advisory of the Ministry of Information and Broadcasting dated 03^rd June 2024 states that:

“Requirement for submission of Self-Declaration Certificate by Advertisers and Advertising Agencies:

Before broadcasting / publishing any advertisement on Television (TV) channel / print or digital media, it is mandatory for every advertiser to submit a self-declaration certificate signed by an authorized representative of the Advertiser / company. This certificate must be submitted through the Broadcast Seva Portal of the Ministry of Information and Broadcasting (MIB) before telecast on TV channels and in respect of Print / Digital media through Press Council of India (PCI) portal.”

The “self-declaration certificate should attest that:

1. the advertisement does not make any misleading claims; and
2. the advertisement complies with all relevant regulatory guidelines, including but not limited to those stipulated in Rule 7 of the Cable Television Networks Rules, 1994 and Norms of Journalistic Conduct related to advertisement issued by Press Council of India (PCI), as directed by Hon’ble Supreme Court vide its Order dated 07^th May 2024 passed in W.P.(C) No. 645/2O22 – IMA & Anr. vs. UOI & Ors. The deadline to comply with this requirement of self-declaration by all advertisers / advertising agencies / digital media companies is mandatory for advertisements released after 18^th June 2024.”

Consequences of Non-Compliance of the Advisory issued by the Ministry of Information and Broadcasting & Order dated 07^th May 2024 passed by the Hon’ble Supreme Court:

1. The Failure to submit the self-declaration certificate will result in the advertisements not being permitted to run on television, print media, or the internet.
2. Any advertisement found to be broadcasted / published without the necessary self-declaration certificate may be in violation of the Supreme Court’s directives and appropriate action would be taken as per the Cable Television Networks Act 1995 and other relevant statues.

However, PIB’s Press Release dated 03^rd June 2024 titled “Supreme Court Mandates Self-Declaration by Advertisers / Advertising Agencies Before Releasing Advertisements” has clarified that “Ongoing advertisements do not require the self-certification currently” upto 18^th June 2024.

This directive aims to enhance transparency, protect consumers, and promote responsible advertising practices. The Ministry has urged all the stakeholders to comply with this directive diligently.

How to comply with the Advisory issued by the Ministry of Information and Broadcasting & Directive of the Hon’ble Supreme Court vide Order dated 07^th May 2024:

Step 1: Make the Self-Declaration Certificate by declaring the below mentioned aspects:

1. Declare that the Advertisement [dated] and [titled] which is being issued by you/your organization does not contain any misleading claims.
2. Declare that the Advertisement issued by you complies with all relevant regulatory guidelines, including but not limited to those stipulated in Rule 7 of the Cable Television Networks Rules, 1994 which is as follows:
   • “Rule 7. Advertising Code. –
     • (1) Advertising carried in the cable service shall be so designed as to conform to the laws of the country and should not offend morality, decency and religious susceptibilities of the subscribers.
     • 2) No advertisement shall be permitted which- (i) derides any race, caste, colour, creed and nationality; (ii) is against any provision of the Constitution of India; (iii) tends to incite people to crime, cause disorder or violence, or breach of law or glorifies violence or obscenity in any way; (iv) presents criminality as desirable; (v) exploits the national emblem, or any part of the Constitution or the person or personality of a national leader or a State dignitary; (vi) in its depiction of women violates the constitutional guarantees to all citizens. In particular, no advertisement shall be permitted which projects a derogatory image of women. Women must not be portrayed in a manner that emphasizes passive, submissive qualities and encourages them to play a subordinate, secondary role in the family and society. The cable operator shall ensure that the portrayal of the female form, in the programmes carried in his cable service, is tasteful and aesthetic, and is within the well-established norms of good taste and decency; (vii) exploits social evils like dowry, child marriage. (viii) promotes directly or indirectly production, sale or consumption of (A) cigarettes, tobacco products, wine, alcohol, liquor or other intoxicants;
     • (5) No advertisement shall contain references which are likely to lead the public to infer that the product advertised or any of its ingredients has some special or miraculous or supernatural property or quality, which is difficult of being proved.”
       

c. Declare that the Advertisement issued by you complies with the Norms of Journalistic Conduct related to advertisement issued by Press Council of India (PCI).

d. Declare that the Advertisement issued by you is in compliance of the Advisory issued by the Ministry of Information and Broadcasting dated 03^rd June 2024 & Order dated 07^th May 2024 in Writ Petition (Civil) No. 645 of 2022 titles as Indian Medical Association (IMA) & Anr vs Union of India (UOI) & Ors.

Step 2: Verify and Sign the Self-Declaration Certificate:

At the end of all the above-mentioned declarations, put a line which states as “Verified at [Place] on [Date] that the contents of paragraphs mentioned above of the declaration are true to the best of my knowledge and belief.”

After declaring the above-mentioned aspect, print the finalized certificate on a piece of paper. Then put the date and signature of the Authorized Signatory of the Organization (along with Seal/Stamp, if any) at the end on the Self-Declaration Certificate.

Step 3: Scan and Upload the Self-Declaration Certificate on the relevant government Portals:

After finalizing the Self-Declaration Certificate, scan it and make an OCRed PDF file of it. Thereafter, upload it on the relevant portal as per your type:

1. If your advertisement is to be aired, broadcasted or released on the Television or Radio, then the Self-Declaration Certificate is to be submitted on Broadcast Seva Portal of Ministry of Information and Broadcasting at the below-mentioned link by registering and logging on the portal and creating a new account:

Link to the Broadcast Seva Portal of Ministry of Information:

https://new.broadcastseva.gov.in/digigov-portal-web-app/webHP?requestType=ApplicationRH&actionVal=userRegister&screenId=1111&user=9000009

• If your advertisement is to be published or printed in newspapers or any other physical medium or it is to be released on other Digital Media Platforms such as Facebook, Instagram, YouTube, OTT Platforms, then the Self-Declaration Certificate is to be submitted on Press Council of India Portal at the below-mentioned link by registering and logging on the portal and creating a new account:

Link to the Portal of PCI (Press Council of India):

https://cbcindia.gov.in/cbc/advt-reg

Therefore, the certificate, signed by an authorized representative of the advertiser/advertising agency, needs to be submitted through these portals.

Step 4: Provide the Proof of uploading the Self-Declaration Certificate to the Platforms where the advertisement is to be aired, published or released:

The Hon’ble Supreme Court of India vide the same Order dated 07^th May 2024 in Writ Petition (Civil) No. 645 of 2022 titles as Indian Medical Association (IMA) & Anr vs Union of India (UOI) & Ors. has mandated that:

“Proof of uploading the Self-declaration shall be made available by the advertisers to the concerned broadcasters / printers / publishers / Television (T.V.) Channels / electronic medias, as the case may be, for the records.”

Therefore, you have to also provide the Proof of uploading the Self-Declaration Certificate to the Platforms where the advertisement is to be aired, published or released, so that the platforms can be assured that you have complied with the requirement of furnishing the Self-Declaration before releasing or publishing your Advertisements.

In case you have any queries regarding this post, you may reach out to:

He is an Intellectual Property professional based in New Delhi (India) who has vast experience in dealing with issues related to Advertising, Information and Technology, Trademarks, Patents, Designs, Copyright.

Disclaimer: The above-mentioned guide is merely for information purposes and is not to be considered as a legal advice in any manner.