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Topic : Supreme Court Mandates Self-Declaration for Advertisements
GS-2 Mains : Governance
Revision Notes
Supreme Court Mandates Self-Declaration for Advertisements
- The Supreme Court of India has taken a significant step towards ensuring ethical and responsible advertising practices by mandating all advertisers and advertising agencies to submit a “Self-Declaration Certificate” before releasing any advertisement.
- This certificate serves as a self-certification that the advertisement adheres to relevant regulations and avoids misleading claims.
Implementation Mechanism
- The Ministry of Information and Broadcasting (MIB) has introduced dedicated features on relevant portals to facilitate this process.
- Advertisers submitting advertisements for television and radio must utilize the Broadcast Seva Portal, while print and digital/internet advertisements require uploading the certificate on the Press Council of India’s portal.
- Additionally, advertisers are obligated to furnish proof of uploading the certificate to the concerned media platform (broadcaster, printer, publisher, or online platform) for record-keeping purposes.
Effective from June 18th, 2024, this mandate applies to all new advertisements. Existing advertisements are currently exempt.
Benefits of the Initiative
This initiative is expected to bring about several positive changes in the Indian advertising landscape:
- Enhanced Transparency and Accountability: The self-declaration requirement compels advertisers to be more mindful of the content they create. This fosters a more transparent environment where manufacturers, promoters, and advertising agencies are held accountable for any misleading claims, leading to a fairer and more ethical marketplace.
- Stronger Consumer Protection: By deterring false and misleading advertisements, this step safeguards consumer interests. Consumers are empowered to make informed decisions based on accurate information, minimizing the risk of exploitation or harm caused by deceptive advertising practices.
- Improved Enforcement of Regulations: The self-declaration system serves as an additional layer of enforcement for existing legal frameworks like the Misleading Advertisements and Endorsements for Misleading Advertisements Regulations. This reinforces the legal structure against false advertising and strengthens consumer protection measures.
Existing Regulatory Landscape
India has a well-established legal framework governing advertising practices. Some key legislations include:
- The Cable Television Networks (Regulation) Act, 1955
- The Press Council of India Act, 1978
- The Cable Television Networks (Amendment) Rules, 2006
These acts, along with specific legal provisions, outline advertising regulations. Notably, the Advertising Standards Council of India (ASCI), established in 1985, serves as a self-regulatory body that promotes ethical advertising through its Code of Advertising Practice (ASCI Code). This code applies to all advertisements viewed, heard, or read in India, irrespective of their origin or publication location, as long as they target Indian consumers.
Furthermore, the Central Consumer Protection Authority (CCPA) has notified the “Guidelines for Prevention of Misleading Advertisements and Endorsements for Misleading Advertisements, 2022”. These guidelines aim to specifically address the issue of misleading advertisements and safeguard consumer rights.
Conclusion
The Supreme Court’s mandate for self-declaration certificates signifies a positive development for the Indian advertising industry. By promoting transparency, accountability, and consumer protection, this initiative seeks to create a more ethical and responsible advertising environment that benefits both consumers and businesses in the long run.
Source: https://pib.gov.in/PressReleaseIframePage.aspx?PRID=2022649
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