The Advertising Standards Council of India (ASCI) has suggested that advertisers and broadcasters should not release new advertisements between June 18 and July 9. This recommendation is due to uncertainty surrounding a Supreme Court decision requiring a self-declaration certificate (SDC) for new ads.
According to a directive from the Ministry of Information and Broadcasting (MIB), following the Supreme Court’s instructions, advertisers must provide an SDC before publishing, airing, or displaying any new advertisement starting June 18. Existing advertisements can continue as usual, as the SDC requirement applies only to new ads.
Ambiguity Surrounds Self-Declaration Certificate (SDC) Mandate
The Advertising Standards Council of India (ASCI) has highlighted confusion regarding implementing the Self-Declaration Certificate (SDC) mandate. They mentioned that more clarity might only come after July 9, when the Supreme Court is expected to address the issue.
Several industry groups, including the Indian Society of Advertisers (ISA) and the Internet and Mobile Association of India (IAMAI), are considering becoming involved in the legal case between the Indian Medical Association and the Union of India.
Industry Requests Delay in SDC Mandate Implementation
The Indian Society of Advertisers (ISA), Indian Broadcasting and Digital Foundation (IBDF), and Indian Newspaper Society (INS) have jointly requested the Ministry of Information and Broadcasting (MIB) to postpone the implementation of the Self-Declaration Certificate (SDC) mandate. They argue that the industry needs more time to comply with the new regulatory requirements.
In their letter to the ministry, the Indian Newspaper Society (INS) suggested that the current regulatory frameworks, which are functioning effectively, should be reinforced. They proposed that the SDC requirement should only apply to medical advertisements, as the Supreme Court case concerns misleading medical ads. Advertisers would need to obtain the SDC through the Broadcast Seva portal for TV and radio ads and via the Press Council of India (PCI) portal for print and digital ads.
ISA Requests Postponement of SDC Implementation
The Indian Society of Advertisers (ISA) has asked the Ministry of Information and Broadcasting (MIB) to delay the implementation of the Self-Declaration Certificate (SDC). They raised concerns about asset confidentiality, as anyone could access ad materials uploaded on the Broadcast Seva and Press Council of India (PCI) websites. ISA also noted that both websites frequently experience technical issues, potentially causing delays in obtaining the SDC.
Despite these concerns, the Ministry of Information and Broadcasting (MIB) stated during a stakeholders’ meeting on June 11 that the SDC mandate for all new advertisements across TV, digital, print, and radio will begin on June 18. This decision follows a directive from the Supreme Court.
ASCI Advises Members on Self-Declaration Certificate (SDC)
The Advertising Standards Council of India (ASCI) has advised its members to plan their advertising campaigns considering the time needed to comply with the self-declaration process. ASCI has encouraged its members to report any practical challenges they encounter while implementing the SDC mandate. They have requested screenshots of any technical issues, which will help ASCI escalate these matters to the Ministry of Information and Broadcasting (MIB) for prompt resolution.
Supreme Court’s Directive on SDC
According to a Supreme Court order on May 7, no television, print, digital, or radio advertisements can be published or aired without a Self-Declaration Certificate (SDC). This measure aims to ensure that ads do not contain misleading claims and comply with all rules and regulations.
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