New Supreme Court Mandate: What Influencers and Brands Need to Know

Starting June 18th, all advertisements on TV, print or online must have a valid Self-Declaration Certificate (SDC). This applies to both print and digital media. To facilitate this, the MIB has updated its Broadcast Seva Portal for TV and Radio ads, and the PCI has done the same for print and digital ads. These portals are operational from June 4, 2024.

Here’s what you need to know:

• Submit the Certificate: Submit the certificate via the Press Council of India (PCI) portal for print and digital media ads.
• Provide Proof: Upload proof to the relevant broadcaster, confirming that the Self-Declaration Certificate has been uploaded.

The directive states, “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 18th June 2024.”

A two-week buffer period has been provided for stakeholders to get accustomed to self-certification.

Ongoing ads are not required to be self-certified.

Impact on Brands and Influencers

Brands:

Many direct-to-consumer (D2C) brands are experiencing confusion and disruption due to this new mandate. The sudden requirement has left some brands struggling to understand the new process and ensure compliance.

Influencer Agencies:

Influencer agencies are also grappling with the new regulations. The lack of clarity on how the SDC applies to influencer content has caused delays and uncertainties in ongoing campaigns.

Upcoming Hearing on July 9

The next hearing on July 9 is crucial as it is expected to provide further clarity on the mandate.

Background

The Supreme Court’s directive stems from Writ Petition Civil №645/2022-IMA & Anr. Vs. UOI & Ors., which was issued on May 7, 2024. This mandate requires all advertisers to submit an SDC before publishing or broadcasting any advertisement. The goal is to ensure that advertisements are transparent, do not mislead consumers, and comply with all relevant regulations.

The SDC confirms that:

1. The ad does not contain misleading claims.
2. It complies with all relevant laws and guidelines, including the Cable Television Networks Rules, 1994, and the Press Council of India’s Norms of Journalistic Conduct.

A copy of the SDC must also be provided to the broadcaster, printer, publisher, or electronic media platform for their records.

Importance of the Directive

This directive is a crucial step towards:

1. Ensuring Transparency: By requiring a self-declaration, the directive aims to make the advertising process more transparent.
2. Consumer Protection: It protects consumers from misleading claims and unethical advertising practices.
3. Promoting Responsible Advertising: The mandate encourages advertisers to adhere to high ethical standards.

Steps for Compliance

1. Familiarize with the Process: All stakeholders should become well-versed with the process of obtaining and uploading the SDC.
2. Timely Submission: Ensure that the SDC is uploaded and proof is provided to broadcasters on time.
3. Stay Updated: Keep abreast of any new guidelines or updates from the Supreme Court or ASCI.

At Cre8r.ai, we streamline compliance with all advertising regulations, including the new SDC mandate, so you can focus on creating impactful campaigns. Contact us today to simplify your advertising process and stay ahead of the regulatory curve. Request a call back.

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