 "Withhold ads without self-declaration certificate from June 18-July 9: ASCI")
The ASCI has asked advertisers and broadcasters to refrain from releasing advertisements without a self-declaration certificate (SDC) between June 18 and July 9 until the Supreme Court provides clarity on the SDC mandate for new ads, according to a report in the Economic Times (ET).
The Ministry of Information and Broadcasting (MIB), in compliance with a directive from the apex court, has instructed advertisers to submit self-declaration certificates before publishing, airing, or displaying any new advertisements starting from June 18. All existing advertisements may continue as they are, as the SDC requirement is only applicable to new advertisements, the report said.
In a note to its members, the ASCI stated that there is significant ambiguity in implementing the SDC mandate. Further clarity on this issue is expected to emerge only after July 9, when the matter will be presented before the Supreme Court, the report stated.
Many industry bodies, including the Indian Society of Advertisers (ISA) and the Internet and Mobile Association of India (IAMAI), are considering getting involved in the case between the Indian Medical Association and the Union of India.
The ISA, the Indian Broadcasting and Digital Foundation (IBDF), and the Indian Newspaper Society (INS) had requested that the information ministry delay the implementation of the SDC mandate to allow the industry sufficient time to comply with the new regulatory norms, the report further stated.
Implementation of current regulatory frameworks
In a letter to the ministry, the Indian Newspaper Society argued for the implementation of current regulatory frameworks, emphasising their effective operation. It recommended restricting the SDC process solely to medical advertisements, aligning with the ongoing concerns regarding misleading medical ads, the report said.
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Advertisers would be required to obtain SDCs via the Broadcast Seva portal for television and radio advertisements and through the Press Council of India (PCI) portal for print and digital advertisements.
The ISA, in its communication urging the information ministry to delay the implementation of SDC, highlighted concerns regarding asset confidentiality, and said the accessibility of ad materials uploaded on the Broadcast Seva and PCI websites could compromise confidentiality. Additionally, the ISA noted that both platforms frequently experience technical issues, potentially causing delays in SDC generation.
Despite this, during a stakeholders' meeting on June 11, the MIB clarified that the SDC requirement for all new advertisements across television, digital, print, and radio would commence on June 18, according to the directive from the Supreme Court.
In response, the ASCI advised its members to strategise their ad campaigns considering the necessary timelines for complying with the self-declaration process.
The apex court, in its order dated May 7, mandated that no advertisements on television, print, digital, or radio could be published or aired without the SDC, aiming to ensure compliance with regulations and prevent misleading claims.