A new rule has been introduced by the Indian government to combat misleading advertising. This holds true for all types of advertising, such as print, digital, and television commercials.
Below is a summary of the main ideas:
Registration Requirement: Advertisers shall register with the government. Registration is required.
Self-Declaration Certificates: A self-declaration certificate is needed for each advertisement ran. This document attests to the advertisement’s compliance with the most recent rules.
There is discussion of a significant July 7th Supreme Court order. It states that every advertiser or advertising agency must submit a self-declaration certificate certifying that the advertisement does not contain any misleading information and complies with all applicable regulatory criteria prior to broadcasting or publishing any advertisements.
A new rule has been introduced by the Indian government to combat misleading advertisements. This holds true for all types of advertising, such as print, digital, and television commercials.
Format for Proforma for Self-Declaration Certificate: Authorization Letter
- LoA on Business Letterhead
Subject: Advertisers’ and advertising agencies’ authorization of a representative to submit a self-declaration certificate
Regarding WPC No. 645/2022-IMA & Anr. Vs. UOI & Ors., the Hon’ble Supreme Court issued an order on May 7, 2024, to ensure that advertising laws are followed on print, electronic, and digital media platforms.
- In this regard, on behalf of [name of advertiser/advertising agency], Shri/Ms. [name of representative] in his/her role as [Designation of Representative] is hereby authorized to submit the self-declaration certificate in compliance with the aforementioned ruling of the Hon’ble Supreme Court.
signed by the company’s head, the advertiser or advertising agency, and the
Signatory’s Seal Name:
Identification of the Signatory:
Date:
Supreme Court Order: A significant ruling from the Supreme Court on July 7th mandates that all advertisers and advertising agencies submit a self-declaration certificate certifying that their advertisements do not contain any false information and that they comply with all applicable legal requirements before they can be published or aired.
In case that you run a digital marketing agency, publishing the advertisement will depend on obtaining that letter from your customer. At the moment, you have to do this for each and every advertisement you post; however, there are talks underway to eliminate the difficulties.
It’s interesting to note that anyone can watch the advertisements that are posted on the website. In addition, the self-declaration must be completed prior to the advertisement being published. The consequences of a breach are not yet known.
How Self-Declaration Certificates Are Generated
The procedure for creating certificates of self-declaration is simple:
Enter the government portal and log in. (https://cbcindia.gov.in/cbc/advt-reg)
The “Generate Self Declaration Certificate” option should be selected.
Enter the necessary information, such as the platform (newspaper, website, YouTube, etc.) and the type of media (print, internet, etc.).
Upload a PDF if it’s a print advertisement. Give the video URL for online advertisements.
The data provided will be used to generate the self-declaration certificate.
The Value of Adherence
The purpose of the new legislation is to make sure that customers are given correct information and that advertisements make genuine claims. Advertisers demonstrate their dedication to moral advertising by presenting self-declaration certificates.
In addition to potential legal consequences, noncompliance with the regulation may harm the advertiser’s reputation. It is essential that digital marketers familiarize themselves with the latest requirements and undertake requisite measures to guarantee adherence.
Conclusion
The Indian government’s decision to control misleading advertisements is a big step in the right direction for protecting consumer rights and encouraging openness in the advertising sector. Digital marketers need to adjust to the new rules and make integrity and openness the top priorities in their marketing initiatives.
Ads can foster audience trust and keep a positive business image by following the requirements and presenting valid self-declaration certificates. It’s a chance for digital marketers to demonstrate their dedication to moral behavior and help create a more reliable advertising environment in India.
At Myfirstad, we’re dedicated to providing top-notch digital marketing services while putting our clients’ privacy and security first.
Please see the following for further information:
[https://cbcindia.gov.in/cbc/uploads/mandate/Self_Declaration_Portal_Guidelines.pdf] is the Broadcast Seva Portal guidelines.
CBC/uploads/mandate/Self_Declaration_Portal_Guidelines.pdf is the format for the letter of authorization.
India’s Press Council: https://cbcindia.gov.in/cbc/advt-reg
