Centre mandates self-declaration certificate for advertisers after Supreme Court Patanjali judgment

Pursuant to the Supreme Court's direction in the Patanjali misleading ads case, the Union Ministry of Information and Broadcasting (MIB) on Monday issued a directive requiring all advertisers to submit a 'self-declaration certificate' before publishing or broadcasting any advertisements..As per the Press Information Bureau (PIB) release, the Ministry has introduced a new feature on the Broadcast Seva Portal for television and radio advertisements and on the Press Council of India’s portal for print and digital advertisements. The certificate, signed by an authorised representative of the advertiser/advertising agency, needs to be submitted through these portals."The portal will be activated on 4th June, 2024. 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 buffer period of two weeks has been kept for providing sufficient time to all stakeholders to familiarize themselves with the process of self- certification," the press release stated.No advertisement will be permitted to run on television, print media, or the internet without a valid self-declaration certificate..However, the press release clarified that current advertisements will not require the self-certification..The self-declaration certificate is to certify that the advertisement: (i) does not contain misleading claims; and (ii) complies with all relevant regulatory guidelines, including those stipulated in Rule 7 of the Cable Television Networks Rules, 1994 and the Norms of Journalistic Conduct of Press Council of India. Advertiser must provide proof of uploading the Self-Declaration Certificate to the relevant broadcaster, printer, publisher, or electronic media platform for their records..On May 7, a Bench of Justices Hima Kohli and Ahsanuddin Amanullah had taken critical note that misleading advertisements for Patanjali products, which have now been prohibited, were still available on certain online platforms.In its order, the Court said that all advertisers/advertising agencies must submit a ‘self-declaration certificate’ before publishing or broadcasting any advertisement."The Hon’ble Supreme Court directive is a step towards ensuring transparency, consumer protection, and responsible advertising practices. The Ministry of Information & Broadcasting urges all advertisers, broadcasters and publishers to adhere to this directive diligently," the press release stated..Patanjali misleading ads: Supreme Court orders takedown of online ads, halt on sale of suspended products.Follow Bar and Bench channel on WhatsAppDownload the Bar and Bench Mobile app for instant access to the latest legal news.