Introduction
On May 7, 2024, the Supreme Court of India, in the case of the Indian Medical Association and Anr V. Union of India and Ors, mandated that advertisers and advertising agencies must upload a self-declaration certificate as per Rule 7 of the Cable Television Networks Rules, 1994. This certificate must be uploaded on the Press Council of India’s Portal for print and digital/online advertisements and on the Broadcast Seva Portal for television and radio advertisements. This requirement, effective from June 18, 2024, applies to all new advertisements related to the food and health sectors. The Ministry of Information & Broadcasting (MIB) also issued an advisory, instructing advertisers in these sectors to upload an annual self-declaration certificate on the designated platforms.
BACKGROUND:
During the COVID-19 pandemic, Patanjali claimed its product “Coronil” could cure COVID-19 and falsely stated it was approved by the World Health Organization (WHO). This led to a dispute when the Indian Medical Association (IMA) sent a ₹1000 crore defamation notice to Patanjali and took the case to the Supreme Court. In November 2023, the Supreme Court warned Patanjali against using misleading terms in their advertisements. Despite this, Patanjali continued, resulting in a contempt of court notice. On April 15, 2024, the Supreme Court suspended the manufacturing license of 14 Patanjali products. The final order on May 7, 2024, emphasized the requirement for a self-declaration certificate before broadcasting ads and held celebrities and influencers accountable for promoting misleading advertisements, strengthening regulations, and consumer protection.
ESSENTIALS OF THE SELF-DECLARATION CERTIFICATE:
| Indicators | Description |
|---|---|
| Purpose | To prevent misleading advertisements that falsely describe products, give false guarantees, or conceal important information, ensuring consumers are not deceived. |
| Applicability | Mandatory for all advertisers and advertising agencies before publishing or broadcasting any advertisement. |
| Platforms Covered | Television, radio, print, and digital media. |
| Regulatory Guidelines Compliance | Must affirm compliance with Rule 7 of the Cable Television Networks Rules, 1994, and the Norms of Journalistic Conduct of the Press Council of India. |
| Submission Portals |
|
| Activation Date | Portals were activated on June 4, 2024. |
| Effective Date | Mandatory for all new advertisements from June 18, 2024. |
| Buffer Period | Two-week buffer period is provided for stakeholders to familiarize themselves with the process. |
| Ongoing Advertisements | Current advertisements do not require self-certification. |
| Proof of Upload | Advertisers must provide proof of uploading the certificate to the relevant broadcaster, printer, publisher, or electronic media platform. |
GUIDELINES:
Pre-Submission Documents:
Letter identifying the authorised representative, Complete written script of the advertisement, Video/audio file URL of the advertisement, CBFB Certificate, if available.
Mandatory Fields:
All fields marked with an asterisk must be completed before submission.
Optional Fields:
CBFC Certificate and GST Details, if available.
Submission Process:
Ensure all mandatory fields are accurately filled before submission. Upload the signed self-certification to the portal.
Acknowledgement:
An acknowledgement receipt will be provided upon successful submission.
Exceptions:
The certification does not apply to statutory advertisements and classifieds not related to goods or services.
Advertisement Details:
Such as Product/service being advertised, Advertisement title, Brief description (100-200 words), highlighting specific features or claims, Full advertisement script in PDF, URL of advertisement media, Proposed first broadcast/publishing date.
PENALTIES:
Section 89 of the Consumer Protection Act (CPA) 2019:
Shall punish with Imprisonment for a term of two (02) years and a fine which may extend to ten (10) lakh rupees. If the misleading repeats the imprisonment may extend to five (05) years and the fine may increase to fifty (50) lakh rupees.
CONCLUSION:
The Supreme Court of India now requires advertisers to use a self-declaration certificate from June 18, 2024, to prevent deceptive marketing. This certificate ensures the truthfulness of ads and must aim to protect consumers from misleading ads. Advertisers must provide detailed information about their ads. Under Section 89 of the Consumer Protection Act 2019, misleading ads can lead to imprisonment and fines, highlighting the judiciary’s commitment to consumer protection. This decision promotes honesty in advertising for the benefit of consumers.
Disclaimer
The information provided in this article is intended for general informational purposes only and should not be construed as legal advice. The content of this article is not intended to create and receipt of it does not constitute any relationship. Readers should not act upon this information without seeking professional legal counsel.
