No.
13O1 1/8 | 2o24-Bc,rr
GOVERNMENT OF INDIA
MINISTRY OF INFORMATION & BROADCASTING
.A',WING, SHASTRT BHAWAN, NEW DELHI - 11OOO1
Dated: 3tJ June,2024
To,
1. Private Satellite TV Channels
2. Newspapers registered under Press & Registration of Periodicals Act,2O23
3. Publishers of news and current affairs content on digital media
4. Publisher of online curated content (OTT platforms)
SubJect: Compllance with Suprerne Court Order dated O7.O5.2O24 w.t.t.
Mlsleadlng Advertlsements passed in WPC No.64512O22-IMA & Anr.
Vs. UOI & Ors.-reg.
It is brought to the notice of all concerned that a recent Order/directive
has been passed by Hon'lcle Supreme Court on O7.O5.2O24 in WPC No.
64512O22-IMA & Anr. Vs. UOI & Ors. w.r.t. Misleading Advertisements on
print/ electronic/ digital media (copy enclosed). The Honble Court has highlighted
the importance of ensuring that advertisements comply with all relevant laws and
regulations to protect consumer interests and prevent the dissemination of
misleading advertisements.
2. In light of this directive, all broadcasters/publishers are advised to strictly
adhere to the following requirement:
Requhement for Submlsslon of Self-Declaration Certlflcate by
Advertiser /Advertlsing Agency: Before broadcasting/publishing any
advertisement on TV channel/print or digital media, it is mandatory for
every advertiser to submit a self-declaration certificate signed by an
authorized representative of the Advertiser/ company. This certificate
must be submitted through the Broadcast Seva Portal of the Ministry of
Information and Broadcasting (MIB) before telecast on TV channels
(website-https: / / new. broadcastseva. sov. in/ disieov- portal-web-
app/index.isp) and in respect of Print/Digital media through Press
Council of India (PCI) portal (website- https: / / presscouncil.nic.in/ ). The
self-declaration certifrcate should attest that the advertisement does not
make any misleading claims and complies with al1 relevant regulatory
guidelines, including but not limited to those stipulated in Rule 7 of the
Cable Television Networks Rules, 1994 and Norms of Journalistic Conduct
related to advertisement issued by PCI, as directed by Honble Supreme
Court vide its Order dated 07.05.2024 passed in WPC No. 645/2O22-\MA
& Anr. Vs. UOI & Ors. This requirement of self-declaration by all
advertisers/advertising agencies is mandatory for advertisements released
after 18.06.2024.
3. All broadcasters/publishers are directed to strictly adhere to this
requirement and refrain from broadcasting/publishing any advertisement until
and unless a valid self-declaration certificate is submitted by the advertiser.
4. It is the responsibility of broadcasters/ publishers to ensure that
advertisers have submitted the requisite self-declaration certificate before airing
their advertisement. The authenticity of these certificates may be verified through
Broadcast Seva Portal of this Ministrv /PCI Portal.
5. Any advertisement found to be broadcast/ published without the
necessary self-declaration certihcate may be in violation of the Supreme Court
directive and appropriate action would be taken as per the
other relevant statues.
6l
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Tele: 23386394
Copy to:
1. Self-Regulatory Bodies of TV channels registered under the Cable Television
Networks (Amendment) Rules, 202 1 .
2. Self Regulatory Bodies under Information Technologz (Intermediary
Guidelines and Digital Media Ethics Code) Rules, 2021.
The Association/ Bodies of Print and Electronic media.
Secretary, Press Council of India (Kind attention: Smt. Sonia Malhotra,
Deputy Secretary), CGO Complex, Soochana Bhawan, New Delhi with
respect to print media.
5. Secretary General, Advertising Standards Council of India (ASCI) [email-
[email protected], manali@ascionline. in,.
