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MIB’s new advisory limits SDC mandates to food and health sectors

According to the advisory, advertisers in the food and health sectors must submit an annual self-declaration before printing, airing, or displaying any advertisement.

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The Ministry of Information and Broadcasting (MIB) has issued a new advisory concerning the self-declaration certificate (SDC) requirement. This advisory mandates that the Food and Health sectors must upload an annual self-declaration certificate.

According to the advisory, only advertisers within the Food and Health sectors are required to upload an annual self-declaration certificate. Prior to any advertisement being printed, aired, or displayed, advertisers or advertising agencies must submit a self-declaration.

“Accordingly, in light of the directions of the Hon’ble Supreme Court of India, and in supersession of previous Advisories dated 03.06.2024 and 05.06.2024, advertisers/advertising agencies issuing advertisements for products and services related to Food and Health sectors are advised to upload an annual self-declaration certificate on the above-mentioned portals, as applicable, and make available the proof of uploading the self-declaration to the concerned media stakeholders, such as TV channels, newspapers, entities involved in publishing of advertisements on the internet, etc. for the record,” the advisory states. 

Commenting on the new advisory issued by the MIB, Manisha Kapoor, CEO and Secretary General, Advertising Standards Council of India (ASCI) said, "As per MIB advisory dated 3rd July which supersedes its earlier advisories on the self- declaration certificate requirements,  advertisers/advertising agencies issuing advertisements for products and services related to Food and Health sectors are advised to upload an annual self-declaration certificate on the above mentioned portals, as applicable, and make available the proof of uploading the self-declaration to the concemed media stakeholders, such as TV channels, newspapers, entities involved in publishing of advertisements on the intemet, etc. for the record. MIB has taken cognisance of the various issues related to the working of the portal,  the manner in which digital advertising functions, as well as noting that the court had expressed concern with the food and health sectors primarily. 

Commitment to honest advertising remains paramount and the industry must continue its commitment to being compliant with all applicable laws. Advertising is under increased regulatory scrutiny and advertisers and agencies should take the required steps to ensure compliance. This is true across sectors.”

The Supreme Court ordered the self-declaration certificate mandate on May 7 in response to the misleading ads case involving Patanjali. On June 3, the MIB complied with the court's directive, requiring self-declaration for all advertisements published on or after June 18.

You can view the full advisory down below: 

Food and Health Sectors MIB ministry of information and broadcasting SDC Mandates