Supreme Court and MIB mandate Submission of Self-declaration Certificates for Advertisements

The Ministry of Information & Broadcasting (MIB) issued a press release on June 3, 2024 announcing the introduction of a self-declaration certificate requirement for advertisers and advertising agencies across print, broadcast as well as digital media platforms (‘Advertisers’). The press release was issued following the Supreme Court’s Order dated May 7, 2024, in the case of Indian Medical Association & Anr. vs. Union of India [Writ Petition (Civil) No 645/2022], concerning misleading advertisements published by Patanjali Ayurveda. During the course of proceedings, a bench of Justice Hima Kohli and Justice Ahsanuddin Amanullah identified the lack of a “robust mechanism” to oversee whether advertisers/advertising agencies comply with the obligations mandated under the Guidelines for Prevention of Misleading Advertisements and Endorsements for Misleading Advertisements, 2022, released by the Central Consumer Protection Authority (CCPA). Therefore, to ensure stricter adherence to these guidelines, the two judge bench of the Hon’ble Supreme Court directed that Advertisers must submit a ‘Self-Declaration Certificate’ before publishing, printing or broadcasting any advertisement.