New Delhi: On August 23, 2024, the Ministry of Information and Broadcasting (MIB) presented an affidavit to the Supreme Court recommending a single Self-Declaration Certificate (SDC) for all media entities. This move comes as the MIB seeks exemptions for members of the Advertising Standards Council of India (ASCI), advertising agencies, print media, and startups from the SDC mandate.
The affidavit, filed by Senthil Rajan, Joint Secretary of the MIB, responds to a Supreme Court directive issued on July 9, 2024, which required the Ministry to submit recommendations on the SDC mechanism within three weeks. The MIB argues that ASCI members already adhere to the ASCI code, which encompasses most advertising regulations in India, and that print media is governed by both the Press Council of India rules and ASCI standards.
Furthermore, the MIB has requested that programmatic ads, user-generated content, and online advertisements be excluded from the SDC requirement. The Ministry contends that the SDC mandate is impractical for programmatic ads due to their real-time bidding nature and the involvement of network agencies.
The affidavit emphasizes that creative agencies develop advertisements based on advertiser mandates and product claims, media agencies handle planning and purchasing, and performance agencies use data and technology for digital success. Thus, the MIB asserts that these agencies should not be held responsible for uploading SDCs, given the potential for multiple agencies to be involved for a single advertiser.
This proposed adjustment underscores the MIB’s effort to streamline regulatory compliance while addressing the practical challenges faced by various media sectors.