In a MediaBrief exclusive, Chaaya Baradhwaaj, Founder and MD of BC Web Wise, and Shradha Agarwal, Co-Founder and CEO of Grapes, share their views on the Supreme Court’s mandate for Self-Declaration Certificates for advertisements.
Chaaya Baradhwaaj feels the execution of the self-declaration certificate mandate needs improvement due to unclear guidelines, which pose a significant challenge, particularly for digital ads. Shradha Agarwal believes the fast-paced nature of the advertising industry makes compliance with the self-declaration mandate extremely challenging, especially given the high volume of digital content produced. Read on.
The Supreme Court had mandated on 7th May 2024, that all advertisers and advertising agencies must submit a self-declaration certificate affirming that their advertisements are not misleading and comply with regulatory guidelines, including Rule 7 of the Cable Television Networks Rules, 1994.
This certificate must be uploaded on the Broadcast Seva Portal for TV ads, and a similar mechanism for print and internet media is to be instituted by July 5, 2024.
The adherence to regulatory standards is mandatory to ensure greater accountability and transparency in advertising. The ruling aims to protect consumers from deceptive marketing practices and uphold the integrity of broadcast content.
Speaking about this, Chaaya Baradhwaaj, Founder and MD of BC Web Wise, says, “It’s a step in the right direction for cleaning up misleading ads. But the execution needs some work. It will definitely slow things down initially.”
Meanwhile, Shradha Agarwal, Co-Founder and CEO of Grapes, believes, “The advertising industry is fast-paced by nature where it has to be on top of every trend, complying with Self-Declaration is an unfeasible task. Looking at the sheer volume of content that is churned out for the digital world, it is going to be extremely challenging to present a declaration for every ad.”
Given that the mandate is compulsory for every advertisement across print, digital, television and social media, the industry is concerned about the feasibility of such a practice.
Voicing the worries of this mandate, Chaaya Baradhwaaj commented, “We want to comply, but the unclear guidelines make it tough. Nobody wants to mess up, but right now, it’s easy to do. Print and TV might have a smoother ride, but digital is a whole other beast. Different platforms, constant changes – it’s a compliance nightmare waiting to happen.”
Shradha Agarwal adds, “There are high chances of missing out on the ads on account of following the process. Self-Declaration should be applicable for ads that are rolled out on a larger scale such as TVCs, big YouTube ads, etc.”
Another important debate that the mandate gives rise to is the challenge of costing, will it be the advertisers or agencies that bear the cost of the self declaration certificate. The unclear guidelines of the law and its implementation have left the industry anxious.
As Shradha Agarwal highlights, “The cost liability is something that remains to be discussed. Before implementing the mandate, it is important to decide who will be bearing the cost of the declaration. Considering the dynamics of the industry, it raises a lot of questions whether it is the prerogative of the brand or the agency to cover the cost of declaration.”
“We need clear rules and a streamlined process to avoid a logjam in new ad campaigns,” points out Chaaya Baradhwaaj.
Overall, Chaaya remains hopeful, saying “Open communication between regulators, agencies, and brands is crucial. Let’s work together to make this SDC thing work for everyone.”
While the Supreme Court’s mandate for self-declaration certificates in advertising aims to enhance accountability and protect consumers, it presents significant challenges for the industry.
Clear guidelines, streamlined processes, and open communication among regulators, agencies, and brands are essential to ensure effective implementation without stifling the fast-paced nature of advertising.
