The Supreme Court on Tuesday directed the Ministry of Information and Broadcasting (MIB) to reassess the implementation of the ‘self-declaration certificate’ (SDC) requirement for advertisements across various media platforms.
The directive comes after several industry bodies, including IAMAI, AAAI, and the Indian Society of Advertisers (ISA), sought intervention in the matter, citing concerns over operational difficulties.
During the hearing, Justice Hima Kohli emphasized the court’s intent not to harass any particular sector, stressing the need for clarity and practicality in enforcing the SDC mandate. She highlighted that the purpose of the court’s intervention is to streamline the process without causing undue burden.
Justice Kohli endorsed the continuation of dialogues, encouraging the MIB to conduct further meetings with industry representatives to refine the implementation framework.
Under the court’s directive, the MIB is required to submit a comprehensive affidavit within three weeks, detailing recommendations on how to enhance the efficacy of the SDC mechanism. This affidavit will be shared with the court-appointed amicus curiae for review and feedback.
The court session also saw suggestions for optimizing the process, including the consolidation of SDC upload portals into a single platform. This proposal aims to simplify compliance for advertisers across different sectors.
The MIB’s initial advisory on June 18 mandated SDCs for all advertisements, a move that sparked considerable debate and concern within the advertising community. However, following discussions, the Ministry revised its stance on July 4, limiting the SDC requirement to advertisements related to food and health sectors annually.
The matter is scheduled for further deliberation on July 30, as the court seeks to balance regulatory objectives with industry practicalities.
