'This is completely unviable': Anupam Mittal on self-declaration certificate rule for advertisers

Shaadi.com founder and Shark Tank India judge Anupam Mittal recently, in a post on X (formerly Twitter), criticised the Supreme Court mandate that advertisers and agencies must submit a self-declaration certificate before an ad is released. 

"This is completely unviable," Mittal said, adding that "How will digital advertisers who create 100s of creatives a month comply with a directive like that?"

"This will hurt our digital competitiveness globally by increasing costs and slowing us down," Mittal added.

This is completely unviable. https://t.co/0iC65sbNew@MIB_India How will digital advertisers who create 100s of creatives a month comply with a directive like that? This will hurt our digital competitiveness globally by increasing costs and slowing us down 🥲

— Anupam Mittal (@AnupamMittal) June 4, 2024

The Supreme Court mandate

The Supreme Court of India issued a directive in its order dated May 7, 2024, mandating that all advertisers and advertising agencies must submit a Self-Declaration Certificate before publishing or broadcasting any advertisement.

Following this directive, the Ministry of Information and Broadcasting introduced a new feature on the Broadcast Seva Portal for TV and Radio Advertisements and on the Press Council of India’s portal for Print and Digital/Internet Advertisements. 

The certificate, signed by an authorized representative of the advertiser or advertising agency, needs to be submitted through these portals.

The Self-Declaration Certificate is required for all new advertisements that will be issued, telecast, aired, or published on or after June 18, 2024.

What does the certificate certify?

This certificate certifies that the advertisement (i) does not contain misleading claims and (ii) complies with all relevant regulatory guidelines, including those stipulated in Rule 7 of the Cable Television Networks Rules, 1994, and the Norms of Journalistic Conduct of the Press Council of India.

Advertisers must provide proof of uploading the Self-Declaration Certificate to the relevant broadcaster, printer, publisher, or electronic media platform for their records.

As per the court’s directive, no advertisement will be permitted to run on television, print media, or the internet without a valid Self-Declaration Certificate.

Netizens reaction

While Mittal criticized the mandate, other users also joined him in explaining the challenges of implementing these measures.

"Agree 100% . The other challenge is for intermediaries who broadcast these ads is to make sure they have all the paper trail or indemnify themselves from any possible fallout . From creator to distributor it will become crazier . Influencers will also have to file each creative rendition.  With 100's of creative and multiple resizes it's a snowball downhill," a user explained.

"According to me, even a brand's social media handle is an advertisement. So, what is one supposed to do here? Submit an undertaking for every social media post to the portal before taking it live?," another wrote.

"Well, the intent is good but needs to be implemented properly. If we are not mistaken, this is the outcome of the court directive to stop fraudulent herbal ads and financial scam app ads," the third said.

Something similar happened with jewellery hallmarking so I don't think it will be that difficult to adjust for the people of India.

— Karan Sancheti (@Karansanchetii) June 5, 2024

It's the content or message the advt is trying to potray that needs compliance. Not the creative part or it's presentation. I think the onus should lay with the product/service company to ensure whether the advts are not making false claims.

— Abhishek Patil (@_abhishek_patil) June 4, 2024