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The Ministry of Information and Broadcasting Advisory Dated 03.07.2024.pdf

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Social Samosa
Social Samosa

According to the advisory, advertisers in the Food and Health sectors must submit an annual self-declaration before printing, airing, or displaying any advertisement.

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No. 130r1/8/2024-8C.II GOVERNMENT OF INDIA MINISTRY OF INFORMATION & BROADCASTING .A'WING, SHASTRI BHAWAN, NEW DELHI _ 110001 ADVISORY Date: 3.d luly,2024 l. Advertisers and Advertising Agencies 2. Media stakeholders running advertisements on TV channels/print media./intemet Subject: compliance with Hon'ble supreme court order dated 07.05.2024 in wpC No. 645/2022-IMA & Anr. Vs. UOI & Ors. - reg. The Hon'ble Supreme court of India, vide order dated 07.05.2024 in wpc No. 645/2022-lMA & Anr. Vs. UOI & Ors., has directed as under: To, "23. ...it is deemed appropriale to invoke the powers vested in rhis Court under Article 32 of the Constitution of India for the enforcement of the fundamental right to health that encomposses the right ofa consumer to be made aware of the quality of products being ofered for sale by manufacturers, service providers, advertisers and advertising agencies. To ftt up this vacuun, it is directed that henceforth, before an advertisement is printed/aired/displayed, a Self declaration shall be submitted by rhe advertiser/advertising agency on the lines contemplated in Rule 7 ofthe Cabte Television Networks Rutes, 1994.. 24. The Self-declaration shall be uptoaded by the advertiser/advertising agency on lhe Broadcast Sewa Portal run under the aegis of the Minktry of Information and Broadcasting. As for the advertisements in the press/print Media/Internet, the Ministry is directed to teate a dedicated portal withinfour weeks from today. Immediately on the porfal being activatetl, the advertisers shall upload a Self-declaration before any advertisement is issued in the Press/Print Media/Internet. proof of uploading the Self-dectaration shall be made available by the advertisers to the concerned broadcaster/printer/publisher/7.v. Channel/electronic metlia, as the case may be, for the records. No advertisements shall be permitted to be run on the relevant channels and/or in the print media/internet vlithout uptoading the self_ declaration as direcled above. The above directions shall be treated as the law declared by this Court under Articte t l l of the Constitution ol.India.,,
2. The concerned stakeholders are hereby informed that the facility for uploading the self- declaration certificate by the advertisers/advertising agencies has been made available on the Broadcast Seva Portal (https://new.broadcastseva.gov.in,) for TV/Radio Advertisements and on the portal ofthe Press Council of India (PCI) (httos://oresscouncil.nic.inl) for advertisements on print media/intemet. 3. Accordingly, in tight of the directions of the Hon'ble Supreme Court of India, and in supersession of previous Advisories dated 03.06.2024 and 05.06.2024, advertisers/advertising agencies issuing advertisements for products and services related to Food and Health sectors are advised to upload an annual self-declaration certificate on the above mentioned portals, as applicable, and make available the proof of uploading the self-declaration to the concemed media stakeholders, such as TV channels, newspapers, entities involved in publishing of advertisements on the intemet, etc. for the record. 4. It is clarified that it shall be the responsibility ofthe advertisers/advertising agencies to ensure that every advertisement being issued by them is in adherence to the applicable Indian laws, rules and regulations in letter and spirit. 5. This issues with approval ofcompetent authority. osD (BC & NMC) Tele:23386394 Copy for information to: l. Self-Regulatory Bodies of TV channels registered under the cable Television Networks (Amendment) Rules, 2021 . 2. Self-Regulatory Bodies under Information Technology (lntermediary Guidelines and Digital Media Ethics Code) Rules, 2021 . 3. The associations/industry bodies ofstakeholders of prinvelectronic/internet media. 4. Secretary, Press Council oflndia (Kind attention: Smt. sonia Malhotra, Deputy Secretary), CGO Complex, Soochna Bhawan, New Delhi with respect to print media' 5. Secretary General, Advertising Standards Council of lndia (ASCI)

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The Ministry of Information and Broadcasting Advisory Dated 03.07.2024.pdf

  • 1. No. 130r1/8/2024-8C.II GOVERNMENT OF INDIA MINISTRY OF INFORMATION & BROADCASTING .A'WING, SHASTRI BHAWAN, NEW DELHI _ 110001 ADVISORY Date: 3.d luly,2024 l. Advertisers and Advertising Agencies 2. Media stakeholders running advertisements on TV channels/print media./intemet Subject: compliance with Hon'ble supreme court order dated 07.05.2024 in wpC No. 645/2022-IMA & Anr. Vs. UOI & Ors. - reg. The Hon'ble Supreme court of India, vide order dated 07.05.2024 in wpc No. 645/2022-lMA & Anr. Vs. UOI & Ors., has directed as under: To, "23. ...it is deemed appropriale to invoke the powers vested in rhis Court under Article 32 of the Constitution of India for the enforcement of the fundamental right to health that encomposses the right ofa consumer to be made aware of the quality of products being ofered for sale by manufacturers, service providers, advertisers and advertising agencies. To ftt up this vacuun, it is directed that henceforth, before an advertisement is printed/aired/displayed, a Self declaration shall be submitted by rhe advertiser/advertising agency on the lines contemplated in Rule 7 ofthe Cabte Television Networks Rutes, 1994.. 24. The Self-declaration shall be uptoaded by the advertiser/advertising agency on lhe Broadcast Sewa Portal run under the aegis of the Minktry of Information and Broadcasting. As for the advertisements in the press/print Media/Internet, the Ministry is directed to teate a dedicated portal withinfour weeks from today. Immediately on the porfal being activatetl, the advertisers shall upload a Self-declaration before any advertisement is issued in the Press/Print Media/Internet. proof of uploading the Self-dectaration shall be made available by the advertisers to the concerned broadcaster/printer/publisher/7.v. Channel/electronic metlia, as the case may be, for the records. No advertisements shall be permitted to be run on the relevant channels and/or in the print media/internet vlithout uptoading the self_ declaration as direcled above. The above directions shall be treated as the law declared by this Court under Articte t l l of the Constitution ol.India.,,
  • 2. 2. The concerned stakeholders are hereby informed that the facility for uploading the self- declaration certificate by the advertisers/advertising agencies has been made available on the Broadcast Seva Portal (https://new.broadcastseva.gov.in,) for TV/Radio Advertisements and on the portal ofthe Press Council of India (PCI) (httos://oresscouncil.nic.inl) for advertisements on print media/intemet. 3. Accordingly, in tight of the directions of the Hon'ble Supreme Court of India, and in supersession of previous Advisories dated 03.06.2024 and 05.06.2024, advertisers/advertising agencies issuing advertisements for products and services related to Food and Health sectors are advised to upload an annual self-declaration certificate on the above mentioned portals, as applicable, and make available the proof of uploading the self-declaration to the concemed media stakeholders, such as TV channels, newspapers, entities involved in publishing of advertisements on the intemet, etc. for the record. 4. It is clarified that it shall be the responsibility ofthe advertisers/advertising agencies to ensure that every advertisement being issued by them is in adherence to the applicable Indian laws, rules and regulations in letter and spirit. 5. This issues with approval ofcompetent authority. osD (BC & NMC) Tele:23386394 Copy for information to: l. Self-Regulatory Bodies of TV channels registered under the cable Television Networks (Amendment) Rules, 2021 . 2. Self-Regulatory Bodies under Information Technology (lntermediary Guidelines and Digital Media Ethics Code) Rules, 2021 . 3. The associations/industry bodies ofstakeholders of prinvelectronic/internet media. 4. Secretary, Press Council oflndia (Kind attention: Smt. sonia Malhotra, Deputy Secretary), CGO Complex, Soochna Bhawan, New Delhi with respect to print media' 5. Secretary General, Advertising Standards Council of lndia (ASCI)