Why is the ad industry unhappy with MIB’s self-declaration mandate?

The Supreme Court, in May this year, directed the Ministry of Information and Broadcasting (MIB) to ensure that advertisers and ad agencies submit self-declarations for every ad they put out. In these self-declarations, the advertisers would have to certify that their ads contain no ‘misleading’ content and are in compliance with all applicable regulations. With the Ministry complying with the apex court directive, starting from June 18, no new ad campaigns can be released without this self-declaration.

This mandate seems well-intentioned – the objective is to curb misleading ads and protect consumer interest. But it has not found favour with industry bodies. It is expected that for the next three weeks, there might even be a slowdown in the launch of new ads.

So, what exactly triggered this new mandate? Why is the ad industry unhappy about it? And if this is not the best way to protect consumers from fake claims, what are the alternatives that India could explore?

Guest: Gowree Gokhale, lawyer with Nishith Desai and Associates, who specialises in Technology, Advertising, Media and Entertainment, and Data Protection law.

Host: G. Sampath, Social Affairs Editor, The Hindu

Edited by Jude Francis Weston

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