India’s Supreme Court has exercised its inherent constitutional powers and issued directions that, before an advertisement concerning food and health products or services is displayed/ aired/ printed/, the concerned advertiser / advertising agency will have to issue a self-declaration to the concerned electronic media / T.V. Channel / broadcaster / printer/ publisher/ electronic media stating that the “the advertisement does not make misleading claims and complies will all relevant regulatory guidelines”. A breach of these directions may result in contempt of the Supreme Court and be punishable under the Contempt of Courts Act, 1971. It may also result in breach of relevant sectoral laws, for example, in case of TV advertisements, it may result in breach of Cable Television Network Act, 1995. This has been clarified by Ministry of Information and Broadcasting in its circulars (1, 2).
The key thing to note is that the legal obligation has been cast on the owners and operators of electronic media (Google, Facebook, Instagram, YouTube etc), T.V. Channels, Radio Stations, Print and Digital News Websites etc. to ensure that the prescribed self-declaration is in place before the advertisement is accepted and published.
In order to ascertain the genuineness of the self-declaration, the Ministry of Information and Broadcasting and Press Council of India have respectively created dedicated portals where the self-declaration issued by advertisers/advertising agencies can be accessed and verified.
How to make self-declaration for advertisement over internet and print medium?
An advertiser who wishes to make any advertisement in relation to food or health products (health supplements, drugs, medical devices, dental products, nutraceuticals, food for special medical purposes, cosmetics, condoms etc.) or health services (telemedicine, physiotherapy, dental consultation etc.) over the internet or print medium should take the following steps:
Step 1 – Sign up on the dedicated portal: https://cbcindia.gov.in/cbc/advt-login
Step 2 – Fill the required details, and upload the Letter of Authorization in prescribed format
Step 3 – Generate Self-Declaration by providing mandatory details the following mandatory details:
- Product / Service Name
- Brief Description of Advertisement Content
- Title of Advertisement
- Nature of Advertisement (Internet Video, Internet Static, Print)
Step 4 – The Form of Self-Declaration will be automatically generated. It should be downloaded for signatures.
Step 5 – The signed Self-Declaration (which will be autogenerated) should be uploaded. Once uploaded, it should be directly accessible for download by Advertiser as well as general public.
How to make self-declaration for advertisement over TV and Radio.
An advertiser who wishes to make any advertisement in relation to food or health products (health supplements, drugs, medical devices, dental products, nutraceuticals, food for special medical purposes, cosmetics, condoms etc.) or health services (telemedicine, physiotherapy, dental consultation etc.) over the T.V. Channels or Radio Stations should take the following steps:
Step 1 – Sign up on the dedicated portal: bit.ly/3RZh3D5
Step 2 – Fill the required details, and upload the Letter of Authorization in prescribed format
Step 3 – Submit the following mandatory details:
- Product / Service Name
- Title of Advertisement
- Advertisement URL
- Date of First Release of Advertisement
- Nature of Advertisement (Internet Video, Internet Static, Print)
Step 4 – Upload the Letter of Authorization Form (template provided here: bit.ly/4bBk43E
Step 5- Upload Self-Declaration Certificate (template autogenerated)
Step 6- Submit the Form with details as described above, after uploading the Letter of Authorization and Self-Declaration Certificate.
Once submitted, it should be directly accessible for download by Advertiser as well as general public.
How to verify self-declaration made by advertisers
Owners and operators of electronic media, and print and digital publications, may visit the following link to verify if the self-declaration of advertiser is genuine or not: https://cbcindia.gov.in/cbc/advt-public-list
Owners and operators of T.V. Channels and Radio Stations may visit the following link to verify if the self-declaration of advertiser is genuine or not: bit.ly/4bBk43E
How to ensure that advertisement does not make misleading claims and complies with all relevant laws?
The Indian law surrounding misleading claims is scattered across various statutes, and has been shaped by Courts to keep pace with changing times. The key legislations which apply to food and health products and services are: Consumer Protection Act, 2019, The Guidelines for Prevention of Misleading Advertisements and Endorsements for Misleading Advertisements, 2022, The Food Safety and Standards Act, 2006, The Food Safety and Standards (Advertising and Claims) Regulations, 2018, The Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954) and Rules, 1955, The Drugs and Cosmetics Act, 1940, and Drugs Rules, 1945, The Medical Devices Rules, 2017 and The Cosmetics Rules, 2020, The Legal Metrology Act, 2009 and Legal Metrology (Packaged Commodities) Rules, 2011.
Conclusion
Considering the Supreme Court order and Circulars of the Ministry of Information and Broadcasting, all advertisers, broadcasters and publishers (both print and digital, video and static medium) must now ensure compliance with the requirement of self-declaration and familiarize themselves with misleading advertisement laws.