New self-declaration mandate for ads gets a thumbs-up from industry
The food and health sector will need to exercise more restraint; number of complaints could drop
- Jul 4, 2024,
- Updated Jul 4, 2024 11:18 AM IST
The decision of the Ministry of Information & Broadcasting (MIB) to limit the self-declaration of advertisements to the food and health sectors has provided both relief and clarity. The order put out in this regard states, “that the enforcement of the fundamental right to health that encompasses the right of a consumer to be made aware of the quality of products being offered for sale by manufacturers, service, providers, advertisers and advertising agencies.”
This is a clear difference from what was put out earlier, where the sectors were not mentioned. At that point advertisers and agency heads said it would lead to a situation, where overseeing every advertisement across mediums was almost impossible.
Sandeep Goyal, Chairman of advertising agency, Rediffusion, said the amendment announced by the MIB is very sensible and in the right direction. “The earlier requirement was going to create a lot of bureaucracy. This yearly declaration for the food and health categories and probable amnesty for others will save a lot of unnecessary work,” he thinks. The objective of the amendment, to him, is to curb puffery. “As long as that objective is met, self-declaration is god for the ethics of the business.”
Harish Bijoor picks out the digital medium to drive home a point. “There are 30 lakh advertisements put out each year and timing is most important for a marketer. What was initially proposed would have been extremely time-consuming,” he says. Specifically on the food and health sectors, he believes the new regulations come in the wake of issues in the malted foods category. “It is good since it fights socially ostracised like sugar and salt. It is time for restraint for those making ridiculous claims,” he thinks. Clearly, areas like cosmetic and skincare advertisements will be looked at very carefully. “What goes into the mouth or on to one’s skin must be governed very strictly. Over time, there is a good chance that the number of complaints will drop.”
Manisha Kapoor, Secretary General, Advertising Standards Council of India (ASCI) says the MIB advisory supersedes its earlier advisories on the self-declaration requirements. Now advertisers and advertising agencies issuing advertisements for products and services related to food and health sectors need to upload an annual self-declaration certificate (on specified portals) and make that available to concerned media stakeholders, such as television, newspapers or internet.
“The MIB has taken cognisance of the various issues related to the working of the portal and the manner in which digital advertising functions as well as noting that the court had expressed concern with primarily the food and health sectors.” According to her, commitment to honest advertising remains paramount and the industry must be compliant with all applicable laws. “Advertising is under increased regulatory scrutiny and advertisers and agencies should take the required steps to ensure compliance.”
The decision of the Ministry of Information & Broadcasting (MIB) to limit the self-declaration of advertisements to the food and health sectors has provided both relief and clarity. The order put out in this regard states, “that the enforcement of the fundamental right to health that encompasses the right of a consumer to be made aware of the quality of products being offered for sale by manufacturers, service, providers, advertisers and advertising agencies.”
This is a clear difference from what was put out earlier, where the sectors were not mentioned. At that point advertisers and agency heads said it would lead to a situation, where overseeing every advertisement across mediums was almost impossible.
Sandeep Goyal, Chairman of advertising agency, Rediffusion, said the amendment announced by the MIB is very sensible and in the right direction. “The earlier requirement was going to create a lot of bureaucracy. This yearly declaration for the food and health categories and probable amnesty for others will save a lot of unnecessary work,” he thinks. The objective of the amendment, to him, is to curb puffery. “As long as that objective is met, self-declaration is god for the ethics of the business.”
Harish Bijoor picks out the digital medium to drive home a point. “There are 30 lakh advertisements put out each year and timing is most important for a marketer. What was initially proposed would have been extremely time-consuming,” he says. Specifically on the food and health sectors, he believes the new regulations come in the wake of issues in the malted foods category. “It is good since it fights socially ostracised like sugar and salt. It is time for restraint for those making ridiculous claims,” he thinks. Clearly, areas like cosmetic and skincare advertisements will be looked at very carefully. “What goes into the mouth or on to one’s skin must be governed very strictly. Over time, there is a good chance that the number of complaints will drop.”
Manisha Kapoor, Secretary General, Advertising Standards Council of India (ASCI) says the MIB advisory supersedes its earlier advisories on the self-declaration requirements. Now advertisers and advertising agencies issuing advertisements for products and services related to food and health sectors need to upload an annual self-declaration certificate (on specified portals) and make that available to concerned media stakeholders, such as television, newspapers or internet.
“The MIB has taken cognisance of the various issues related to the working of the portal and the manner in which digital advertising functions as well as noting that the court had expressed concern with primarily the food and health sectors.” According to her, commitment to honest advertising remains paramount and the industry must be compliant with all applicable laws. “Advertising is under increased regulatory scrutiny and advertisers and agencies should take the required steps to ensure compliance.”