MIB updates SDC mandate for food, health and health drinks sector; sets up committee to address advertiser concerns

New Delhi: The Ministry of Information and Broadcasting has restricted the requirement of self-declaration to the food and health sectors only. Moreover, these sectors will now have to submit the self-declaration certificate only once a year. This directive was announced on July 3, 2024.

The directive states: “it is deemed appropriate to invoke the powers conferred on this Court under Article 32 of the Constitution of India for the purpose of enforcing the fundamental right to health which includes the right of the consumer to be informed about the quality of products offered for sale by manufacturers, service providers, advertisers and advertising agencies.”

It is recommended that advertisers/advertising agencies advertising food and health products and services submit an annual certificate of declaration and share proof of declaration submission with relevant media entities such as TV channels, newspapers, online advertising agencies, etc. for documentation purposes.

The Self-Declaration is to be uploaded by the advertiser/advertising agency on the Sewa Broadcast Portal run under the aegis of the Ministry of Information and Broadcasting. In case of advertisements in print/press media/internet, the Ministry is required to create a dedicated portal within four weeks from today. Immediately after the activation of the portal, advertisers are required to upload the Self-Declaration before broadcasting any advertisement in print/press media/internet.

Earlier, the Ministry of Information and Broadcasting had softened its stance on no change to the self-certification requirement, showing a willingness to take advertisers’ concerns into account at the implementation stage.

During a meeting with industry representatives on June 25, the ministry announced the establishment of a central commission that will prepare a motion to the Supreme Court by July 9. The ministry assured that advertisers’ opinions will be included in the report.