States

Supreme Court Issues Directives to AYUSH Drug Manufacturers, Advertisers, and Advertising Agencies to Curb Misleading Advertisements

Advertisers and Advertising Agencies are Required to Self-Certify: Adherence to Prescribed Advertisement Code is Mandatory

Self-Declaration Must be Submitted Before Printing, Broadcasting, or Displaying Advertisements

Facility to Upload Self-Declarations Initiated on Ministry of Information and Broadcasting’s Broadcasting Services Portal and Press Council of India’s Portal

Raipur (thestates.news) | The Supreme Court has issued comprehensive directives to AYUSH drug manufacturers, advertisers, and advertising agencies to curb misleading advertisements and protect the interests of the consumer and the general public.

According to information received from the Directorate of AYUSH, Chhattisgarh, in the case of Indian Medical Association (IMA) & Others vs. Union of India & Others, the Supreme Court issued an order on May 7, 2024, aimed at curbing misleading advertisements and protecting consumers’ interests. As per the order, advertisers and advertising agencies must present a self-declaration before broadcasting or publishing their advertisements, certifying that their advertisement does not violate the advertisement code prescribed under the Cable Television Network Rules, 1994.

The Supreme Court has directed that before any advertisement is printed, broadcasted, or displayed, a self-declaration must be submitted by the advertiser or advertising agency on the specified portal. This declaration will certify that their advertisement does not violate the advertisement code prescribed under the Cable Television Network Rules, 1994. Proof of upload by the relevant broadcaster, printer, publisher, TV channel, or electronic media, as the case may be, will be maintained for record purposes.

In compliance with the Supreme Court’s directives, the Ministry of Information and Broadcasting has launched a new facility on the Broadcasting Services Portalhttps://new.broadcastseva.gov.in/digigov-portal-web-app/for TV and radio, and on the Press Council of India’s portal (https://www.presscouncil.nic.in/)for print, digital, and internet media. This facility enables advertisers and advertising agencies to upload their self-declarations and generate self-certificates before broadcasting or publishing their advertisements. This portal has been operational since June 4, 2024.