Media organisations voice concerns over mandatory self-declaration for advertisements

In the context of an earlier direction in the Patanjali misleading ads case that imposed restraints on advertising agencies, the Supreme Court clarified today that its intention is not to cause harassment. Instead, the focus is on specific sectors and aspects, and any misinterpretations will be addressed, as mentioned in a report by Live Law.

This observation came from a bench of Justices Hima Kohli and Sandeep Mehta, who issued notices on multiple interlocutory applications (IAs) filed by the Internet and Mobile Association of India, the Association of Radio Operators for India, the Broadband India Forum, the Indian Newspaper Society, and others, highlighting issues faced by the advertising industry.

The bench observed in the order, "We are of the opinion that the industry (advertisement industry) should not suffer in any manner. The focus of this Court has already been highlighted in previous orders and needs no repetition. The Ministry is directed to continue the churning of ideas and have further meetings in this direction and file an affidavit making its recommendations."

The applications were filed in response to the court's May 7 order, which invoked its power under Article 32 of the Constitution. The order mandated that advertisers and advertising agencies submit a self-declaration before any advertisement is printed, aired, or displayed, and that proof of this declaration be provided to the relevant media outlets.

Justice Kohli remarked that the court's intention is not to cause harassment but to focus on specific sectors and aspects, and any misinterpretations will be clarified. The judge inquired from Additional Solicitor General KM Nataraj whether the Government had convened any meetings to address these issues. The ASG responded that the Ministry of Information and Broadcasting had already held high-level meetings with various stakeholders to resolve the challenges they face.

Upon hearing this, the bench directed the Ministry to continue its efforts and hold further meetings, with an affidavit of recommendations to be filed subsequently.