MIB recommends exempting ASCI members, print & start-ups from SDC in SC affidavit: Report

The Ministry of Information and Broadcasting (MIB) has submitted an affidavit to the Supreme Court, recommending one Self Declaration Mandate (SDC) for all media on August 23, said a news report. It has reportedly suggested the provision for all ads in a single portal only for the Food and Health sector.

The report said that in its suggestions, MIB recommended exempting ad agencies, print media, ASCI members, and startups from the SDC mechanism.

The ministry also reportedly suggested treating the period from to the day of final verdict as a trial period.

MIB’s affidavit comes after SC’s order, directing the ministry to submit an affidavit within three weeks with recommendations on SDC mechanism for ads.

A bench comprising Justice Hima Kohli and Justice Sandeep Mehta asked MIB to submit an affidavit comprising recommendations for the SDC mechanism.
The Supreme Court also said, “Let the copies of the affidavits be furnished to the amicus and any non-compliance by states shall be informed to this court and let a note be submitted before the next hearing.”

According to the Apex Body, the intention of the court is not to cause any harm to anybody. The intention is only to focus on particular sectors and particular aspects. Whatever is extraneous and somehow is being interpreted otherwise shall be clarified.

The affidavit was reportedly filed by Senthil Rajan, Joint Secretary in the MIB, seeking exemption for ad agencies, and exclusion of programmatic ads and user-generated content from the SDC system.

The news reported quoted him stating that creative agencies focus on developing ads based on the advertisers’ mandate and claims about their products or services. Media agencies handle the advertisers’ media planning and purchasing. Performance agencies aid by using data, tech and expertise for success in the digital space. Hence, said Rajan, that such agencies should not be compelled to upload SDCs because a single advertiser may have many agencies.

Rajan also reportedly said that programmatic ads published on digital platforms are carried through network agencies and real-time bidding from open market and therefore should not be liable for SDCs.

He also emphasised that user-generated content and online ads be excluded from SDC.

In the affidavit, Rajan also reportedly suggested exempting ASCI members from SDCs as they have a track record of voluntarily complying with the ASCI Code, which complies with various ad laws of the country. The affidavit also suggested exempting print media from seeking SDCs, since the industry is compliant with regulations of ASCI and Press Council of India.

MIB also reportedly suggested restricting SDC mandate to medical-related ads that make misleading health claims, limiting to Ayurvedic products.

It also reportedly pushed for a user-friendly single portal that can be accessible to relevant stakeholders.

The report also mentioned that MIB sought exemptions for all platforms taking proof of SDC uploads from advertisers, which the ministry believed is only an excessive step.  

Recommendations of Association of Radio Operators for India (ARON), Internet and Mobile Association of India (AMAI), Broadband India Forum (BIF), Indian Newspaper Society (INS), Indian Society of Advertisers (ISA) and Advertising Agency Association of India (AAAI) were part of the affidavit, which included the request for a single portal and suggestion that SDCs should be the onus of private companies and advertisers, not ad agencies.