Self-Declaration Certificates For Advertisers Now Mandatory In India

The Supreme Court of India, in a significant ruling dated May 7, 2024, has mandated that all advertisers must submit a self-declaration certificate before releasing advertisements. This directive aims to curb the proliferation of misleading advertisements and ensure consumer protection. This decision impacts advertisers and advertising agencies both foreign and domestic by introducing a new layer of compliance, potentially affecting the speed and manner in which advertisements are released. Understanding these changes is crucial for stakeholders to adapt their practices accordingly.

Background and Legal Context

The decision stems from the Supreme Court's judgment in the case of Indian Medical Association & Anr. vs. Union of India & Ors.¹. This case was brought forth by the Indian Medical Association (IMA), highlighting the rampant issue of misleading advertisements, particularly in the health and wellness sector. These advertisements often exploit