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On 3rd June, the Ministry of Information and Broadcasting, in compliance with a Supreme Court directive, announced a mandate that would require a self-declaration certificate (SDC) to be submitted by advertisers and ad agencies on the Broadcast Seva Portal and Press Council of India portal. The SDC must be submitted before the publication or broadcast of ads. There was ambiguity and confusion surrounding the SDC. To help us understand its impact on the industry and challenges for advertisers, agencies and media organizations, Storyboard18's editor Delshad Irani spoke to a panel of brand, legal and policy experts to unravel the complexities of such measures. The panel included Gowree Gokhale, Partner, Nishith Desai Associates, IP, Tech, M&E Lawyer, Lloyd Mathias, Business Strategist & Investor, Kazim Rizvi, Founding Director, The Dialogue, Ahmed Aftab Naqvi, Global CEO & Co-Founder, Gozoop Group. Watch the full discussion on Media Dialogues With Storyboard18 on CNBC-TV18 Note to viewers: Revised advisory issued on July 3 by MIB on Food & Health sector only with a provision of an annual declaration. Check Storyboard18.com for detailed advisory. #businessnews #businessnewstoday #businessnewsinenglish #cnbctv18 #Storyboard18 Storyboard18

Transcript

On your point about defenses, while we have the defenses and when you're trying to put that in place, Gauri, let's talk about the enforcement part of it, which is the crux of the matter, right? There are existing laws, gamut of laws across sectors, different products, different brands all come into that. You know, when what's the way forward when it comes to enforcement, We know that the SDC in the current form is not a very viable option. There is of course. Considerations being taken into account right now to simplify the process to you know have a sort of one time upload of an SDC by legal entity. There are you know other other sort of things are taking into consideration to simplify and just make it easier and more sensible, one would one would say for all stakeholders. But again, the broader question it all comes down to is enforcement. So what's the way forward after if we've crossed this barrier? Sure. So I think let's take a step back in terms of, you know, the point on enforcement will be effective only if there is awareness #1 awareness at advertiser level and awareness at the consumer level, right? So let's first identify the awareness point, right? That has to be solved first. And there also I would put into two. Categories or maybe three, right? The high risk as Kazim said, right? Because if you really see when the court order, umm, they start by saying it is for consumer health that we are doing this, but the, the ambit of the order is very wide, right? So what are those high risk items where you really need a lot of awareness. So I think first awareness of the high risk items in the 1st place as to what you cannot do. And to some extent it's already being done. For example, dark patterns regulations came out from the consumer affairs ministry of working on green washing because there is a lot of green washing claims. Right. So some specific things because when the law is very broad, you know, people don't really relate to understand how to imply or rather you know, comply with that, but you can get into specifics, you know, greenwashing is bad with examples. So first, that itself creates awareness, right? Be specific of the issues, right? So that is number one. Number two is awareness in terms of what are the avenues to take your complaint to the relevant regulator. Right, There are already help lines and things like that, right. So more awareness the the way we saw awareness of by RBI that you know, do not share OTP, it was a very simple direct message. Can you create more such awareness campaigns in terms of redressal mechanism, right. And the 4th one, of course, enforcement. When I say enforcement, there are multiple regulators. See the problem today is you have a CPA which is a very good thing under the new Consumer Protection Law 2019, which we did not have a regulator. But at the same time something is misleading. Or not especially in the food and you know, drugs and cosmetics. It's a very technical issue because I deal with, you know, some of these technical issues. I know that CPA may not necessarily have the wherewithal to deal with that issue. So they will have to pass it on to the relevant ministry. And that is where the ball may drop because you know, there are so many ministries, different ministries looking at these issues. So can you have like a centralized system where CPA itself, but you know, you have a, there are relevant ministry sitting with them as an expert? Or something and resolve that issue there and then rather than just, you know, passing it on. And I think that is one of the issues that the court may have realized that somewhere the ball is being being dropped, right? So there it has to be. And I have seen that, right, because you have state FDA is dealing with something at a state level, right? So because of these multiplicity of situations, I think that is where I feel the enforcement is somewhere lacking. And the last piece I would say is ASKI, which is playing its role, but there are situations where asking, you know. So probably an advertiser may not listen to it, then they may escalate to the CCP. They have an MO U in place and all of that, right? So this has to be. For teeth and as he said, you know, can there in only penalty or something is it sufficient or there can be like to say that OK, you cannot advertise for next two months or something like that, right, the suspension. So those are the things. But honestly in our digital space, they can go directly as a UGC content and still advertise. So I don't think it's going to be very difficult to you know impose a ban or something in a digital space honestly, right. But I think some of these modalities can be thought through, but the more important thing is. Different regulators together working, especially on the high risk item.

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