MIB working on rules to regulate online ads, influencer marketing
In response to the parliamentary standing committee, the Ministry of Information and Broadcasting has shared that it is working on formulating rules to regulate online advertisements, including influencer marketing.
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The Ministry of Information and Broadcasting (MIB) is developing rules for regulating online advertisements, including influencer marketing.
In its response to the Parliamentary Standing Committee on Communications and Information Technology, the Ministry said, "MIB is in the process of formulating rules for regulation of online advertisements as per allocation of business. The committee would like to be apprised of the status of formulation of these rules for regulations of online advertisements."
The committee's Third Report on Demands for Grants (2024-25) of MIB was issued on December 16.
The Central Government vide notification dated July 28, 2023 amended 'Allocation of Business Rules' and subject relating to online advertisements. Meaning, content made available by online content providers/ publishers were brought under the mandate of Ministry of I&B.
The revised entry under the 'Allocation of Business Rules' of the Ministry includes: films and audio-visual programmes/content made available by online content providers/publishers; news and current affairs content on online platforms and online advertisements. The Ministry now says it is in the process of formulation of 'rules for regulation of online advertisements as per Allocation of Business' amended on July 28, 2023. The Rules relating to content of digital news and content on OTT platforms which are administered by the Ministry of Information and Broadcasting inter-alia provides for a Code of Ethics for the publishers of news and current affairs on digital media and publishers of online curated content (OTT Platforms).
The three broad features are: i. Code of Ethics for digital news publishers and OTT Platforms ii. Three Tier Grievance Redressal Mechanism as under : a. Level-I- Publisher b. Level-II- Self –Regulating Body of publishers, and c. Level-III- Oversight Mechanism of Central Government iii. Furnishing of information by publishers to the Government
In terms of regulation, it is to be noted that following the Supreme Court directive of May (2024), the Ministry had also introduced a new feature on the Broadcast Seva Portal of for TV and Radio Advertisements and on Press Council of India’s portal for Print and Digital/Internet ads to submit the certificate signed by an authorised representative of the advertiser/advertising agency.
This 'self-declaration certificate/mechanism', however, raised serious concerns about its feasibility in an increasingly creative and complex and velocity and volume-driven adscape. Later, it was restricted to the food and health sector only.
With an aim to ensure ensure responsible digital advertising, the Ministry had launched the Digital Advertisement Policy in November, 2023, to enable and empower the Central Bureau of Communication (CBC), the Central government’s advertising wing, to undertake campaigns in the digital media space.
This policy intended to allow the advertising wing of the government to disseminate information and create awareness regarding schemes and programmes run by the Centre.
The Central Consumer Protection Authority (CCPA) already regulates various ad categories and enforces duties on advertisers to prevent misleading ads — including bait, surrogate, and children-targeted ads, whereas ASCI monitors and addresses violations in digital advertising.
Despite such mechanisms, the digital media has been reported with the highest number of violations of ASCI guidelines and with non-compliance as well.
