Exclusive: MIB to evaluate which products in health sector will require SDCs

In a recent meeting with the Ministry of Information and Broadcasting (MIB), confusion persists regarding Health as a category for the Self-Declaration Certificate (SDC). According to recommendations made by industry stakeholders, food companies which fall under the purview of Food Safety and Standards Authority of India (FSSAI) will need to acquire an SDC to advertise on any medium.

Additionally, stakeholders recommended that digital platforms should not be required to take self-declaration on record. Their only obligation would be to remove non-compliant ads when notified. The Advertising Standards Council of India (ASCI) will play a crucial role in flagging such non-compliant advertisements to the platforms.

A senior industry leader familiar with the developments, said, “We feel that there will be further discussions with MIB on defining health as a category. It involves complex laws that define drugs as a category for the health sector, and MIB is trying to determine which products and services should be considered for obtaining SDCs. The definition of Food as a category for SDC has been clarified, and all stakeholders are aligned with MIB.”

Moreover, MIB is considering a single-click approach for advertisers and other stakeholders. Another stakeholder, speaking anonymously, said, “From a digital perspective, there is still no clarity on what digital platforms can do regarding SDCs. MIB is looking at a single-click approach for advertisers to declare their certification. We have recommended that there is no requirement of advertisers to submit SDCs to digital publishers.”

Role of ASCI for the SDCs was discussed during the meeting, the stakeholder said, “ASCI will play a crucial role in this to ascertain what can be done for digital publishers. It was recommended that the non-compliant ads will be flagged by ASCI to the digital platforms and it will be the responsibility of the platform to take down the advertisement.”

The MIB is yet to finalize the wordings which will be mentioned on the certificate for advertisers, it will be further discussed with the stakeholders.

Advocate Gowree Gokhale, a Technology, Media and Telecommunication lawyer, said, “I believe that for advertisements appearing in print, television, and online media, there should be a single annual self-declaration by advertisers. Self-declarations could be made for products and services or at a company level to cover all products and services.”

Defining food categories as per the law, Gokhale said, “Defining Food and Health categories (only applicable to food and health products and services consumed by humans) for food products is covered by the Food Safety and Standards Act, 2006, and the rules framed thereunder. Health products are covered as drugs under the Drugs and Cosmetics Act, 1940, and health services are covered by the Clinical Establishments (Registration and Regulation) Act, 2010.”

Gokhale further stated, “Only advertisements that make claims about the quality of food should be considered for SDC, while advertisements that make claims about delivery time, discount offers, etc., should not be included in the SDC scope.”

The stakeholders including big tech platforms such as Meta, broadcasters, Indian Society of Advertisers (ISA), Digital News Publishers Association (DNPA), ASCI, among others met MIB officials on July 19. The meeting was chaired by Sanjay Jaju, Secretary, Ministry of Information and Broadcasting.

On July 3rd, MIB modified the SDC mandate and restricted the mechanism to only food and health advertisements. Also, the mandate for 'every ad' was changed to the 'annual SDCs'. The SC on July 9th had directed the MIB to continue conducting brainstorming sessions with stakeholders on how an implementable mechanism can be achieved. In the interim, the MIB advisory remains in force. The matter has now been listed for July 30.