Technology Laws, Policy & Regulation | Views are personal - Talks about #Gaming, #Regulation, #Digitalplatforms, #Datagovernance, #Competition and #Techpolicylandscape in India
#RegulatoryUpdate Ministry Of Information & Broadcasting convened a meeting with industry associations yesterday on 11 June to discuss compliance with the new guidelines issued by it on 5 June. The industry's request for a time extension is unlikely to be entertained. So the deadline remains 18 June. It has also been reiterated that MIB does not have the locus standi to intervene on the subject, as it merely executes Hon'ble SC's orders. The aggrieved will need to implead before the SC after courts reopen in July. 📀New self-declaration mechanism for Advertising and its compliance obligation from 18 June 2024📀 ⏯ Starting 18th June, advertisers must submit self-declaration forms before running ads on print, TV, and the internet. Specifically, they need to confirm that the ad does not make misleading claims and complies with all relevant regulatory guidelines by submitting a self-declaration form on MIB portals. (The form will include details of ads such as title, description, and full script) ⏯ Context & Sequence of Events ♦ Indian Medical Association filed a case against Patanjali prccs for misleading claims following which the Hon'ble Supreme Court of India issued warnings to Patanjali, and eventually placed temporary bans on its ads. Patanjali was also directed to publish apologies in newspapers etc. ♦ On 7 May 2024, SC extended the scope of the case to all ads, making it sector agnostic, and announced a mandatory self-declaration regime for running ads, urging Ministries to establish procedures that will encourage consumers to lodge complaints. ♦ Specifically, it directs MIB to create a dedicated portal within 4 weeks ♦ On 5 June 2024, MIB operationalizes portals and issues guidelines for compliance ⏯ Nature of Compliance – The Advertiser must upload a self-declaration form on www.broadcastseva.gov.in and www.presscouncil.nic.in before any ad is issued on the TV/print/internet. Proof of uploading is to be shared by the Advertiser with the concerned broadcaster/printer/publisher/TV channel/ electronic media. No Ad is permitted to be run without uploading the self-declaration. These are to be treated as laws declared by the SC under Section 141 of the Constitution of India ⏯ Grey Areas – ♦ The complex and nuanced nature of digital ads esp. via automated tools is yet to be defined. ♦ Clarity on scope – mediums impacted, the format of declaration, the mechanism to operationalize the order ♦ If the self-declarations are made public on the two portals, it will create privacy risks and become anti-competitive ⏯ Compliance burden on small businesses (as always) – Smaller players hugely rely on digital ads for visibility and promoting their business ⏯ Key Recommendations ♦ Extension of go-live date of 18 June ♦ Different approaches for digital ads ♦ Exemption for small businesses ♦ Consider an initial trial period for roll-out ⏯ Next Steps- MIB will convene a meeting on 11 June with key stakeholders to ensure implementation and peruse
Technology Laws, Policy & Regulation | Views are personal - Talks about #Gaming, #Regulation, #Digitalplatforms, #Datagovernance, #Competition and #Techpolicylandscape in India
3wPls note Aayush Gupta Bharat Bhatia Bobby Garg Gagan Kharbanda Saurabh Aggarwal Akshay Chachra Sumanta Dey Rohit Chauhan Aakriti Singh Sameer Chugh Tutelar E-Gaming Federation