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REPORTABLE

IN THE SUPREME COURT OF INDIA

CIVIL ORIGINAL JURISDICTION

WRIT PETITION (CIVIL) NO. 13 OF 2003

COMMONCAUSE ...PETITIONER(S)

VERSUSUNIONOF INDIA ...RESPONDENT (S)

WITH

W.P. (C) No. 197 of 2004&

W.P. (C) No.302 of 2012

JUDGMENT

RANJAN GOGOI, J.

1. Common Cause and Centre for Public Interest Litigation,

two registered bodies, have approached this Court under

Article 32 of the Constitution seeking an appropriate writ to

restrain the Union of India and all State Governments from

using public funds on Government advertisements which are

primarily intended to project individual functionaries of the

Government or a political party. The writ petitioners have also

2 I,

prayed for laying down of appropriate guidelines by this CourtI

to regulate Government action in the matter so as to prevent

misuse/wastage of public funds in connection with such

•

advertisements.

2. In the above stated writ petitions the writ peJitioners

while conceding the beneficial effect of gov1rnment

advertisements which convey necessary information to the

citizens with regard to various welfare and· pro~ressive

measures as also their rights and entitlements, however, had

contended that in the garb of communicating with the people,I

in many instances, undue political advantage and mileage is

sought to be achieved by personifying individuals and

crediting such individuals or political leaders (who ane eitherI

from a political party or government functionaries) as being

responsible for various government achievements and

progressive plans. According to the petitioners such Ipractice

becomes rampant on the eve of the elections. Such

advertisements not only result in gross wastage ot public

funds but constitute misuse of governmental powers I besides

derogating the fundamental rights of a large section of the

3

citizens as guaranteed by Article 14 and 21 of the Constitution

of India.

3. The writ petitions, filed as public interest litigations, were

resisted by the Union of India primarily on the ground that the

issues sought to be raised pertain to governmental policies

and executive decisions in respect of which it may not be

appropriate for this Court to lay down binding guidelines

under Article 142. The decision of this Court in Manzoor Ali

Khan & Anr. Vs. Union of India & Ors.! and a

pronouncement of the Delhi High Court in Umesh Mohan

Sethi Vs. Union of India & Anr ..2 have been relied upon by

the Union in support of its above stated stand.

4. The issues arising in the writ petitions were considered

by this Court in an earlier round of exhaustive hearings. By

order dated 23.04.2014, this Court, on consideration of the

respective stands of the parties and by relying on the

principles laid down in the decisions specifically referred to in

the aforesaid order dated 23.04.2014, inter alia, held that

there is no dispute that "primary cause of government

1 (2014) 7 see 3212 WP (C) NO.2926 0[2012 decided on 12.12.2012

4

advertisement is to use public funds to inform the Pfblic of

their rights, obligations, and entitlements as well as to explain

•Government policies, programmes, services and initiatives." It

was further held that only such government advertisements

which do not fulfil the above requisites will fall foul of the area

of permissible advertisements. This Court aCknowledfed the

fact that the dividing line between permissible advertisements

that are a part of government messaging and adverti4ements

that are "politically motivated" may at times gets blurred. As

the materials laid before the Court by the parties were found

to be inadequate for the purpose of evolvingwhat woulf be the

best practices keeping in view the prevailing scenario in other

jurisdictions across the globe, this Court felt the nectssity of

constituting a Committee consisting of (1) Prof. (Dr.) N.R.

Madhava Menon, former Director, National Judicial Abademy,

Bhopal (2) Mr. T.K. Viswanathan, former Secretary General,

Lok Sabha and (3) Mr. Ranjit Kumar, Senior Advocale to go

into the matter and submit a report to the Court.

5. In terms of the order of this Court, the Committee was

duly constituted and after full deliberations in the nlatter, a

5

report had been submitted by the Committee suggesting a set

of guidelines for approval of this Court. It is the plea of the

petitioner that the said guidelines should be approved by this

Court and directions be issued under Article 142 of the

Constitution of India for enforcement of the said guidelines

until an appropriate legislation in this regard is brought into

effect by the Parliament.

6. The contents of the guidelines suggested by the court

appointed Committee may be usefully extracted hereinbelow:-

"GUIDELINES ON CONTENT REGULATION OFGOVERNMENT ADVERTISING

(1) These Guidelines shall be called the GovernmentAdvertisement (Content Regulation) Guidelines2014.

(2) They shall come into force with effect from......

2. APPLICATION:

(1) These Guidelines shall apply to all Governmentadvertisements other than ClassifiedAdvertisements.

(2) These Guidelines shall apply to the content ofall Government Advertising till a suitable legislationis enacted by the Government to prevent the misuseof public funds on advertisements to gain politicalmileage as distinct from legitimate GovernmentmessagIng.

6,,

(3) These Guidelines shall apply to all- •(a) institutions of Government;

(b) public sector undertakings;

(c) local bodies and other autonomousbodiesj organizations established under aStatute.

3. DEFINITIONS:

In these Guidelines unless the context ~therwiserequires: I

(a) "Classified Advertisements" include publicnotices, tenders, recruitment notices, rtatutorynotifications.

(b) "DAVPGuidelines" means the existing guidelinesof the Directorate of Advertising and VisualPublicity of the Ministry of Information andBroadcasting dealing with the eligibility andempanelment procedures and rates of paymentand such other matters;

(c) "Government" means Central Government, StateGovernments jUnion Territory Administrationsand also includes local bodies, public sectorundertakings and other autonomousbodies j organisations established under aStatute.

(d) "Government advertising" means any lessage,conveyed and paid for by the government forplacement in media such as new~papers,television, radio, internet, cinema arid suchother, media but does not include Classifiedadvertisements; and includes both copy (writtentext / audio) and creatives (visuals / vidr / multi

7

media) put out In print, electronic, outdoor ordigital media.

OBJECTS:

The objects of these Guidelines are:-

(a) to prevent arbitrary use of public funds foradvertising by public authorities to project particularpersonalities, parties or governments without anyattendant public interest.

(b) neither to belittle the need nor to deny the authorityof the Union and State Governments and its agencies todisseminate information necessary for public to know onthe policies and programmes of Government but only toexclude the possibility of any misuse of public funds onadvertisement campaigns in order to gain politicalmileage by the political establishment;

(c) to address the gap in the existing DAVPGuidelineswhich only deal with the eligibility and empanelment ofnewspapers/journals or other media, their rates ofpayment, and such like matters and not on how toregulate the content of Government advertisements;

(d) to ensure that "all government activities satisfy thetest of reasonableness and public interest, particularlywhile dealing with public funds and property";

(e) to ensure that government messaging is wellco-ordinate, effectively managed in the best democratictraditions and is responsive to the diverse informationneeds of the public.

5. GOVERNMENT ADVERTISEMENT TO INFORMCITIZENS

Subject to these Guidelines Government may placeadvertisements or purchase advertising space or

8

6.

time in any medium to inform citizens about theirrights and responsibilities, about governmentpolicies, programmes, services or initiatives, orabout dangers or risks to public health, safety orthe environment. i

THE FIVE PRINCIPLES OF CJNTENTREGULATION:

•

While placing advertisements or purchasingadvertising space in any media, the Governmentshall be guided by the following principles, namely:-

(1) Advertising Campaigns to be relt· ted toGovernment responsibilities:

!

While it is the duty of the Government toprovide the public with timely, accurate, clear,objective and complete information about itspolicies, programmes, services and initiativessince the public has a right tr· suchinformation, the content of gov rnmentadvertisements should be relevant! to thegovernments' constitutional and legalobligations as well as the citizens' rights andentitlements.

(2) Advertisement materials should bepresented in an objective, farr andaccessible manner and be designed 0 meetthe objectives of the campaign:

(i) The material shall be presented in a fairand objective manner and shall becapable of fulfilling the intendedobjectives;

I

(ii) Government shall exercise due I cautionwhile deciding the content, layout, sizeand design of the message including thetarget area and the creative requirementof the intended communication in order

9

to ensure that the maximum reach andimpact are achieved in the most costeffectivemanner;

(iii) Content of advertisement must enable therecipients of the information todistinguish between facts and analysisand where information is presented as afact, it should be accurate and verifiable;

(iv) Pre-existing policies, products, servicesand initiatives should not be presented asnew unless there has been a substantialchange or modification of such policies,products or services;

(v) Content of advertisement should provideinformation In a manner thataccommodates special needs ofdisadvantaged individuals or groupsidentified as being within the targetaudience;

(vi) Multiple formats may be used to ensureequal access;

(vii) Every effort shall be made to pre-test thematerial in case of large scale campaignwith target audiences.

(3) Advertisement materials should be objective andnot directed at promoting political interests ofruling party:

(i) Display material must be presented inobjective language and be free of politicalargument or partisan standpoint:

1 "

"(ii) Government advertising shall maintainpolitical neutrality and avoid glorification ofpolitical personalities and projecting a positiveimpression of the party in power or a pegativeimpression of parties critical of thegovernment.

(iii) Advertisement materials must not -

(a) Mention the party in government by name;(b) directly attack the VIews or actions of

others in opposition;I

(c) include party political symbol orl logo orflag;

(d) aim to influence public supportt for apolitical party, candidate for election; or

(e) refer to link to the websites of Ipoliticalparties or politicians. I

(iv) Government advertisement materials I shouldavoid photographs of political leaders land if itis felt essential for effective Governmentmessaging, only the photographs I of thePresident/Prime Minster or Governbr/ChiefMinister should be used;

(v) • IGovernment advertisements shall not be usedat patronizing media houses or aimed atreceiving favourable reporting for the Iparty orperson In power I

(4) Advertisement Campaigns be justified andundertaken in an efficferrt andcost-effective manner:

I

(a) Since it is the responsibility of gover9ment tosafeguard the trust and confidence in theintegrity and impartiality of public services and

,< 11

hence it should be the policy of governments touse public funds in such a manner as toobtain maximum value for taxpayers' money;

(b) Advertisement Campaigns must be justifiedand undertaken In an efficient andcost-effective manner;

(c) The Government shall-

(i) decide and announce beforehand, a list ofpersonalities on whose birth or deathanniversaries, advertisements could bereleased every year and specify whichMinistryjDepartment could release thesame;

(ii) avoid the issue of multipleadvertisements by different departmentsand PSUs of the same Government inCommemorative Advertisements andshall issue a single advertisement only;

(d) Though advertising by governments shouldremain regulated all the time, it is particularlyimportant to scrupulously follow theseprinciples before and during the elections. Asfar as possible, during the period prior toelections, only those advertisements requiredby law (such as public health and safetyadvisories or job and contract advertisements)alone be released by governments;

(e) Advertisement campaigns should only be needbased; and

(f) In case of large volume advertisementcampaigns, post-campaign impact assessmentis necessary to be included in the planningprocess itself and shall identify the indicatorsto measure success when the campaign hasended.

• 1

(5) Government advertising must comply withlegal requirements and financial regulations andprocedures:

Governments shall ensure that all Advertisementscomply with:-

(i) relevant laws regarding privacy, intellectualproperty rights, election laws and consumerprotection laws apart from laws in respect ofbroadcasting and media; and '

"

•

(ii) copyright laws and ownership rightsassociated with works subject to copyright arefully respected. :

COMPLIANCE AND ENFORCEMENT:,

(1) The Government shall appoint an Ombudsman whoshall be an eminent expert independent of theGovernment to receive complaints of violations ofGuidelines and to recommend action in accordance

,

with the Guidelines.,,,

(2) Heads of government departments and agenciesshall be responsible for ensuring complianc€ withthese Guidelines and shall follow a procedure ofcertification of compliance before advertisementsare released to the media. :

(3) As part of the performanceMinistry / Departmen t / Agency -

audit of the,

(a),

there shall be separate audit bf theI

compliance of Advertisement Guidelines by theMinistry /Department/ Agency concerned; and

,,I,

(b) The annual report of, suchministry / department/ agency shall publish thefindings of such audit and the money spent onadvertising. !

I

(4) The regulatory bodies of print and electronic mediawill be within their powers to impose sanctionsagainst such media groups acting against theseGuidelines in seeking or obtaining governmentadvertisemen ts.

8. GENERAL:

(1) These Guidelines shall be in addition to andnot in derogation of the existing Guidelineswhich are in place under the existingAdvertisement Policyof Government.

(2) These Guidelines are equally applicable toState Governments and its agencies. The StateGovernments shall undertake amendments towhatever policies they have in this regard andobserve the Guidelines strictly in letter andspirit.

(3) The Ombudsman may recommend suitablechanges to the Guidelines to deal with newcircumstances and situations.

(4) The Government shall take necessary steps toinitiate necessary legislation on the subject,given its importance for democracy, humanrights and good governance."

*******

Whether the iuidelines recommended shouldcommend acceptance and if so whether thesame should be made operative and enforceableunder Article 142 of the Constitution.

7. In the earlier order dated 23rd April, 2014, this Court,

after holding that reasonableness and fairness consistent with

1

Article 14 of the Constitution would be the ultimate test of all •State activities proceeded to hold that the deployment of

public funds in any Government activity which is: notI

connected with a public purpose would justify judicialI

intervention. We would like to say something more.

I

Part IV of the Constitution is as much a guiding light forI

the Judicial organ of the State as the Executive ana theI

I

Legislative arms, all three being integral parts of the "State"II

within the meaning of Article 12 of the Conatitution.i'-" A'policyI

certainly cannot be axed for its alleged failure to complr withI

any of the provisions of Part IV. Neither can the CourtsI

I

charter a course, merely on the strength of the provisions ofI

I• I

the said Part of the Constitution, if the effect thereof would beI

to lay down a policy. However, in a situation where the: field isIII

open and uncovered by any government policy, to guide andII

I

control everyday governmental action, surely, in the exercise ofI

I

I

jurisdiction under Article 142 of the Constitution, parametersII

can be laid down by this Court consistent with the: objectsI

I

enumerated by any of the provisions of Part IV. Such anI

3 Naresh Shridhar Mirajkar & Ors. Vs. State of Maharashtra & Ors. -AIR 1967 SC 1=(1966) B SCR 744II

4 Kesavananda Bharati SripadagalvaruVs. State of Kerala & Anr. - (1973) 4 scc 225 (Para ~703)I

exercise would be naturally time bound i.e. till the Legislature

or the Executive, as the case may be, steps in to fulfill its

constitutional role and authority by framing an appropriate

policy.

8. Article 38 and 39 of the Constitution enjoin upon the

State a duty to consistently endeavour to achieve social and

economic justice to the teeming millions of the country who

even today live behind an artificially drawn poverty line. What

can be the surer way in the march forward than by ensuring

avoidance of unproductive expenditure of public funds. This

is how we view the present matter and feel the necessity of

exercise of our jurisdiction under Article 142

Constitution to proceed further.

of the

9. It is neither possible nor feasible or even necessary to try

and encompass the myriad situations where government

advertisements are issued. Indeed, the situations and

circumstances; events and occasions on which government

advertisements are issued are infinite. Nevertheless, an

attempt can be made to arrive at a broad categorization for the

purpose of an illustrative understanding.

1,

Advertisements highlighting completion of afixed period of the Government's Tenure

Governments at the Centre as well as in the States often

bring out advertisements on completion of a number of Clays,,

months and years of governance. In such advertisements, notI

I

only the 'achievements' are highlighted even the different .tasks,

which are in contemplation are enumerated. By w;ay of

example one of the points highlighted may be supply ofI

electricity to each and every village. Though the achievementsI

I

of a Government should not be a matter of publicity and really,

I

ought to be a matter of perception to be felt by the citizens on,

the results achieved, such advertisements do have the effect ofI

I

keeping the citizens informed of the government functioningI

and therefore would be permissible.

Advertisements announcing projects:

On an everyday basis both the Government at the CentreII

I

as well as in different States issue advertisements announcing,

,

events like laying of the foundation of different developmentI

projects or the inauguration of projects completed. In rnany of

such advertisements the results obtained in the particularI

1

field covered by the advertisement and the plan/targets for the

future are highlighted. Though such advertisements may look

like a report card of the Government there is an element of

informative content in such advertisements inasmuch as

information is conveyed to the citizens as regards government

programmes, policies and achievements.

Advertisements issued on the occasion ofbirth/death anniversaries and such other events:

Government advertisements are issued in the memory of

great personalities who occupy a significant place in our

history, such as, the father of the Nation, Mahatma Gandhi.

While such persons must certainly be remembered, what,

however, would not be justified is several similar, if not

identical, advertisements issued by different Departments on

the same occasion as is happening today. One single

advertisement issued by a Central Agency should be enough to

commemorate the anniversaries of the few acknowledged and

undisputed public figures whose contribution to the National

Cause cannot raise any dispute or debate.

1

Advertisement issued on certain other occasions, forI

•I

instance, to mark the centenary year of the Patna High Court

does not serve any purpose and must be avoided. InstitutionsI

I

need not be glorified. They must earn glory by contribution

and work.

Advertisements announcing policies and benefitsfor public:

I

All advertisements that fall within this category would beI

In public interest. Such advertisements, as for example inII

I

respect of the National Savings Schemes informing the .publicI

about benefits under the Scheme, are purely informational

and make people aware of their rights and entitlements.I

Similarly, advertisements issued to generate public aw~renessII

would also be justified on the touchstone of public interest.II

I

Byway of illustration, an advertisement issued by the Ministry

of Health and Family Welfare informing the public ofI

I

preventable disease, safeguards to be taken, vaccinationII

programmes for the children, etc. would be highly informativeI

and, therefore, justified.

10. A connected facet of the matter which cannot be ignored

is the power of the Government to give/award advertisements

to selected media houses and the concomitant issue of

freedom of press. Award of advertisements, naturally, brings

financial benefit to the particular media house/newspaper

group. Patronization of any particular media house(s) must be

avoided and award of advertisements must be on an equal

basis to all newspapers who may, however, be categorized

depending upon their circulation. The D.A.V.P. guidelines do

not deal with the said aspect of the matter and hence the

necessity of incorporating the same in the present directions

to ensure the independence, impartiality and the neutrality of

the fourth estate which is vital to the growth and sustenance

of democracy will have to be weighed and considered by us.

11. An analysis of the Draft Guidelines as prepared by the

Committee set up by this Court in the case may now be made.

The applicability of these Guidelines is to all Government

advertisements other than classifieds and in all mediums of;

communication, thereby including internet advertising. The

objective of these Guidelines emphasize the Government's

2 •responsibility to disseminate information necessary for the

public to know about the policies and programmes ofI

Government. It principally spells out five principles to re~late

the contents of advertisements, namely,

i) advertising campaigns are to be related to

government res ponsi bilities,

I

ii) materials should be presented In an objectiye, fair

and accessible and designedI

manner to meet

objectives of the campaign,

iii) not directed at promoting political interests of a

Party,

iv) campaigns must be justified and undertaken in an

efficient and cost-effective manner and

v) advertisemen ts must complyI

I

with: legal

requiremen tsI

and financial regulationsI

and

procedures.

The five broad Content Regulations contained in the draftI

guidelines framed by the Committee are similar I to theI

provisions found in the Australian guidelines. IHowever,

2

under each broad head specific regulatory parameters have

been indicated which seem to embody what would be good

practices in the Indian context.

12. While under the first head the requirement of conformity

of Government advertisements with dissemination of

information relating to Government's constitutional and legal

obligations and the corresponding rights and entitlements of

citizens is being stressed upon, under the second head

objective presentation of the materials contained in an

advertisement bearing in mind the target audience has been

emphasized. Under the third head, the Guidelines state that

advertisement materials must not: (a) mention the party In

government by its name, (b) attack the views or actions of

other parties in opposition, (c) include any party symbol or

logo, (d) aim to influence public support for a political party or

a candidate for election or (e) refer or link to the websites of

political parties or politicians. It is also stated in the

Guidelines that photographs of leaders should be avoided and

only the photographs of the President/ Prime Minister or

Governor j Chief Minister shall be used for effective

2

government messaging.I

The fourth head deals with I cost •effectiveness of an advertisement campaign and measures to

cut down avoidable expenses. A somewhat restricted range of

advertising activity on the eve of the electionsI

is I alsoI

recommended. Appointment of an Ombudsman to: hear

complaints of violation of the norms and toI

suggestI

amendments thereto from time to time beside specialI

performance audit by the concerned Ministries is also

recommended.

13. The Union Government and the State of Bihar have filed

their responses to the guidelines suggested by the Committee.I

I

The State of Bihar suggests that some of the recommen<!lationsI

of the Committee, details of which need not be noticed, areI

somewhat vague and require a more precise definition orI

meaning. The only aspect of the suggestions where the State

has responded emphatically 1S with regard to theI

recommendation to confine the publication of photographs ofI

the President and the Prime Minister of the country and the

Governor and the Chief Minister of the State. According to theI

State of Bihar such a restriction should not be imposed.I

2

14. The Union in its response to the guidelines of the

Committee has been more categorical in suggesting certain

changes as well as deletion of some of the recommendations.

It will, therefore, be necessary to specifically notice the said

objections raised by the Union.

Content of the Response of the UnionRecommendations

(1) Object of Guidelines

(a) To prevent arbitrary use The meanmg of the wordof public funds for advertising "arbitrary" according to theby public authorities. Union needs to be more

specifically defined.

(b) To exclude the possibility According to the Union theof any misuse of public funds expression "politicalon advertisement campaign in mileage" IS inappropriateorder to gain political mileage and should be deleted.by the politicalestablishments.

(2) 5 Princigles of Content Regulation

(a) Clause (vii) under the 2nd According to the Union thispoint of the 5 principles should be done only whenrecommended by the the same IS feasible and,Committee - Every effort whenever public interest soshould be made to pre-test the demands.material in case of large scalecampaign with targetaudiences.

(3) Ombudsman

(b) Clause (c)(i)under the 4th

point of the 5 principles ofContent Regulation states that"The Government shall decideand announce beforehand, alist of personalities on whosebirth or death anniversaries,advertisements could bereleased every year andspecify whichMinistry/Department couldrelease the same.

(c)Clause (d) of the 4th point ofthe 5 principles of ContentRegulation states that "as faras possible, during the periodprior to elections, only thoseadvertisements required bylaw (such as public health andsafety advisories or job andcontract advertisements) alonebe released by thegovernments.

The suggestion of theCommittee with regard toappointment of theOmbudsman IS In thefollowing terms: "TheGovernment shall appoint anOmbudsman who shall be aneminent expert independent ofthe Government to receivecomplaints of violations ofGuidelines and to recommendaction in accordance with theGuidelines. "

2 •According to the Unimh.thewords "decide and announcebeforehand" may be deletedas the same is not feasible

I

SInce Issuance I ofadvertisement depends: on ahost of factors I like

I

availability of funds, lastminute changes and thepriorities of the government.

According to the :UnionI

advertisement that I serveI

public interest may beI

issued at any point of time,

The Union 0bjects :to thesame and seeks deletion ofthe said recommendation asalso the recommendationwith regard to separateperformance audit of eachMinistry and publication ofthe result of such audit.

I

According to the Union theI

Government has I inbuiltI

machinery for redressal andfor audit purposes. :

I

2

15. A consideration of the objections filed by the Union would

go to show that the Union seriously disagrees with the

recommendations of the Committee in respect of the following

matters:

(1) restricted publication of photographs of the

Government functionaries and political leaders

alongwith the advertisement etc.

(2) appointment of an Ombudsman

(3) the recommendation with regard to performance

audit by each Ministry.

(4) embargo on advertisements on the eve of the

elections.

16. The rest of the objections are really in the nature of

suggestions which having been considered we are of the view

that incorporation of the said suggestions made by the Union

or otherwise would not make any substantial difference to the

impact and effect of the said recommendations. It is the

recommendations with regard to the publication of

photographs; appointment of Ombudsman; carrying out

independent audit and embargo on advertisements during

2

election time that will have to be specifically dealt with in someI

details.I

17. The rernammg recommendations of the CommitteeI

appear to be comprehensive and based on an analytical

approach of the best practices prevailing in other jurisdictions.II

The said recommendations, in our considered view, wouldIII

serve public interest by enabling dissemination of information,

II

and spreading awareness amongst the citizens not only :ofthe

government policies; achievements made and targets ito be

reached but also the rights and entitlements of the citizensIII

including the availability of a host of welfare measures.: TheI

said recommendations, therefore, commend to the Court for

acceptance and are accordingly accepted.

18. At this juncture we may very briefly deal with the withIII

the situation prevailing in other jurisdictions across the globe.III

While, undoubtedly there can be no blind adherence to theIII

practices followed in other jurisdictions as what may beI

appropriate to another country may not be ideal in the Indian

context, the correct approach will be to discern some of theI,

I

best practices prevailing in such jurisdictions and thereafter toIII

test the relevance of the same to our own country. Though theI

2

recitals contained in the Report of the Committee do mention a

consideration of such good practices prevailing in other

jurisdictions there is however no discussion or even an

indication of the precise contents of the practices that were

found by the Committee to be in existence in other countries.

It has therefore become necessary for us to deal with the

matter though very briefly. In this regard we may usefully,

though illustratively, make a reference to certain practices

prevailing in Canada, United Kingdom, New Zealand and

Australia.

19. Insofar as Canada(Ontario) is concerned, it appears that

the object of issuing a government advertisement is : (i) to

inform the public of current or proposed government policies,

programs or services available to them; (ii) to inform the public

of their rights and responsibilities under the law and (iii) to

encourage or discourage specific social behaviour in public

interest. Such advertisements are not to include the name,

voice or image of any functionary of the State and the primary

objective of an advertisement ought not to be to foster a

positive impression of the ruling government or a negative

2 • .r

impression of any person, group or party critical of the

government.

20. In some of the foreignjurisdictions there is a mechtnism

for review of advertisements on fixed parameters even before

they are published and publication/issuance thereof only

upon passing of the required test. In Australia and UnitedI

Kingdom,there is an added emphasis on the cost effecti~eness

of advertising campaigns. In Australia, advertising caJpaigns

of more than a particular pecuniary value i.e. Imillion

Australian dollars require to undergo a cost benefit analysisI

wherein the best options to achieve the intended obj+tiVe of

the campaign has to be determined before launching the

same.i

21. The good practices adopted in other jUrisdict10ns as

noticed above do find adequate reflection .n the

recommendations of the Committee which further fortify our

conviction to adopt the same.

22. This will require the Court to consider the ~ifferent

aspects of a government advertisement campaign hi~lighted

earlier on which we have reserved our comments. The first is

2

with regard to publication of photographs of functionaries of

the State and political leaders alonwith the advertisement

issued. There can be no manner of doubt that one

government advertisement or the other coinciding with some

event or occasion IS published practically every day.

Publication of the photograph of an individual be a State or

party functionary not only has the tendency of associating that

particular individual with either the achievement(s) sought to

be highlighted or being the architect of the benefits in respect

of which information IS sought to be percolated.

Alternatively, programmes/targets for the future as advertised

carry the impression of being associated with the particular

individual(s). Photographs, therefore, have the potential of

developing the personality cult and the image of a one or a few

individuals which is a direct antithesis of democratic

functioning.

23. The legitimate and permissible object of an

advertisement, as earlier discussed, can always be achieved

without publication of the photograph of any particular

functionary either in the State of a political party. We are,

3 "

, .therefore, of the VIew that in departure to the VIews of the

"

Committee which recommended permissibility of publication,

,

of the photographs of the President and Prime Minister of the,

II

country and Governor or Chief Minister of the State alongwith,,

the advertisements, there should be an exception only in the,,

I

case of the President, Prime Minister and Chief Justice of the,

country who may themselves decide the question,,

Advertisements issued to commemorate the anniversaries of,

acknowledged personalities like the father of the nation: wouldI,

of course carry the photograph of the departed leader.

24. Insofar as the recommendation with regard to theI

appointment of Ombudsman is concerned, we are of the view,

II

that for ironing out the creases that are bound to show from,

I

time to time in the implementation of the present directions,

I

and to oversee such implementation the government i shouldIII

constitute a three member body consisting of persohs withI,,

unimpeachable neutrality and impartiality and who have

excelled in their respective fields.,

We could have: but weI,,

refrain from naming the specific persons and leave the said

exercise to be performed by the Union Government.

"3

25. Insofar as performance/special audit is concerned, we do

not feel the necessity of any such special audit inasmuch as

the machinery available IS adequate to ensure due

performance as well as accountability and proper utilization of

public money.

26. If Government advertisements adhere to the objects and

parameters mentioned above we do not feel the necessity of

imposing a special curb on government advertisements on the

eve of the elections, as suggested by the Committee.

27. In an earlier part of the present order we had indicated

the power of the purse that Government advertisements

invariably involve. Needless to say the concepts of fairness

and even dispensation to all media/publishing houses will

have to be maintained by the Government be it at the Centre

or the States.

28. We close the matters on the aforesaid note by approving

and adopting the recommendations of the Committee except

what has been specifically indicated above with regard to

3

(1) publication of photographs of the Government

functionaries and political leaders alongwith the

advertisement(s).

(2) appointment of an Ombudsman

(3) the recommendation with regard to performanceI

audit by each Ministry.

(4) embargo on advertisements on the eve of theI

elections.

29. We also make it clear that the present directions issued

under Article 142 of the Constitution cannot be comprehensive,

I

and there are several aspects of the matter which may haveI,

escaped our attention at this stage. In this regard, we would,

I

like to clarify that it is not the intention of the Court toII

attempt to lay down infallibleand all comprehensive directions,

I,

to cover the issue at hand. The gaps, if any, we are confident

would be filled up by the executive arm of the governmentI

itself inasmuch as the attainment of constitutional goals and,

values enshrined in Part IVof the Constitution is the :conjoint,

., 3

responsibility of the three organs of the State i.e. legislative,

executive and the judiciary, as earlier discussed .

.......................••••................... ".[RANJAN GOGOI]

.......•..••••••........................•••.•. ".[PINAKI CHANDRA GHOSE]

NEW DELHI,MAY 13, 2015.

1

REPORTABLE

IN THE SUPREME COURT OF INDIA

CIVIL ORIGINAL JURISDICTION

REVIEW PETITION (e) NOS.1879-1881/2015

IN

WRIT PETITION (e) NOS.13/2003, 197/2004 & 302/2012

STATE OF KARNATAKA ... PETITIONER

VERSUS

COMMON CAUSE AND ORS.ETC. ETC. ...RESPONDENTS

WITH

R.p.(e) NO.1876-1877/2015 IN w.p.(e)NO.197/2004, R.p.(e) NO.1834/2015 IN w.p.(eLNO.197/2004, R.p.(e) NOS.2703-2705/2015 INw.p.(e) NOS.13/2003, 197/2004 _& 302/2012, R.P.(e) NOS.3191-3193/2015 IN W.P. (e) NOS.13/2003,197/2004 & 302/2012, R.p.(e) NOS.3275-3277/2015 IN W.P. (e). NOS.13/2003, 197/2004 &.302/2012, R.p.(e) NO.3259/2015 IN w.p.(e)NO.197/2004, R.p.(e) NOS.3674-3676/2015 INW.P. (e) NOS.13/2003, 197/2004 & 302/2012, R.P.(e) NOS.123-125/2016 IN w.p.(e) NOS.13/2003,197/2004 & 302/2012.

ORDER

1. We have heard the learned counsels for all the

contesting parties. Upon due consideration, we review our

judgment dated 13th May, 2015 passed in Writ Petition

(Civil) No.13 of 2003, Writ Petition (Civil) No.197 of 2~M 1

and Writ Petition (Civil) No.302 of 2012 to the extent,I

2 "•indicated below:

(i) The exception carved out in paragraph 23 of :

the aforesaid judgment dated 13th May, i

,

2015 permitting the publication of the i

photographs of the President, Prime i,,,

Minister and Chief Justice of the country..I

,

subject to the said authorities themselves:I

deciding the question, is now extended to,

Ithe Governors and the Chief Ministers of the

,,,I

States.

(ii) In lieu of the photograph of the Prime

Minister, the photograph of the

Departmental (Cabinet) Minister /MinisterIIII

In-charge of the concerned Ministry may tie,,

published, if so desired.II

(iii) In the States, similarly, the photograph of

the Departmental [Cabinet],III

Minister / Minister In-charge In lieu of the,,

photograph of the Chief Minister may 'be

published, if so desired.

(iv) All other observations/directions In the

aforesaid judgment dated 13th May, 2~15: Page 2

, ,. . 3

shall continue to remain in force subject to

the above modification.

2. The review petitions are disposed of In the above

terms.

........••........••..........•......... ,~.(RAN~AN GOGOI)

.•.•.......................•........... ,~.(PINAKI CHANDRA GHOSE)

NEW DELHI;MARCH 18, 2016.

Page 3

I~

DIRECTORATE OF INFORMATION AND PUBLICITYGOVERNMENT OF NCT OF DELHI

BLOCK NO. IX, OLD SECRETARIAT, DELHI-10054

No. F.16 (54)/AdvtlDIP/2016-17! h96 3- 70

CIRCULAR

Dated: )'~ I j b

With reference to Hon'ble Supreme Court's judgement dated 135.2015 inWrit petition (civil) No. 13 of 2003 with W.P.(C) No. 197 of 2004 & WP. (C) No. 302of 2012 and order dated 18.3.2016 in Review petition (C) N879-1881/2015 In writpetition (civil) No. 13 of 2003, 197 of 2004 & 302 of 2012 (copies of the both areavailable on the official website of the Directorate), all Principal SecretariesSecretaries and HODs are hereby informed that the Hon'ble Supreme Court hasapproved the Guidelines on content regulation of Government advertising exceptwith regard to

(1) Publication of photographs of the Government functionaries andpolitical leaders along with the advertisement(s)

(2) Appointment of an Ombudsman(3) The recommendation with regard to performance audit by each Ministry(4) Embargo on advertisements on the eve of the elections

An excerpt of the guidelines on content regulation of Government advertisinqfrom the above mentioned judgement is attached herewith for ready reference FullJudgement of the Hon'ble Supreme Court is also available at DIP's website

This issues with the prior approval of the Competent Autnority

.~~~(Nalin Chauhan)

Deputy Director (Advt)

No. F.16 (54)/AdvtlDIP/2016-17 Dated

Copy for compliance to:

1 PS to ProSecretary to Lt. Governor2. PS to PL Secretary to Chief Minister3. PS to Secretary to Dy Chief Minister4. PS to Chief Secretary GNCTD5. All Secretaries to Minister. GNCTD6. All Principal Secretaries/Secretaries/Head of Deptt, GNCT of Delhi7 All Head of Autonomous Bodies/Commissioners/Corporations of GNCTD8. All Deputy CommiSsioners, GNCTD

(Nalin Chauhan)Deputy Director (Advt)

vI \! •

6. The contents of the guidelines suggested by the court appointed Committee ma~ be usefullyextracted hereinbelow:- I

I

"GUIDELINES ON CONTENT REGULATION OF!GOVERNMENT ADVERTISINq".' I

These Guidelines shall be called the Government Advertisem~nt (ContentRegulation) Guidelines 2014. I

1

(1)

(2) They shall come into force with effect from .

2, APPLICATION:

3

(1) These Guidelines shall apply to all Goverrir'nent advertisements other th~n Classified~~ise~~ I

II

(2) These Guidelines shall a,pply to the conten, of all Government Advertisingl till a suitablelegislation is enacted by the Government to prevent the misuse of p~blic funds on .advertis~ments to gain political mileag~ as distinct from legitimat~ Governmentmessaging. I

IIIIIII

autonomous bodies! organizations establishedunderIII

IIIIIIII

"Classified Advertisements" include publiCnotices, tenders, recruitment ryoticeS,statutory '.notifications. I e.·~

I -I

"DAVP Guidelines" means the existing guidelines of the Directorate Of/Advertising amfVisual Publicity of the Ministry of Informfltion and Broadcasting dealing 'tVith the eligibilityand empanelment proceoures and rates of payment and such other matt~rs; .

"Government" means Central Government, State GovernmentJunion TerritoryAdministrations and also includes local bodies, public sector und~kiAgs and otherautonomous boc:tieslorganisations estabtished under a Statute. / .

I(d) "Government advertising- means any messag,. conveyed and paid for by thf government forplacement in media such as newspapers, television, radio, internet, cinema and uch other, mediabut does not include classified advertisements; and includes both copy (written text/audio) andcreatives (visuals/video/multi media) put out in print, electronic, outdoor or digita media..

IIIII

III

(a) to prevent arbitrary use of public funds for advertising by pubtic a4thorities to projectparticular personalities, parties or governments withou( any attendant public interest. I

II

(b) neither to belittle the need nor to deny the authority of the Union and State Gpvemments and itsagencies to disseminate information necessary for ~blic to know on the policies ~nd programmes of

I

III

(3) These Guidelines shall apply to all­(a) institutions of Government;(b) public sector undertaking.s;(c) local bodies and other

a Statute.

DEFINITIONS:

In these Guidelines unless the context otherNise requires:

(a)

(b)

(c)

OBJECTS:

The objects of these Guidelines are:-

2I~ Government but only to exclude the possibility of any misuse of public funds on advertisement campaigns

in order to gain political mileage by the political establishment;

(c) to address the gap in the existing DAVP Guidelines which only deal with the eligibility andempanelment of newspapers/joumals or other media, their rates of payment, and such like matters andnot on how to regulate the content of Government advertisements;

(d) to ensure that "all government activities satisfy the test of reasonableness and public interestparticularlywhile dealing with public funds and property";

(e) to ensure that government messaging is well co-ordinate, effectively managed in the bestdemocratic traditions and is responsive to the diverse information needs of the public.

5. GOVERNMENT ADVERTISEMENT TO INFORMCITIZENS

Subject to these Guidelines Government may place advertisements or purchase advertising spaceor time in any medium to inform citizens about their rights and responsibilities, about government policies.programmes, services or initiatives, or about dangers or risks to public health, safety or theenvironment.

6. THE FIVE PRINCIPLES OF CONTENTREGULATION:

While placing advertisements or purchasing advertising space in any media, the Government shall beguided by the following principles, namely:-

(1) Advertising Campaigns to be related to Government responsibilities:

While it is the duty of the Government to provide the public with timely, accurate, clear, objectiveand complete information about its policies, programmes, services and initiatives since the publichas a right to such information, the content of government advertisements should be relevant tothe governments' constitutional and legal obligations as well as the citizens' rights andentitlements.

(2) Advertisement materials should be presented in an objective, fair and accessiblemanner and be designed to meet the objectives of the campaign:

(i) The material shall be presented in a fair and objective manner and shall becapable of fulfilling the intended objectives;

(ii) Government shall exercise due caution while deciding the content, layout, size anddesign of the message including the target area and the creative requirement of theintended communication in order to ensure that the maximum reach and impact areachieved in the most cost effective manner;

(iii) Content of advertisement must enable the recipients of the information to distinguishbetween facts and analysis and where information is presented as a fact. it should beaccurate and verifiable;

(iv) Pre-existing policies, products, services and initiatives should not be presented asnew unless there has been a substantial change or modification of such policiesproducts or services;

(v) Content of advertisement should provide information in a manner that accommodatesspecial needs of disadvantaged individuals or groups identified as being within the targetaudience;

3\•

(vii)

Multiple formats may be used to en~ure equal access;

Every effort shall be made to pre-test ,the material in case of large ~Ie campaign withtarget audiences. ' I

(vi)

(3) Advertisement materials should be objective and not directed at prclmloting politicalinterests of ruling party: I

(i) Display material must be presented in objective languaie and be free ofpolitical argument or partisan standpoint

(ii) Government advertising shall maintain political neutrality and a old glorificationofpolitical personalities and projecting a positive impression of the p rty in power or anegative impression of parties critical of the government. I

I

(iii) Advertisement materials must not -

(a)

~~~~n ::c:~~:g:i~,:m:t:~ti::,e~f others in OPpoSitiOf;include party political symbol or logo or flagaim to influence public support for a polltlca,rparty, ca dkltatefor election;or

(e) refer to link to the websites of political parties or POliticianr-

Government aavertisement.materials, should avoid photographs of ~Iitical leaders andif it is felt essential for effective Government messaging. only Ithe photographsofthe President/Prime Minster or Governor/Chief Minister should be use1;

(v) Government advertisements shall not be used at patronizing media [housesor aimed atreceiving favourable reporting for the party or person in power ~

Advertisement Campaigns be justified and undertaken in an efficient nd cost-effectIVe,1manner: ",

Since it is the responsibility of government to safeguard the trust and confid+noe in the jnteg,~and impartiality of public services and hence it should be the policy of 90verntents to use public'funds In such a manner as to obtain maximum value for taxpayers' money "

Advertisement campaigns must be justified and undertaken in an and cost-eff tive manner;

(c) TheGovernmentshall- .

(i) decide and announce beforehand. a list of personalities on whJe birth or death ,advertisements could be released every year and specify which~inistry/Departmentcould release the same; I

avoid the issue of multiple advertisementsj by diffe,rnt departments andPSUs of the same Government in Commemorative Advertisemen and shall issue asingle advertisement only;

Though advertiSing by governments should remain regulated all the tife. it is particularlyimpo,rtant to ,scrupulous,ly fOIl?w these ~rinc""iPlesbefore and ~uring the el~~tions. As far as,possible, dUring the penod pnor to electtons. only those advertisements re~Ulred by law (suchas public health and safety adV,iSOrieSorjob and contract advertisementf) alone be releasedby governments;" .

I

I

I

(a)(b)(c)(d)

(iv)

(4)

(b)

(ji)

(d)

(e) Advertisement campaigns should only be need based; and

4

(f) In case of large volume advertisement campaigns. post-campaign impact assessment isnecessary to be included in the planning process itself and shall identify the indicators to measuresuccess when the campaign has ended.

(5) Government advertising must comply With legal requirements and financial regulationsand procedures:

Governments shall ensure that all Advertisements comply with:-

(i) Relevant laws regarding privacy, intellectual property rights, election laws and consumerprotection laws apart from laws in respect of broadcasting and media and(ii) Copyright laws and ownership rights associated with works subject tocopyright are fully respected.

COMPLIANCE AND ENFORCEMENT:

(1) The Government shall appoint an Ombudsman who shall be an eminent expert independent ofthe Government to receive complaints of violations of Guidelines and to recommend action Inaccordance with the Guidelines.

(2) Heads of government departments and agencies shall be responsible for ensuring compliancewith these Guidelines and shall follow a procedure of certification of compliance beforeadvertisements are released to the media.

(3) As part of the performance audit of the Ministry/DepartmentiAgency -

(a) there shall be separate audit of the compliance of Advertisement Guidelines bythe Ministry/DepartmentiAgency concerned; and

(b) The annual report of such ministry/departmentl agency shall publishthe findings of such audit and the money spent on advertising.

(4) The regulatory bodies of print and electronic media will be within their powers toimpose sanctions ~gainst such media groups acting against these Guidelines in seekingor obtaining government advertisements.

8. GENERAL:

(1) These Guidelines shall be in addition to and not in derogation of the existing Guidelineswhich are in place under the existing Advertisement Policy of Government.

(2) These Guidelines are equally applicable to State Governments and its agencies. The StateGovernments shall undertake amendments to whatever policies they have in this regard andobserve the Guidelines strictly in letter and spirit.

(3) The Ombudsman may recommend suitable changes to the Guidelines to deal with newcircumstances and situations.

(4) The Government shall take necessary steps to initiate necessary legislation on the subject,given its importance for democracy, human rights and good governance."

... ****

DIRECTORATE OF INFORMATION AND PUBLICITYGOVERNMENT OF NCT OF DELHI

BLOCK NO. IX. OLD SECRETARIAT. DELHI-10054

No. F.16 (54)/AdvtlDIP/2016-171 "~7 )"

CIRCULAR

Dated: l ~ 110 j'"YO Ib

This is in continuation to the circular No. F.16 (54)/AdvtlDIP/2016-17/6896-6903dated 13.10.2016 regarding compliance on content regulations of Governmentadvertisement by HOD in accordance with the decision of Hon'ble Supreme Court ofIndia dated 13th May 2015.

A copy of the draft of the certificate to be issued by concerned HOD withadvertisements is hereby attached. The soft copy of draft is also uploaded on theofficial website of DIP (http://delhi.gov.inlwpslwcm/connectlOOIT_publicity/information+and+ publicity/ home) for reference.

This issues with the prior approval of Secretary (PR)/Director (I&P).

I~~j.'il'

(Nalin Chauhan)Deputy Director (Advt)

No. F.16 (54)/AdvtlDIP/2016-17 Dated:

Copy for compliance to:

1. PS to ProSecretary to Lt. Governor2. PS to ProSecretary to Chief Minister3. PS to Secretary to Dy. Chief Minister4. PS to Chief Secretary, GNCTD5. All Secretaries to Minister, GNCTD6. All Principal Secretaries/Secretaries/Head of Deptt, GNCT of Delhi7. All Head of Autonomous Bodies/Commissioners/Corporations of GNCTD8. All Deputy Commissioners, GNCTD

~uJ_ ..(Nalin Chauhan)

Deputy Director (Advt)

• DRAFT

Dated: :File No.

I

Certificate for Compliance on content regulations of Government Advertisements bV .ill>D

This is to certify that the proposed advertisement is in accordance with theguidelines prescribed by Hon'ble Supreme Court of India vide its judgem:entI

dated 13.05.2015and 18.03.2016on the Guidelineson Content RegulationsofI

GovernmentAdvertisements.I

The content/spellings/photographs of the Government functionaries: andpolitical leadersalongwith the advertisement are verified and in order.

,

SignatureofI

I

(Headof Department)I

Seal/Stampof the HODI

DIRECTORATE OF INFORMATION AND PUBLICITYGOVERNMENT OF NCT OF DELHI

BLOCK NO. IX, OLD SECRETARIAT, DELHI·10054

No. F.16 (54)/AdvtJDIP/2016-17! :::to!))CIRCULAR

Dated: :<.5/10/ :lc7/6

The Directorate of Information and Publicity had issued an Office memorandumvide letter No, 16(32)/Advt/DIP/2009-10/Pt.File/130-137 dated 12,01.2016 containinginstructions for strict compliance for releasing of advertisements to all the Head ofDepartments of Govt. of NCT of Delhi. (copy at 1/C), As per point 5 of the O.M""Essentially the concerned department will be responsible for the contents of theadvertisements besides it shall also be ensured that the same is free from anygrammatical or spelling mistake, omission or commission."

Further, a Standard Operating Procedure (SOP) was circulated vide circulardated 2.6.2016 and 1,7.2016 to all departments of Govt. of NCT of Delhi.

In pursuance to Hon'ble Supreme Court Order dated 13.5.2015 and 18.5.2016,another circular was issued by the directorate on 19.10.2016 regarding issuance ofcertificate of compliance of content regulation of government advertisement by HOD.

All Head of departments are once again requested to ensure the compliance ofabove two circulars along with the latest one regarding issuance of certificate ofcompliance of content regulation of government advertisement by HOD before the fileof proposal of advertisement is forwarded to DIP for publication/release. The circularsand the draft certificate are available on the official website of DIP for ready reference.

No,'F.16 (54)/AdvtlDIP/2016-17 ) thS)Copy for compliance to: /

1. PS to ProSecretary to Lt. Governor2. PS to ProSecretary to Chief Minister3. PS to Secretary to Dy. Chief Minister4, PS to Chief Secretary, GNCTD5. All Secretaries to Minister, GNCTD6. All Principal Secretaries/Secretaries/Head of Deptt, GNCT of Delhi7. All Head of Autonomous Bodies/Commissioners/Corporations of GNCTD8. All Deputy Commissioners, GNCTD

cPwcH '(Dr. Jayadev Sarangi)

Secretary (PR)/Director (I&P)

Dated: 2.5/10I:J.o/6

(Dr.Jaya;t:;a~g'iSecretary (PR)lDirector (I&P)

DIRECTORATE OF INFORMATION AND PUBLICITYGOVERNMENT OF NCT OF DELHI

BLOCK NO. IX, OLD SECRETARIAT, DELHI-10054

No. F.16 (32)/AdvtJDIP/2009_10

CIRCULARDated:

In continuation to Office Memorandum issued by the Directoratevide No. 16/321AdvVD IP12009-1 0/5936-42 daled 30.3.2015. 10 simplify.standardize and streamline the process of releasing of advertisements, aStandard Operating Procedure (SOP) has been prepared for approval of alladvertisements. It is to be followed by all departments of Government ofNCT of Delhi, before submitting any advertisement (Print, Electronic andOutdoor) for pub/ication/ release.

All Principal Secretaries, Secretaries and HODs are hereby advisedto ensure strict compliance of the prescribed SOP•.

This issues with the prior approval of Hon'ble Deputy Chief Minister.

~-_--_.--(Sandeep Mishra)

Special Director (I&P)

No. F.16 (32)/AdVtJDIP/2009-10(41-0~-~ 2-1 :;­Copy for compliance to:

1. All Principal Secretaries/Secretaries/Head of Deptt, GNCT of Delhi2. All Head of Autonomous BOdies/Commissioners/Corporations of

GNCTD

Dated: 2.(b ( 1(,

3. All Secretaries to Minister, GNCTD...4. PS to Chief Secretary. GNCTD5. PS to ProSecretary to Lt. Governor6. PS to ProSecretary to Chief Minister7. PS to Secretary to Dy. Chief Minister8. All Deputy Commissioners, GNCTD

~ ----

Encl: A copy SOP with checklist(Sandeep Mishra)

Special Director (I&P)

REMINDER-I

DIRECTORATE OF INFORMATION AND PUBLICITYGOVERNMENT OF NCT OF DELHI

BLOCK NO. IX, OLD SECRETARIAT, DELHI-100S4

No. F.16 (32)/AdvtlDIP/2009-1 01

CIRCULAR

Dated:

This is in continuation of Circular issued by the Directorate videNo.16/32/AdvUDIP/2009-1 0/4208-4215 dated 02.06.2016, regarding StandardOperating Procedure (SOP) for releasing of advertisements.

It has been observed that the Departments are not following theprocedure prescribed in the SOP, The Office of the Principal AccountantGeneral (Audit), Delhi has also observed that the government advertisementsare being released without assessing estimated expenditure or expendituresanction which is violation of GFR. Therefore, it is requested that the estimatedcost of each advertisement with the size to be published may be worked outand included in the proposal for administrative approval as per SOP.

In view of the above all Principal Secretaries, Secretaries and HODsare hereby once again requested to ensure strict compliance of the above SOPlest it shall not be possible for DIP to accept the advertisements for release.

(Sandeep Mishra)Special Director (I&P)

No. F.16 (32)/AdvtlDIP/2009-10 / I1t 8' - 46 qoCopy for compliance to:

Dated:

1. All Principal Secretaries/Secretaries/Head of Deptt, GNCT of Delhi2. All Head of Autonomous Bodies/Commissioners/Corpo:'ations of GNCTD3. All Secretaries to Minister, GNCTD4. PS to Chief Secretary, GNCTD5. PS to ProSecretary to Lt. Governor6. PS to ProSecretary to Chief Minister7. PS to Secretary to Dy. Chief Minister8. All Deputy Commissioners GNCTD

(Sandeep Mishra)Special Director (I&P)

Encl: A copy Circular dated 02.6.2016 with SOP with checklist

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DIRECTORATE OF INFORMATION AND PUBLICITYGOVERNMENT OF NCT OF DELHI :

BLOCK NO. IX, OLD SECRETARIAT, DELHI-10054I

No. F.16 (32)/AdvtlDIP/2009-10

CIRCULAR

Dated: II

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In continuation to Office Memorandum issued by the Directoratevide No.16/32/AdvtlDJP/2009-10/5936-44 dated 30.3.2015, to: simplify,standardize and streamline the process of releasing of advertisements, aStandard Operating Procedure (SOP) has been prepared for approval of alladvertisements. It is to be followed by all departments of Government ofNCT of Delhi, before submitting any advertisement (Print, Electronic andOutdoor) for publication/ release.

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IAll Principal Secretaries, Secretaries and HODs are herebr advisedto ensure strict compliance of the prescribed SOP.. I

This issues with the prior approval of Hon'ble Deputy Chief ~inister.

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~--(Sandeep Mishra)

Special Director (I&P)I

No. F.16 (32)/AdVtlDIP/2009-10(~ 1-0~-~2-1 )Copy for compliance to:

Dated: i2( b ( 1(,I

I

1. All Principal Secretaries/Secretaries/Head of Deptt, GNCT of DelhiI2. All Head of Autonomous Bodies/Commissioners/Corporations of

GNCTD I

3. All Secretaries to Minister, GNCTD4. PS to Chief Secretary. GNCTD5. PS to ProSecretary to Lt. Governor6. PS to ProSecretary to Chief Minister7. PS to Secretary to Dy. Chief Minister8. All Deputy Commissioners, GNCTD

Encl: A copy SOP with checklist

(Sandeep Mishra)Special Director (I&P)

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SOP TO BE FOLLOWED BY HODs FOR APPROVAL OF ADVERTISEMENTS

Officer Procedure to be followed before submitting I Remarks, if any ·1the advertisement. t-' ~(Put tick mark in box after completing the .--------- ....;process) !

Ir.-:-=:-=:---t----:-.--- __. J • • ._.

HOD 0 Preparation of content (information facts &Tfigures) needed to be published. i

o Brief note on the necessity and theimportance of the advertisement

o Size of the a::vertisement

o Media plan including approximate cost foreach advertisement

o Proper translation of the text, if required.

o Hindi to English

o English to Hindi

o Design, idea and layout to the extentpossible

--.-- __ --1, .._ .__.

The HOD, with all the above details, will first get the approval of the Honble Ministerconcerned and then follow the below mentioned flow for processing in DIP.

Hon'ble Minister to the HOD --. HOD to DIP __. DIP to Shabdarth

Shabdarth will finalize the layout and design and submit it to Dy. Chief Minister for finalapproval.

After approval of the Deputy Chief Minister, Shabdarth will send back the advertisementto DIP for publication Irelease.

..

MOST IMMEDIATESUP,8_EMECOURT MATTER

DIRECTORATE OF INFORMATION AND PUBLICITYI

GOVERNMENT OF NeT OF DElHIBLOCI~ NO. IX. OLD SEeTT:. OELHI-II0054

No. 16(22lJOIP!Advt/201S-16! ~~'1.t Dated: ~~) J 6/ , r-"('~-~---".-

ToAll HODs,Government (jf'-,\ICTof Delhi

Su.b: HgnJb1e Supreme Court Judgement dated 13.5.2015 in the matter of Guidelines forGovernment funded advertisements in the .matter .ofWPC No. 13 of 20.03and 194 of 2004 byCommon Cause and Centre for Pllblic Ihterestlitigatlon

Sir,In the matter of WPC No. 13 of 2003 and 194 of 2004 by Cq,mmon Cause and Centre for Public

Interest Litigation, the Hcn'ble Supreme Court had appointed a three member committee to suggestGuidelines for Government funded advertisements. Hon'ble Supreme Court h~s delivered its judgementon the above matter on 13.5.2015. Full text of the judgement is available and same may be visited inthe website of Han'ble Supreme Court Of India.

Hon'ble Supreme Court has observed that ONLY thl' photograph of the President, PrimeMinister and Chief Justice of the country should be displayed in Government advertisements. TheHon'ble Supreme Court has, inter-alia, also directed that "Advertisement issued to commem,orate theanniversaries of acknowledgedpersonalities like the father of the nation would of course carry the

photograph of the departed leader",

The judgement is binding on the Union of India, State Governments and Union TerritoryAdministrations and it) agencies, This implies that tbe judgement is applicable to al! local bodies, publicsector undertakings and other autonomous bodies/organization established under a Statue. These'C;uide!inesare applicable to all Governments advertisements other than classifieds and in all mediumsof communications, such as print, electronic, outdoor and digital, including internet advertising.

It is necessary to take note of all aspects of the judgement of Hon'ble Supreme Court forcompliance ill letter and spirit. It is therefore aov.seble to download the full text of the judgement for

necessarv compliance.\ /

~Additional Director (I&P)

Copy to

LY" Secretary tc Lt. Governor of Oelill ,.2. Secretary to Chief Minister, Delhi3. Secretary to Deputv CI1iefMinister, Delhi4. Secretary to all Cabinet of Ministe(S, Delhiuv. OSDto Ctlief Secretary. Gove.of NCTof Oelhiif. Deputy DirectoriPress)/AclvtjFleld Publicity, DIP