OOH! My God!

The governing civic body of Mumbai, Brihanmumbai Municipal Corporation, has proposed policy changes in matters regulating OOH (Out-Of-Home) advertising in Mumbai. While being the oldest form of advertising in the world, the humble OOH has often been part of big conversations, with little or no need for intervention.

However, things changed drastically this year! Following the tragic collapse of an unauthorised hoarding in Ghatkopar, this May, which resulted in 17 fatalities and 57 injuries, the BMC has finally released its first comprehensive policy on outdoor advertising. The 58-page draft, open for public suggestions and objections, has left advertisers with raised eye-brows. One of the most controversial points of the draft, states that, “In case of any accident, advertisers shall be solely liable against all actions/suits/claims/damages and demands of any nature.”

This provision has created a sense of unease among advertisers and ad agencies, who now find themselves facing financial and legal mess in case of a hoarding collapse. Hoardings, that are traditionally managed by media owners. The shift in responsibility has prompted a frenzy among industry stakeholders, who are urgently seeking clarity on the policy’s implications and strategizing their next moves.

Furthermore, the frequent use of the word “advertisers” in the draft, has created a sense of confusion in the industry. One such instance of uncertainty is visible in the section that states, “Advertiser has to obtain a No Objection Certificate (NOC) from the Joint Commissioner of Police (Traffic) for illuminated or digital hoardings. In absence of an NOC from Jt. Commissioner of Police (Traffic), advertisement permits will not be granted/renewed for illumination.”

Pawan Bansal, President of Indian Outdoor Advertising Association, commented on the move saying, “The BMC policy has used the words agency/advertiser/permit holder, interchangeably in the policy. At the end of the day in case of an untoward incident with the media, the owner is responsible as he is the permit holder, the brand only takes the media for a short-term contract.”

Some reports, quoting a BMC official, have alleged that the draft policy puts liability on OOH owners and not advertisers. According to the reports, “Incase of an accident, the BMC will consider the OOH agency the offender, not the advertisers.” While these reports soothe advertisers and marketers alike, the industry awaits an official statement with bated breath.

While the industry criticises the nomenclature in the draft, the final decision lays in the hand of the civic body. It is yet to be seen what the potential fallout of this move will be.

The BMC has invited objections and suggestions regarding the draft policy till August 28, 2024. Indian Outdoor Advertising Association (IOAA), Indian Society of Advertisers (ISA), Advertising Agencies Association of India (AAAI), and other stakeholders may utilise this facility to voice their concerns. With much speculation in the air, a definitive statement from the BMC will be a welcome change to the state of affairs.

(Compiled by Jennifer Thomas)