A robust ad policy for Brand Bengaluru

In the budget speech for 2024-25, the Government of Karnataka announced that a revised advertisement policy for Bengaluru would be adopted soon. The past few years have witnessed protracted litigation in the Karnataka High Court on the proliferation of unauthorised billboards in the city, including a direction to the state government on August 28, 2023, to formulate advertisement rules accordingly.

The regulation of outdoor advertising in Bengaluru has had a chequered history. The BBMP Advertisement Bye-Laws, 2006, was the first attempt to regulate outdoor advertising at the municipal level and generate revenue from the lease of advertising rights. In 2018, the BBMP Council adopted the Outdoor Signage and Public Messaging Bye-Laws, 2018, replacing the 2006 bye-laws and banning commercial hoardings in the city on all public rights-of-way on environmental and safety grounds. Both the 2006 and the 2018 bye-laws were issued by the BBMP in exercise of its powers under Section 134 of the Karnataka Municipal Corporations Act, 1976. The BBMP Act, enacted in 2020 exclusively for the governance of Bengaluru, provided for the BBMP to regulate out-of-home advertisements, through Section 157 of the legislation. However, in 2021, the state government exercised its own rulemaking powers under the Act to publish the BBMP Advertisement Rules, 2021, which sought to reverse the ban on commercial hoardings. Public backlash over the proposal led to the retraction of the proposed rules and the reinstatement of the 2018 bye-laws.

The most misused provision of the 2018 bye-laws is an exemption clause that allows ‘sponsored advertisements’ to be erected by private financiers of public infrastructure such as bus shelters and public toilets. This loophole has led to the development of public infrastructure by private entities solely for the purpose of attendant advertising rights, and without due scrutiny of its necessity or desirability.

Given that the licensing of outdoor advertisements is an important source of municipal revenue, the decision to formulate a new policy is indeed a welcome one. However, the success of the new policy would hinge on three planks: A hassle-free and transparent licensing procedure, restrictions in the interests of road safety, environmental and other considerations, and finally, an effective enforcement mechanism.

A liberal process for obtaining licences would add greatly to the city’s coffers. The 2021 Rules provided for a single-window system, which would go a long way in cutting the red tape in obtaining the requisite clearances from different departments. The Rules also provided for a competitive bidding process for obtaining advertising rights, with base prices fixed on the basis of locality and the volume of road traffic. Above all, the entire licensing procedure ought to be digitised and transparent to minimise the scope for corruption in the grant of permits.

The need to enhance municipal revenue must not override other considerations that are equally important for the welfare of the city, as has been recognised in other regulations such as the Delhi Outdoor Advertising Policy, 2017. The proposed rules must prohibit dynamic displays on digital billboards on the grounds of road traffic safety since multiple studies have indicated a correlation between visual clutter and road accidents. As recently as last month, the high court issued notice to the state government in a petition seeking the regulation of LED billboards in the city in the interests of road safety. Advertisements must also be prohibited in areas declared as ‘protected areas’ under the Karnataka Ancient and Historical Monuments and Archaeological Sites and Remains Act, 1961, and ‘heritage precincts’ notified under the BBMP Act, 2020. The policy ought also to contain restrictions on the materials used for hoardings since PVC hoardings are a large source of plastic pollution and pose major waste disposal problems. Finally, the new policy must include content regulations similar to those contained in the earlier bye-laws since unlike other forms of advertising, outdoor advertisements are visible to all persons on public roads, including children.

Lastly, the policy must institute a robust monitoring and enforcement mechanism. The high court has recommended that QR codes be embossed on all authorised billboards as has been attempted in Mumbai. These would allow anyone to access details such as permit number, time period of permit, etc. Municipal functionaries must also be empowered to take prompt action against violations and levy penalties.

The saga of unauthorised billboards in the city has gone on for far too long. It is hoped that the state government’s new policy will strike a fair balance between the competing objectives of revenue generation on the one hand, and the imperatives of road safety, urban heritage conservation, environmental sustainability and aesthetic considerations on the other.

(The writer is a Research Fellow, Vidhi Centre for Legal Policy)