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Advertisers To Be Solely Liable In Case Of Accidents: BMC’s Draft OOH Guidelines

Months after the Ghatkopar incident, resulting in the tragic loss of over a dozen lives and injuries to many others, the Brihanmumbai Municipal Corporation (BMC) has unveiled a newly drafted, revised OOH (Out-of-Home) advertising policy. It has clearly stated that in the event of an accident, the advertiser will bear full responsibility for any resulting actions, lawsuits, claims, damages, or demands.

| Published on August 12, 2024

Advertisers To Be Solely Liable In Case Of Accidents: BMC's Draft OOH Guidelines

Following the Ghatkopar incident that claimed the lives of over a dozen people and injured many others months ago, the Brihanmumbai Municipal Corporation (BMC) has introduced a newly drafted revised OOH advertising policy.

The guidelines have been established for the display of outdoor ads, political ads, and digital hoardings, implementing stringent measures for both OOH and DOOH advertisements.

In the ‘Draft Policy Guidelines for Display of Outdoor Advertisements 2024,’ the BMC clearly states that in the event of an accident, the advertiser will bear full responsibility for any resulting actions, lawsuits, claims, damages, or demands.

These guidelines are established under the provisions of The Mumbai Municipal Corporation Act, 1888, as well as other relevant acts, rules, and regulations. Therefore, they should be read in conjunction with such acts and associated rules, regulations, and guidelines.

These policy guidelines shall come into effect from the date of issue and will be valid for the next ten years from the date of issue or approval of the next policy guidelines, whichever is later.

The 58-page policy is open for public feedback and suggestions, with a deadline of August 26.

A few important guidelines include:

1. Considering Mumbai’s commercial potential as Financial Capital of India, the earlier system of different sized for different zones was found to be without any rationale and therefore, division of Mumbai in Zone 1/2/3 has been dispensed with. Now, the Policy allows advertiser to put any size of hoarding (as defined in the Policy) anywhere in the jurisdiction of BMC.

2. Permit shall be renewed three months in advance before the expiry of license.

3. No hoarding shall be permitted near high tension wire.

4. While finalising the policy for grant of permission for banner/boards/flags, etc., adequate care should be taken to keep I mind the ‘Code of Conduct’ to grant permission for political displays during elections.

5. Policy regulating digital advertising has been introduced. All malls, multiplexes, shopping complex, commercial buildings can apply for digital LED ads.

6. The advertiser has to obtain ‘No Objection Certificate’ from Joint Commissioner of Police (Traffic) for illuminated or digital hoardings. In absence of an NOC from Joint Commissioner of Police (Traffic), advertisement permit will not be granted/renewed for illumination.

7. This Policy shall be applicable to the hoardings on the seaward side under the jurisdiction of Maritime board.

8. Insurance of each hoarding shall be taken for Rs 5 lakh to Rs 1 crore considering location of hoarding where at pedestrian and vehicle movement criteria will be considered while deciding insurance amount in case to case.

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