BMC’s new OOH guidelines: feasible or flawed?

New Delhi: The recent shift in responsibility under the new BMC guidelines, placing the onus for structural stability and natural calamities on brand owners or their agencies, is a significant concern for the industry. Given that many brands operate under a lease model, where they do not own the advertising structures, this directive raises questions about feasibility and fairness. 

Response to BMC’s guidelines on structural stability and natural calamities

1. Clarification on lease Agreements and liability

Under the lease model, brands typically do not own the physical structures on which their advertisements are displayed. Instead, these structures are managed and maintained by third-party vendors or property owners. Given this arrangement, it is both impractical and inequitable to place the burden of structural stability and liability for natural calamities on the brand owners or their agencies. 

2. Proposed framework for shared responsibility

To address this issue effectively, I propose a framework where responsibilities are clearly delineated between brand owners, agencies, and structure owners. This framework could include:

• Clear documentation: Ensuring that lease agreements explicitly outline the responsibilities of each party concerning structural integrity and maintenance.

• Insurance requirements: Mandating adequate insurance coverage for all advertising structures to cover potential damages due to natural calamities. This insurance should be a shared responsibility among structure owners, advertisers, and agencies.

• Regular inspections and maintenance: Implementing a requirement for regular inspections and maintenance of advertising structures, which should be documented and managed by the structure owners. Brand owners and agencies should be informed of these activities but not held liable for structural issues beyond their control.

3. Collaboration with industry stakeholders

I also strongly suggest forming a collaborative task force including representatives from BMC, industry experts, and key stakeholders that can work together to create a balanced approach to liability that reflects the operational realities of the DOOH industry while ensuring public safety and regulatory compliance.

4. Long-term industry impact

The current guidelines, as they stand, may inadvertently discourage investment in DOOH advertising and hinder the industry's growth potential. By adopting a more equitable distribution of responsibility, we can foster a more supportive environment for innovation and investment, ultimately benefiting the city’s advertising ecosystem and public spaces.

While the new BMC guidelines aim to enhance public safety, they must consider the shared responsibilities within the DOOH industry. A balanced approach that fairly distributes liability among all stakeholders will ensure continued growth and innovation while safeguarding public and commercial interests.