Influencers Will Be Responsible For Misleading Ads: Supreme Court Of India


Rohit Kulkarni

Rohit Kulkarni

May 12, 2024


As per the latest reports, the apex court of India, Supreme Court directions, the celebrities, social media influencers, and advertisers will share equal responsibility and liability in case they endorse or disseminate deceptive and misleading advertisements or services concerning food and health products.

Influencers Will Be Responsible For Misleading Ads: Supreme Court Of India

Supreme Court Mandates Accountability in Advertising and Endorsements

Supreme court said that “It is the shared responsibility of advertisers and endorsers, including celebrities and influencers, to ensure the accuracy of advertisements.”

A bench which comprised of Justices Hima Kohli and Ahsanuddin Amanullah said that “Endorsements by public figures, influencers, celebrities, etc., go a long way in promoting a product, and it is imperative for them to act with responsibility when endorsing any product in the course of advertisements”.

Before the broadcasting of ads, it has been mandated for the advertisers to submit self-declaration forms affirming their adherence to cable TV rules and advertising codes. 

In addition to this, as per the directive, the television broadcasters must upload these declarations onto the Broadcast Seva Portal before airing the ads. 

Enhanced Accountability Measures in Advertising Practices

A portal for the advertisers to submit self-declarations has been developed for the advertisers to submit self-declarations for print media ads within four weeks by the relevant ministry.

There were clarifications by the judges that there is no intend or need to create excessive bureaucratic hurdles in the submission of self-declarations by advertisers. They laid emphasis on the fact that the government does not want to make it challenging for advertisers to promote their products but instead ensure accountability and responsibility in advertising practices.

The bench also asked the influencers to disclose any paid endorsements transparently.

Further the government established a clear procedure to encourage the consumers to file complaints, ensuring that such complaints are not merely acknowledged or marked but are taken to a logical conclusion.

Summary:


Rohit Kulkarni
Rohit Kulkarni
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