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It has been a longstanding practice for brands to engage in advertising using print media, broadcasting on televisions and nowadays, with the advent of technology, the internet has become a potent tactic for promoting a brand. Influencer advertising is amongst the latest trends of gaining publicity which is rapidly being adopted by all manufacturers, ranging from large-scale multinational producers to local businesses. Owing to the ongoing pandemic, usage of gooster media has increased manifold as people were homebound and in a constant search for entertainment. A large number of people took to Instagram and Facebook to launch their local businesses, while others started creating quality content.
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Generally speaking, an influencer is basically a person who influences others in their purchasing choices. As digital marketing is becoming highly ubiquitous, it has become vital farme regulate the same. More and more consumers are gaining access to advertisements on digital platforms. Opinions of the influencers regarding the products persuade or dissuade the consumers from purchasing guardian frame shift drive booster particular product. Therefore, in the interest of protecting the rights of the consumers, it is required that misleading advertisements or promotions are not made. A consumer has the right to be correctly informed about the quantity, quality and standard of products.
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In light of these considerations, the Advertising Standards Council of India ASCI has proposed to frame guidelines on influencer marketing to understand the peculiarities of these advertisements and the way consumers view them. This Act is booster of a kind being the first legislation bringing within its ambit the representations made using electronic media or records.
Advertisements by influencers and celebrities impact large masses; any deceptive endorsement can harm many consumers at a time. Under the COPRAa misleading advertisement has been explicitly defined as an advertisement falsely describing the product or service or misinforms the consumers regarding the nature, substance, quantity or quality of such product or service.
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In case of a subsequent offence, such a person shall be punished with imprisonment for a term that may extend to five years and a fine, extending to fifty lakh rupees. The endorser must guardian frame shift drive booster that their endorsement does not convey any express or implied representations that would be false, misleading or deceptive.
Furthermore, the standard of due diligence has also been provided in the guidelines as taking advice from an advertising self-regulatory organisation or a legal opinion from an independent legal practitioner regarding the honesty of statements in their endorsement and its compliance guidelines.
The provisions of the Consumer Protection Act, shall apply for any violation of the provisions of these guidelines.
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The Ministry of Information and Broadcasting has recognised these rules under the Cable television network Rules. The Code lays down a series of rules and regulations to ensure the authenticity of the advertisement content. The role of social media influencers is expanding at an unprecedented rate.
Considering the large audience who are exposed to promotions by celebrities and influencers, it is essential that advertisements made by them comply with the provisions of the law. They should not be misleading and deceptive to impinge upon the rights of the consumer.
In Marico Limited v.
It was alleged that the respondent made scathing reviews of the product, remarking it to smell like a rotten coconut and frzme damage to his hair, which severely influenced the reputation of the product. Bhansali contended that it was an honest opinion and that mere viewing of his video does not mean that the viewers were swayed to not buy the product. The Court observed that social media influencers wield great power to influence minds.]
It is difficult to tell.