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The Indian government has introduced new rules for online influencers. If an influencer gets free items or money to talk about a product, they must disclose it by using words like "ad" or "sponsored." This lets viewers know if the star is being paid to promote the product or if it's their genuine opinion.
When you see these special words, you know the influencer is getting something in return. These rules help make social media marketing in India more transparent, ensuring stars are honest about paid promotions.
Before, it was hard to tell if influencers were giving real recommendations or if they were paid to promote something. With these new disclosure rules, viewers can make better choices. Knowing when an opinion is paid for helps you judge if the product is worth considering.
These rules also protect influencers' credibility by encouraging honest recommendations. Influencers who follow the guidelines show a commitment to honesty, building stronger relationships with their audience. Overall, these new rules create a more transparent and trustworthy environment for social media users in India.
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Rules for Online Influencers
To ensure that online influencers are fair to everyone, there are some crucial rules:
- Clear Labels: In India, influencers on social media are now required to disclose when companies pay them to promote products. This is a statutory requirement. Section 18(1)(a) of the Consumer Protection Act, 2019 stipulates this. Influencers must use tags such as #ad and #sponsored. These tags state sponsored content or an advertisement.
- Honest Reviews: Influencers cannot lie about products. They must be truthful about their opinions.
- Age-Appropriate Content: Influencers should make sure their content is suitable for their audience's age group. This helps protect younger viewers from inappropriate content.
- Avoid Harmful Products: Influencers should not promote products that could be harmful to their audience. This includes unsafe health products or services.
- Respect Privacy: Influencers must respect the privacy of their audience. They should not share personal information without consent.
By following these rules, influencers can help maintain trust with their audience and ensure that their promotions are fair and transparent. This also helps create a safer and more trustworthy online environment for everyone.
Things Influencers Cannot Do
Here are the clear rules influencers must follow:
- No Harmful Products: Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003 is the law that bans advertisements for tobacco products. This includes television, radio, print, and even point-of-sale promotions.
- Be Honest: They must always tell the truth about products they endorse.
- No False Health Claims: They can't make up health benefits without proof.
Following these rules keeps online information reliable and protects consumers from misleading ads.
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Your Digital Presence: A New Law to Protect You!
Imagine all the information about you online. It includes your name, birthday, phone number, likes, dislikes, address, and whatnot. All this is called your personal data. India has a new law to protect this data about you. It's called the Digital Personal Data Protection Act.
What does it do?
According to the Digital Personal Data Protection Act, your personal information belongs to you. No one can use your data without your permission. Protecting your privacy is crucial. Companies and websites collect your data. They must keep it safe from unauthorized access or misuse. You have the right to know what data they have about you. If you find any inaccuracies, you can request them to correct it.
Penalties and Enforcement for Influencers
If influencers break the rules around data privacy and protection, there can be serious consequences:
Fines
The Centre has issued guidelines for social media influencers to regulate promotions. Violators face fines of up to ₹10 lakh for a first offence. For repeated violations, the fines can go up to ₹50 lakh.
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Watchdog Groups
- The Advertising Standards Council Of India (ASCI) scrutinises social media influencers' activities. They identify potential violations.
- ASCI has the ability to quickly identify problematic ads and deals with them, supporting the government's efforts to enforce the new guidelines.
- The government is taking a firm stance to ensure transparency and accountability in influencer marketing. Influencers must be extremely cautious about protecting people's data and following all relevant rules and regulations to avoid facing hefty fines or even legal action.
Influencers Need to Be Trustworthy
The influencer marketing world is getting a lot of attention because it has a big impact on the people who see it. Influencers need to be ethical and earn the trust of the public.
Influencers need to stay up-to-date on the latest rules and regulations. When new guidelines come out, they should adjust their approach to follow the rules. By being honest and clear, influencers can have a positive impact on the digital world. Influencers who are authentic and dependable will be the ones who succeed in the long run.
Influencers wield significant power, requiring cautious application. By keeping people's information safe, following the rules, and being honest, influencers can make the internet better.
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FAQs:
Q: Can influencers endorse products they genuinely like without disclosing a sponsorship?
Even if an influencer gets a free or discounted product, they must say why. The goal is to keep things clear. It's to avoid misleading viewers about the influencer's motives.
Q: How specific does an influencer need to be about the nature of the sponsorship?
While disclosing "sponsored" or "ad" is a good start, some argue for more specific terms. For example, if it's a paid partnership. Or, if someone gifted the product in exchange for a review. Or, if it's an affiliate marketing link.
Q: Do the disclosure rules apply to all social media platforms in India?
The CCPA guidelines apply broadly to social media endorsements. This includes platforms such as Instagram, YouTube, and Twitter. It even includes short-form video platforms like TikTok.
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REFERENCES
- Centre issues guidelines for social media influencers; hefty fine for violators
- New guidelines for social media influencers soon, offenders to face Rs 50 lakh penalty
- Centre issues guidelines to social media influencers to regulate promotions
- Centre enforces new rules for influencers endorsing products, therapies.
- Attention influencers. You may soon be fined lakhs for false ads, or not disclosing paid content
Written by Saksham Arora
As a third-year law student, my passion for justice and advocacy has led me to pursue a career in law. I am currently studying at Amity Law School , Noida and have been developing my legal research, writing, and analytical skills. I am committed to using my legal education to make a positive impact in society and am excited about the opportunities that lie ahead.
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Further Reading
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