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India’s New Guidelines For Social Media Influencers, Explained

New guidelines prescribe how influencers endorsing products online should disclose it to consumers

Celebrities should give disclaimers, even when endorsing their own products on social media, according to the new guidelines for social media influencers released by the Ministry of Consumer Affairs, Food and Public Distribution at a press conference. It could mean that Hritik Roshan posting pictures in his own clothing brand HRX, or Riteish and Genalia talking about their company Imagine, which sells plant-based meat, will have to give a disclaimer before posting on social media platforms. The logic behind this move is that although there might not be a direct exchange of money when an influencer is promoting their own brand, they will definitely benefit from it by way of increased sales, improved reputation etc, the Ministry explained during the press conference.  These guidelines called the 'endorsement know-hows' were announced at the said press conference on 20th January, 2023 by the Consumer Affairs Ministry. This story is based on the information gathered through the press conference and a document been shared by the government.   Is it mandatory for influencers to follow these guidelines?  It is "mandatory" to follow these guidelines when a ‘material connection’ (explained later in the story) exists between the influencer and advertiser, which may weigh on the mind of the audience regarding its credibility, said Arjun Adrian D'Souza, volunteer legal counsel at Software Freedom Law Center. Failure to do so may attract penalties under the Consumer Protection Act, 2019, he added. Who has to make disclosures?  Any individual who has access to an audience and the power to affect…

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I cover privacy, surveillance and tech policy. In my reporting, I try my best to present the most relevant facts, and sometimes add in a pinch of my thoughts.

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