In the Patanjali case, the Supreme Court ruled that celebrities and influencers are equally responsible if they endorse misleading advertisements.The Supreme Court bench consisting of Justice Hima Kohli and Justice Ahsanuddin Amanullah, stressed the significance of adhering to the Central Consumer Protection Authority (CCPA) guidelines for influencers engaging in paid endorsements. The Court acknowledged that public figures, influencers, and celebrities play a crucial role in promoting products and therefore must act responsibly in their endorsements.
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NEW DELHI: Today (7th May): The Supreme Court directed the social media influencers and celebrities about their responsibility and liability when endorsing products or services in misleading advertisements. The Court highlighted the need for transparency in paid endorsements and stated that advertisers, advertising agencies, and endorsers share equal responsibility for issuing false and misleading advertisements. The case filed by the Indian Medical Association against Patanjali Ayurved and the measures taken by the Court to address larger issues related to misleading advertisements.
The Supreme Court bench consisting of Justice Hima Kohli and Justice Ahsanuddin Amanullah, stressed the significance of adhering to the Central Consumer Protection Authority (CCPA) guidelines for influencers engaging in paid endorsements. The Court acknowledged that public figures, influencers, and celebrities play a crucial role in promoting products and therefore must act responsibly in their endorsements. It emphasized the need to avoid abusing the trust placed in them by the public.
The Court further noted:
“It is our view that both advertisers and advertising agencies, as well as endorsers, share equal responsibility for disseminating false and misleading advertisements. The endorsements of public figures, influencers, celebrities, etc., significantly contribute to product promotion, underscoring the need for them to exercise responsibility when endorsing any product through advertisements.”
The Court specifically mentioned CCPA guideline, which pertains to advertisements targeting or using children, and outlining the duties of manufacturers, service providers, and advertising agencies. Compliance with guideline, which requires endorsers to possess adequate information or experience with the specific product being endorsed, was also emphasized to prevent deceptive practices.
The Court emphasized that these CCPA guidelines and provisions under the Consumer Protection Act aim to ensure consumer awareness, particularly in the health and food sectors. While initially addressing a case filed by the Indian Medical Association against Patanjali Ayurved over misleading ads disparaging modern medicine, the Court expanded its focus to encompass broader issues relating to misleading advertisements by other consumer goods suppliers and unethical practices in modern medicine.
The Court stressed that influencers and celebrities must adhere to CCPA guidelines when endorsing products and should not betray the trust placed in them by the public.
“They must bear responsibility for advertisements, as outlined in guideline 8, which pertains to ads targeting or involving children, and guideline 12, which outlines the responsibilities of manufacturers, service providers, and advertising agencies, ensuring that consumer trust is not exploited due to ignorance or lack of experience. Guideline 13 mandates endorsing individuals to possess adequate knowledge or experience with the specific product being endorsed, ensuring that it is not misleading,” the Court emphasized.
To enforce accountability, the Court issued several directions. It mandated that advertisers submit self-declaration forms affirming the conformity of their advertisements with Indian laws, such as the Cable TV Network Rules of 1994 and the Advertising Code. These forms must be filed before the advertisements are published or broadcasted. The Court emphasized the need for a streamlined process without unnecessary bureaucratic hurdles, aiming to facilitate advertisers while ensuring responsibility.
The Court emphasized the need for simplicity in the submission of self-declaration forms by advertisers, without unnecessary bureaucracy.
“We aim to minimize red tape in the submission of self-declarations by advertisers. Our objective is not to impede advertising but to ensure accountability,” stated the Court.
Furthermore, the Court ordered TV broadcasters to file self-declarations on the Broadcast Seva portal operated by the Union Ministry of Information and Broadcasting. Additionally, it directed the Central government to establish a dedicated portal within four weeks for filing self-declaration forms related to advertisements in print media.
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