The Supreme Court of India has issued a warning to celebrities, social media influencers, and advertisers. They will share equal responsibility and liability if they endorse and disseminate deceptive and misleading advertisements or services, particularly concerning food and health products.
The apex court stated, “It is the shared responsibility of advertisers and endorsers, including celebrities and influencers, to ensure the accuracy of advertisements.” The bench, consisting of Justices Hima Kohli and Ahsanuddin Amanullah, emphasized the significant role endorsements by public figures, influencers, and celebrities play in promoting a product. They stressed the importance of these individuals acting responsibly when endorsing any product in advertisements.
The court has mandated advertisers to submit self-declaration forms affirming their adherence to cable TV rules and advertising codes before broadcasting ads. Television broadcasters must upload these declarations onto the Broadcast Seva Portal before airing the ads. The relevant ministry has been instructed to establish a portal for advertisers to submit self-declarations for print media ads within four weeks.
However, the judges clarified that they do not intend to create excessive bureaucratic hurdles in the submission of self-declarations by advertisers. They emphasized that the aim is not to make it challenging for advertisers to promote their products but to ensure accountability and responsibility in advertising practices.
The bench noted the existing guidelines requiring influencers to disclose paid endorsements transparently. They highlighted the need for the government to establish a clear procedure to encourage consumers to file complaints. This ensures that such complaints are not merely acknowledged or marked but are taken to a logical conclusion.
This ruling underscores the importance of transparency and accountability in advertising, particularly when public figures are involved. It serves as a reminder that celebrities and influencers have a responsibility to ensure the accuracy of the products and services they endorse.
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