Answer By law4u team
With the rapid growth of social media platforms, influencer marketing has become a powerful tool for brands to promote products and services. Influencers — individuals with significant online followings — can shape consumer opinions and buying behavior. However, unregulated influencer marketing sometimes leads to undisclosed advertisements, exaggerated claims, and misleading promotions. Recognizing the need to maintain consumer trust and uphold advertising standards, the Advertising Standards Council of India (ASCI) introduced specific influencer guidelines. These guidelines aim to create a transparent, fair, and ethical digital advertising environment by clearly outlining responsibilities for influencers and brands.
Role and Key Features of ASCI Influencer Guidelines:
Mandatory Disclosure of Paid Promotions
Influencers are required to explicitly disclose any paid brand collaborations or sponsorships. This disclosure must be clear, conspicuous, and easy to understand by the average consumer. The use of hashtags like #Ad, #Sponsored, or phrases such as in partnership with is encouraged to ensure transparency. This prevents consumers from being unknowingly exposed to advertisements disguised as personal opinions.
Ensuring Truthfulness and Authenticity
The guidelines emphasize honest endorsements. Influencers must share their genuine views and experiences, avoiding exaggerated claims or unverified benefits. This helps maintain the credibility of influencers and prevents consumers from being misled by false information.
Preventing Misleading and Deceptive Advertising
Any form of deceptive content, including exaggeration, false promises, or omission of important information, is prohibited. The guidelines serve as a check against misleading marketing practices that can harm consumers.
Uniform Application Across Platforms
The ASCI guidelines apply to all forms of influencer marketing on social media platforms such as Instagram, YouTube, Facebook, Twitter, Snapchat, and emerging digital channels, ensuring consistency and broad regulatory coverage.
Monitoring and Complaint Redressal Mechanism
ASCI has established a system where consumers and competitors can file complaints if influencer content violates guidelines. Upon review, ASCI can direct influencers or brands to modify or remove non-compliant content, fostering accountability.
Promoting Ethical and Responsible Marketing Practices
The guidelines encourage influencers and brands to uphold advertising ethics, protecting consumer interests and promoting trust in online marketing. They help establish influencer marketing as a credible channel within the advertising ecosystem.
Educating Influencers and Brands
ASCI conducts awareness programs and provides resources to educate influencers and advertisers about legal and ethical marketing practices, helping them stay compliant and informed about their responsibilities.
Legal and Regulatory Alignment
The guidelines align with broader consumer protection laws and advertising codes, ensuring influencer marketing practices meet national and international legal standards.
Impact on Influencers, Brands, and Consumers:
For Influencers: Encourages transparency, builds trust with followers, and reduces legal risks.
For Brands: Enhances brand reputation, reduces backlash from deceptive ads, and promotes long-term customer loyalty.
For Consumers: Provides clarity on sponsored content, protects against manipulation, and supports informed decision-making.
Example:
A popular beauty influencer on YouTube promotes a skincare product but does not disclose that the post is a paid advertisement. A consumer buys the product expecting promised benefits but finds it ineffective and possibly harmful.
Steps to address this:
The consumer files a complaint with ASCI about the lack of disclosure.
ASCI reviews the complaint and finds the post violates guidelines due to non-disclosure.
ASCI directs the influencer to add a clear disclaimer like #Ad or Sponsored on the video description and within the video.
The influencer complies and issues an apology or clarification if necessary.
The brand revises its influencer contracts to enforce compliance with ASCI guidelines for future campaigns.
The consumer community becomes more aware of checking for disclosures before trusting endorsements.
This example demonstrates how ASCI guidelines protect consumers, hold influencers and brands accountable, and maintain integrity in digital advertising.
