Introduction
Social media is not just about the likes and follows; it’s also about playing it safe and legal in this digital playground. In India. There are no specific laws exclusively designed for them but there are some key aspects that apply to social media influencers
Regulation for influencers in india
Under Consumer Protection Act, 2019, influencers need to ensure transparency in promotional content. Misleading advertisements or fibbing about products might just lead to a soup of penalties on both manufacturers and endorsers up to a fine of 10 to 50 lakhs.
Advertising Standards Council Of India (ASCI) Guidelines covers various aspects of advertising ethics and standards to maintain honesty and fairness in advertising endorsements.
Section 499(defamation),292(obscenity) and 505 (spreading false statements) are prohibited under Indian Penal Code. Influencers need to avoid posting content that might incite hatred or cause harm to any individual or group.
Section 66(a) of IT Act,2000 prohibits and provides punishment for any offence which is committed via social media to hurt or cause injury to others.
Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 ensures swift content takedown when necessary and imposes obligations on social media intermediaries and users to follow a code of ethics and to prevent the spread of misinformation. So think twice before hitting that post button.
Social media Influencers need to respect copyright laws as using someone else’s content without permission can lead to legal issues under Section 51(infringement of copyright),63 (penalties and 66 (criminal remedies for infringement) of Copyright Act,1957.
Now, when influencers cozy up to brands for those sweet endorsements, they’re stepping into the world of contracts. Understanding and playing by the rules of these contracts under the Indian Contract Act of 1872 is as crucial as knowing your best selfie angle.
Influencers must clearly disclose paid promotions or sponsored content. Failure to disclose endorsements can lead to penalties.
Conclusion
By following these guidelines, Influencers not only protect themselves from legal repercussions but also build trust with their audience.
Done By: V. Madhumitha, 5th year B.A, LL.B(Hons.)
SRM University, Kattangulathur
For Origin Law Labs
