“With stricter enforcement, influencers must prioritise transparency and credibility, making ethical content creation essential in the evolving digital landscape”
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As digital connectivity grows, India faces a complex battle against misinformation and de-influencing. While social media enables vital communication, it also amplifies unchecked content. De-influencing — where influencers discourage purchases — can promote mindful consumption, but often relies on sensationalism and clickbait for engagement.
Despite expert advice being essential, digital platforms often become the go-to place, enabling the rapid spread of misinformation. To counter this, strict regulations are needed.
Experts consulted for the World Economic Forum’s 2024 Global Risks Report identify India as one of the nations most vulnerable to misinformation and disinformation. This is largely driven by the rise of AI-generated content and the influence of social media platforms. Despite the Ministry of Consumer Affairs’ “Endorsement Know-hows” and ASCI/SEBI guidelines, misleading health advice and weight loss reels blur the line between organic and paid content. Influencers often use shock tactics, clickbait, and half-truths to go viral, rapidly fuelling misinformation.
Legal landscape
While Article 19(1)(a) of the Constitution guarantees freedom of speech, it is subject to reasonable restrictions under Article 19(2), including defamation, public order, and morality. The Supreme Court has upheld that free speech does not protect spreading misinformation or harmful content.
The Consumer Protection Act, 2019, bans misleading advertisements, holds influencers accountable for deceptive promotions. Digital regulations under the IT Act (Sections 66 & 67), the Intermediary Guidelines, 2021, and defamation and e-commerce laws penalise harmful content and ensure accurate endorsements.
Though not legally binding, ASCI guidelines set ethical standards, with non-compliance leading to blacklisting and public reprimands.
With stricter enforcement, influencers must prioritise transparency and credibility, making ethical content creation essential in the evolving digital landscape.
An influencer’s intent is key when critiquing brands. Honest reviews aid consumers, but exaggerated negativity for clicks or sponsorships is a commercial tactic. Indian defamation laws protect against misleading content, highlighting the need for authenticity. While influencers operate across many fields, health-related content is held to a higher pedestal. There are norms in place, but something more critical is required in the health sector to ensure that advice is reliable and responsible.
Influencer content blurs the line between fact and manipulation with selective data, ambiguous language, and cherry-picked events. Misinterpreted studies and emotional appeals create misleading narratives that prioritise engagement over accuracy.
We have all fallen for clickbait, especially when it promises to teach us “how to avoid cancer” or “how to make liver detox water.” These trends highlight influencers’ role in shaping narratives and public discourse. Viral content often outpaces fact-checked information, making critical thinking, source verification, and expert consultation crucial.
Evolving regulation
Regulations for social media influencers are tightening, with a focus on accountability and responsible content. SEBI recently imposed strict rules on “finfluencers,” restricting real-time stock data in educational content to prevent influencers from influencing financial decisions without proper expertise or authorisation.
Legal scrutiny now extends to misleading advertisements. In Indian Medical Association vs Union of India, the Court held influencers accountable for false endorsements, and the Delhi High Court stressed claim verification, especially in health content. With non-experts gaining visibility on unregulated platforms, health advice must come from qualified professionals. Strong ethical norms and legal oversight are crucial to curb misinformation.
In a landmark ruling, the Delhi High Court restrained an influencer from disparaging a brand, emphasising that freedom of speech under Article 19(1)(a) is not absolute. It upheld restrictions to prevent defamation and ruled that health content must be backed by qualified professionals with disclosed credentials.
While influencers gain trust, exploiting it for personal gain damages credibility. As trust erodes, influencers and brands risk losing their authenticity.
Moreover, establishing a registration system or database for influencers disseminating public health information is essential. Such a system would function as a continuous monitoring tool, ensuring transparent accountability for the content produced. This approach would help curb the unchecked spread of misinformation and empower consumers to make well-informed, objective assessments, especially given the significant safety and perception challenges associated with health-related content. Recognising the ethical dimensions inherent in public health communication, robust ethical practices must complement legal measures to safeguard public interests.
Brands must invest in consumer education, while regulators and platforms should enforce strict guidelines against misinformation. It is critical to enforce stringent guidelines to hold influencers accountable for their content and unchecked promotional activities, thereby safeguarding consumer interests.
Gopal Jain is Senior Advocate, Supreme Court of India
Published – May 07, 2025 02:38 am IST