To curb false and misleading claims, hold social-media influencers accountable

Today, India is home to roughly 2.5 million to 3.5 million content creators. 

Influencers’ authenticity and relatability make them trusted figures, driving people’s purchase decisions often more effectively than traditional ads. Brands see influencer marketing as one of the best ways to engage their target audience. But are there checks and balances on what these influencers disseminate?

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Over the years, there has been a significant proliferation of misleading and unverified claims by influencers on social media, especially related to food and beverage products. In today’s hyper-connected digital landscape, such claims can swiftly undermine decades of trust and authenticity, damaging a brand’s credibility and shaking consumer confidence. 

This underscores the importance of fostering ethical collaborations, ensuring factual correctness and championing transparency to safeguard the ecosystem. While claims remain unverified, they influence consumers to reject some products, which hurts businesses.

Online content regulation: Social media influencers in India enjoy freedom of expression under Article 19(1)(a) of the Constitution, but this right is not absolute. Article 19(2) imposes reasonable restrictions to prevent defamation, requiring influencers to avoid content that damages the reputation of individuals or brands.

The Advertising Standards Council of India (ASCI) has attempted to address these risks by requiring health-related claims in advertisements to be backed by credible and reliable data for the sake of consumer safety. 

Non-compliance exposes influencers and brands to significant legal and reputational risks. This is especially critical in sensitive sectors like food and pharma, where false or exaggerated claims can endanger consumer well-being and erode trust in these industries.

To combat the menace of misinformation, it is imperative to enforce strict compliance with Central Consumer Protection Authority (CCPA) guidelines on declaring paid affiliations. Further, influencers offering unsolicited or unpaid commentary must meet stringent qualifications to ensure they possess the expertise to offer credible opinions.

A growing phenomenon online is the rise of reverse influencers—individuals or groups who use their platforms to discourage the use of certain products or services, often without substantiated claims. 

While some act with a genuine intent to inform and protect consumers, others may spread misinformation or defamatory content, causing undue harm to businesses. Addressing this problem requires clear guidelines to differentiate constructive criticism from baseless disparagement.

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ASCI recommendations remain voluntary guidelines, lacking enforceability. 

While they encourage compliance, they do not impose penalties, so some influencers and brands continue to prioritize short-term gains over ethical practices. This lack of accountability underscores the need for a stronger regulatory framework to enforce transparency and protect consumer interests.

Learn from existing playbooks: Global best practices provide useful frameworks for regulating social media influencers and fostering ethical behaviour online. 

The US Federal Trade Commission sets a high standard by requiring influencers to disclose paid partnerships, with penalties for violations. India could go further, adopting a comprehensive approach that addresses not only transparency, but also the accuracy of claims. This would prevent unwarranted disparagement of brands and products.

We must put robust mechanisms in place to protect consumers, preserve brand integrity and ensure influencers are held accountable, all while respecting their creative freedom and expression. 

The Securities and Exchange Board of India’s rules to regulate financial influencers are an appropriate step in this direction. This move should be emulated in other consumer-facing industries as well.

Also Read: India needs new taxes on finfluencers, and more IT notices

Broadly speaking, India must confront the rise of independent activists who misuse their platforms to spread unverified or defamatory content. Stricter legislation and enforcement are crucial.

It’s also a social imperative: The domain of social media in India is vast, dynamic and now deeply ingrained in the daily lives of people. 

Social media platforms act as hubs for information, entertainment and advice—a significant proportion of which originates from what is disseminated by influencers. There seems to be no let-up in the power they wield over consumer choices and behaviour, perhaps even beliefs.

Speaking at a forum recently, former Chief Justice of India D.Y. Chandrachud reflected upon the role social media influencers shaping opinions. 

“Today," he observed, “there are special interest groups and pressure groups trying to use social media to affect the minds of the courts and the outcomes of cases. Every citizen is entitled to understand the basis of a decision and express their opinions on the court’s decisions. But when this goes beyond the court’s decisions and targets individual judges, it sort of raises fundamental questions about ‘Is this truly freedom of speech and expression?’"

Chandrachud’s words hold true for all social media influencers. We need a system of checks and balances. Platform owners and the government should work towards setting up a framework that appropriately prioritizes transparency, accountability and consumer awareness.

India is one of the world’s largest markets for social media companies. As digitization further penetrates every nook and corner of the country, the influence of influencers and content creators is likely to increase. We must address gaps in the current ecosystem to enable a future of trust and accountability.

The author is member of the National Consumer Disputes Redressal Commission and a former secretary to the Government of India.