Nagpur: Have you also been cheated by watching the contents of influencers?
In recent years, social media influencers have become a significant force in marketing, often swaying public opinion and consumer behaviour. However, the rise of influencer marketing has also led to a surge in dubious content, where misleading or false claims are made to promote products and services. This report examines the impact of such content and provides insights from Prakash Naidu, a renowned lawyer based in Nagpur. Adv Naidu, a practicing advocate at Nagpur Bench of Bombay High Court and Supreme Court of India for 25 years, explains the legal recourse available under the Consumer Protection Act.
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22 April 2025
Influencer marketing leverages the trust and following that influencers have built to promote various products and services. While many influencers maintain integrity, there has been an increasing number of cases where the content is misleading or outright false. This can range from exaggerated claims about a product’s effectiveness to undisclosed sponsorships, which can deceive consumers.
These practices not only mislead consumers but also undermine the credibility of the influencer industry as a whole.
Prakash Naidu, a seasoned advocate practicing at the Nagpur Bench of the Bombay High Court and the Supreme Court of India, offers valuable insights into the legal protections available to consumers against misleading influencer content.
Adv Naidu highlights that the Consumer Protection Act, 2019, is a crucial tool for consumers who feel cheated by influencer content. Key provisions include:
1. Definition of Misleading Advertisements: The Act clearly defines misleading advertisements and holds endorsers liable for any deceptive claims made in their promotions.
2.Liability of Endorsers: Influencers can be held accountable if they fail to perform due diligence before endorsing a product.
3.Penalties: Penalties for misleading advertisements can include fines and imprisonment, depending on the severity of the offense.
4.Redressal Mechanism: Consumers can file complaints with the Consumer Disputes Redressal Commissions at the district, state, and national levels. These bodies are empowered to order the removal of misleading advertisements and compensation for affected consumers.
Adv Naidu cites several case studies where consumers have successfully taken legal action against influencers and companies for misleading content. These cases underscore the importance of transparency and honesty in influencer marketing.
According to the need of the hour, a slew of amendments were added in the Consumer Protection Act in 2019.
On May 7, taking a firm stand on the issue of misleading advertisements, the Supreme Court had said that celebrities and social media influencers are equally liable if the commercial for the product or service featuring them is found to be deceptive.
During its hearing in the Patanjali Ayurved misleading advertisements case — in which it also pulled up the Indian Medical Association earlier in the day — the court also said broadcasters will have to file a self-declaration form before carrying any advertisements, stating that the commercials comply with the relevant rules.
The Apex Court pointed out that guideline requires a person to have enough information or experience with the product or service he or she is endorsing and ensure that it is not deceptive. The provisions are meant to serve the consumers and ensure that the consumer is made aware of the kind of product being purchased from the market, particularly in the health and food sectors,” the bench said and ruled that celebrities and social media influencers are equally liable for misleading advertisements of products or services featuring them.
Adv Naidu further said that the influencer or content creator should examine themselves, the place, product or anything that they’re advertising. If they fail to do so and create a misleading ad and when the consumer goes to a place and finds that it’s nothing like what it was advertised, the consumer can approach Consumer Forum and hold the influencer equally liable.
As influencer marketing continues to grow, so does the responsibility of influencers to provide accurate and honest content. The Consumer Protection Act, 2019, provides a robust framework for protecting consumers from deceptive practices. Legal experts like Prakash Naidu emphasize the importance of consumer awareness and the need for influencers to adhere to ethical standards. Consumers who feel cheated by influencer content have legal recourse and should not hesitate to seek justice through the appropriate legal channels.
