The new Supreme Court ruling is a much-needed one to keep influencers’ social accountability in check while ensuring that consumers get the best value for their purchases
The Supreme Court of India has warned that social media influencers and celebrities will now share equal responsibility for endorsing products or services in misleading advertisements.
The apex court of India on May 7 declared that the fundamental right to health encompasses the right of a consumer to be made aware of the quality of products being offered for sale by manufacturers, service providers, advertisers and advertising agencies.
The direction was passed by a Supreme Court bench comprising Justices Hima Kohli and Ahsanuddin Amanullah in the Indian Medical Association vs Union of India and others case.
Addressing the issue, the court recognised that there is no robust mechanism for a customer to lodge a complaint against misleading advertisements and endorsements of misleading advertisements.
As per the provisions of the Food, Safety, and Standards Act, 2006, the court has directed the Union Ministry of Health and Family Welfare to file an affidavit furnishing the relevant data with regard to the complaints received by the Food, Safety, and Standards Authority of India (FSSAI) and the action taken on such complaints.
“FSSAI is authorised to take action on its own in the event such misleading advertisements coming to its notice, without waiting for any complaint to be received,” the bench comprising Justices Hima Kohli and Ahsanuddin Amanullah said.
The Court has made some strong observations regarding the customers’ rights and further commented on the responsibility of celebrities and influencers who endorse products in advertisements.
These directions should be treated as the law declared by the Supreme Court under Article 141 of the Constitution of India.
The Court further directed that the self-declaration shall be uploaded by the advertiser/advertising agency on the Broadcast Sewa Portal run under the aegis of the Union Ministry of Information and Broadcasting. As for the advertisements in the press/print media/internet, the ministry is directed to create a dedicated portal within four weeks from May 7.
In a world where dreams and aspirations become a driving force for advertisements, the new Supreme Court ruling is a much-needed one to keep influencers’ social accountability in check while ensuring that consumers get the best value for their purchases.
We are a voice to you; you have been a support to us. Together we build journalism that is independent, credible and fearless. You can further help us by making a donation. This will mean a lot for our ability to bring you news, perspectives and analysis from the ground so that we can make change together.
.png)
Comments are moderated and will be published only after the site moderator’s approval. Please use a genuine email ID and provide your name. Selected comments may also be used in the ‘Letters’ section of the Down To Earth print edition.