A detailed and latest guide to ASCI guidelines for influencers and creators in India. Learn disclosure rules, legal risks, penalties, and compliance tips.
In the era of digital influence, where reels trend faster than news, transparency and credibility have become vital. The Advertising Standards Council of India (ASCI), recognizing the growing clout of influencers, introduced comprehensive guidelines to bring accountability in digital promotions.
Whether you’re an influencer, content creator, marketer, or brand, understanding the ASCI guidelines for influencers in India is no longer optional – it’s a legal and ethical necessity.
Let’s understand what these guidelines entail and how to ensure your content stays compliant.
What Is ASCI?
The Advertising Standards Council of India (ASCI) is a self-regulatory voluntary organization that monitors the advertising industry in India. While it doesn’t have statutory authority, its guidelines are recognized by the Department of Consumer Affairs and courts, making them highly relevant for anyone involved in digital promotions.
📋 Who Is Covered Under ASCI’s Influencer Guidelines?
The ASCI influencer guidelines apply to:
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Social Media Influencers and Content Creators with significant follower bases.
- Celebrities or Public Figures promoting products/services online.
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Brands collaborating with Influencers and Content Creators
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Bloggers and vloggers
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Affiliate marketers
- Agencies and platforms acting as intermediaries
Platforms covered include Instagram, YouTube, Facebook, Snapchat, Twitter (X), LinkedIn, and even emerging spaces like Threads and Pinterest.
Key ASCI Guidelines for Influencers & Creators
1. Mandatory Disclosure of Paid Partnerships
If you’re receiving monetary compensation, free gifts, discounts, or barter arrangements, you must clearly disclose the collaboration.
Accepted Disclosure Labels:
Use any of the following hashtags at the beginning of the post/caption:
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#Ad
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#Sponsored
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#PaidPartnership
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#Collaboration
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#Gifted (only for non-paid barter)
These hashtags must be prominently placed, ideally within the first two lines, and not buried in a sea of hashtags.
⚠️ Using vague tags like #sp or #spon is not acceptable.
🔒 Legal Insight: Failure to disclose can be treated as a deceptive practice under Section 2(28) of the Consumer Protection Act, 2019.
2. Placement and Visibility of Disclosures
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On text posts: Disclosure must be in the first two lines.
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On videos: Display disclosure as an on-screen text for at least 3 seconds.
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On live streams: Disclose at the beginning and end, and after any breaks.
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In audio content: Must be announced clearly at the start.
📱 Legal Tip: Use the disclosure hashtag consistently across all platforms for brand trust and searchability.
3. No Misleading Claims
Creators must avoid:
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Making unverified claims (e.g., “best in the world” without evidence)
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Falsely impersonating experts
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Faking reviews or testimonials
Under Rule 4 of the Guidelines for Prevention of Misleading Advertisements, 2022, influencers may face legal action for promoting harmful or deceptive products.
4. Due Diligence Is Mandatory
Before endorsing a product or service:
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Test it personally (if possible)
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Verify the claims made by the brand
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Retain proof of such verification
Influencers must verify the authenticity of claims made by the brand. For example:
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A skincare influencer endorsing a cream as “100% pimple cure” must ask for clinical evidence.
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Misleading endorsements can lead to liability under the Consumer Protection Act, 2019.
✅ This is legally mandated by the CCPA Endorsement Guidelines (2022), especially when monetary consideration is involved.
5. Virtual Influencers Are Also Covered
Digital avatars and CGI influencers must comply with the same disclosure norms.
6. Children as Influencers
Special care must be taken when involving minors, including additional disclosures and parental consent. Content targeting children must not mislead or promote harmful products.
⚖️ Legal Backing: Not Just ASCI
While ASCI is a self-regulatory body, these guidelines align with:
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Consumer Protection (E-Commerce) Rules, 2020
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Consumer Protection Act, 2019
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Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021
🔄 What Happens If You Violate ASCI Guidelines?
Though ASCI can’t impose fines, non-compliance has serious repercussions:
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Public censure on ASCI’s website
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Take-down requests to platforms
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Potential lawsuits under consumer protection laws
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Loss of brand deals and influencer credibility
⚖️ Real-world example: In 2022, several influencers promoting financial products were issued notices for not complying with ASCI rules and misleading consumers.
✅ Best Practices for Influencers in India (2025)
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Always disclose promotional content—when in doubt, disclose.
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Keep disclosures clear, legible, and platform-appropriate.
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Ask for product substantiation from brands.
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Avoid exaggerated or unverified claims.
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Use ASCI’s Do’s and Don’ts Toolkit for self-checks.
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Stay updated with new notifications from ASCI or the Ministry of Consumer Affairs.
💬 ASCI Complaint and Redressal Process
ASCI allows consumers to file complaints against misleading influencer ads. Influencers and brands have 7 days to respond once a complaint is registered.
Anyone (consumer, competitor, or regulator) can file a complaint with ASCI via:
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WhatsApp or email with screenshots/evidence
ASCI typically responds within 5–10 working days, and if the complaint is upheld, a correction or takedown is recommended.
Frequently Asked Questions (FAQs)
Q1. Are ASCI guidelines legally binding?
Not directly, but they are recognized by Indian courts and regulators. Violating them can still result in legal action under consumer protection laws.
Q2. Is tagging #ad in a comment sufficient?
No. Disclosures must be part of the main content, not comments.
Q3. What if I receive a free product but no payment?
You must still disclose if there’s a material connection, even without payment.
Q4. Do affiliate links need disclosure?
Yes, if you earn a commission or benefit from them, disclosure is mandatory.
Q5. What is the penalty for not following ASCI guidelines?
While ASCI itself cannot fine you, the CCPA can initiate legal proceedings and impose penalties up to ₹10 lakhs for misleading endorsements.
📝 Concluding: Influence Responsibly
For Indian influencers and content creators, the ASCI guidelines are a legal and ethical necessity. In an era where digital content influences consumer behavior, transparency builds trust, and protects you from regulatory heat. Whether you’re a nano-influencer or a celebrity brand ambassador, understanding and following these guidelines is essential to sustain your credibility, avoid penalties, and foster authentic audience engagement.
As legal scrutiny increases, it’s essential for influencers and brands to seek legal counsel or media compliance experts when in doubt. The line between creative expression and deceptive advertising is thin, and it’s best not to cross it.
📞 Have Questions or Need Help?
Lawfluencers can be contacted at hello@lawfluencers.com!
This content is for general informational purposes only and does not constitute legal advice.