The Delhi High Court has ordered the Removal of influencers’ misleading videos, highlighting the legal responsibilities of influencers in promoting health products.
In the evolving landscape of social media, influencers and celebrities are wielding immense power over public opinion. However, with great influence comes even greater responsibility. This was made clear by recent court rulings, notably the Delhi High Court’s judgment in Zydus Wellness v. Prashant Desai and a crucial Supreme Court hearing on misleading advertisements in Indian Medical Association & Anr. v. Union of India & Ors. Both cases emphasize that influencers, celebrities, and public figures must act cautiously when endorsing products, especially in sensitive sectors like health and nutrition.
Case Overview: Zydus Wellness vs Prashant Desai
The Delhi High Court’s ruling in Zydus Wellness v. Prashant Desai has set a significant legal precedent by reinforcing the accountability of social media influencers. The court restrained Prashant Desai, a prominent influencer, from making misleading statements about Zydus’s popular health drink, Complan, and highlighted the importance of authenticity and credibility in influencer content.
The court ruled that Desai, lacking the necessary medical qualifications, made baseless claims that not only damaged the brand’s reputation but also potentially misled consumers. The judgment underscored the responsibility influencers carry, especially when their statements concern public health.
Decision of the Court – Removal of Influencers’ Misleading Video
Ultimately, the court issued an ad-interim injunction directing Desai to remove the impugned content and refrain from making similar posts in the future.
Key Takeaways from the Judgment:
- Influencer Responsibility: Social media influencers must not overstep their boundaries by making unverified claims, particularly in health-related sectors.
- Legal Consequences of Misrepresentation: Influencers can face legal consequences for making false or disparaging claims, as evidenced in this case.
- Credentials Matter: According to ASCI guidelines, influencers making health-related statements should have proper qualifications, such as a medical degree or certification as a nutritionist or dietician. The defendant, lacking these credentials, undermined the credibility of his statements.
- Disparagement Test: The court applied the trinity test for disparagement, from Pepsi Co. Inc. v. Hindustan Coca Cola Ltd., which checks for falsehood, malice, and special damage to the plaintiff.
- Freedom of Speech vs. Public Harm: While freedom of speech is protected, influencers cannot misuse this right to spread misinformation, especially about regulated products.
Influencers Under Scrutiny: Supreme Court’s Warning
In addition to the Delhi High Court’s ruling, the Supreme Court of India also delivered a strong message regarding influencer accountability in the case of Indian Medical Association & Anr. v. Union of India & Ors. On May 7, 2024, a bench comprising Justices Hima Kohli and Ahsanuddin Amanullah criticized influencers, celebrities, and public figures for endorsing products without fully understanding the consequences of their actions.
The Supreme Court ruled that public figures, including influencers, should be equally accountable for endorsing misleading products or services. The Court emphasized that consumer protection should take precedence over endorsements, and issued a set of directives aimed at curbing the proliferation of false advertising.
Key Directives Issued by the Supreme Court:
- Self-Declaration by Broadcasters: Media outlets, including broadcasters and print media, are now required to submit a self-declaration before airing or printing any advertisements, ensuring compliance with the Cable Television Network Rules, 1994, and the Advertising Code.
- Consumer Complaint Mechanism: Ministries have been instructed to create a streamlined procedure for consumers to file complaints against misleading advertisements, ensuring swift action.
- Affidavit from Ministry of Consumer Affairs: The Ministry was directed to file an affidavit detailing the actions taken by the Central Consumer Protection Authority (CCPA) on false or misleading advertisements, especially in the food and health sectors.
What These Rulings Mean for Influencers and Brands
Both the Delhi High Court and Supreme Court rulings highlight a new era of accountability for influencers and public figures. Gone are the days when influencers could promote products without any legal repercussions. Now, they are expected to base their endorsements on facts and expertise, particularly when it comes to health products.
For brands, these rulings serve as a warning to ensure that their marketing practices align with the law, especially in regulated industries like food and health. Brands must also be cautious when collaborating with influencers, ensuring that endorsements are fact-checked and in compliance with legal guidelines.
Conclusion: The Future of Influencer Marketing
These rulings are a wake-up call for the influencer community. With increasing scrutiny from courts, influencers must adopt a more responsible approach to their content, particularly when dealing with sensitive subjects like health and nutrition. Failure to do so may lead to legal action, as seen in the Zydus Wellness case.
Brands, on the other hand, must work closely with influencers to ensure that their promotions are credible, fact-based, and comply with advertising regulations. As influencer marketing continues to grow, both influencers and brands must adapt to this new era of heightened accountability.
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