'EQUALLY LIABLE': SUPREME COURT'S BIG WARNING TO CELEBRITIES, INFLUENCERS ON MISLEADING ADS

New Delhi: The Supreme Court has said that celebrities and social media influencers cannot run away from responsibility for misleading advertisements and are equally liable if the commercial for the product or service featuring them is found to be deceptive. The verdict came on Tuesday during the hearing of the Patanjali Ayurved misleading advertisements case, where the Court took a firm stance on deceptive commercials.

The Bench, comprising Justices Hima Kohli and A Amanullah, referred to the Guidelines for Prevention of Misleading Advertisements and Endorsements for Misleading Advertisements, 2022, stressing the importance of ensuring consumers are well-informed, especially in sensitive sectors like health and food. Guideline 13 mandates endorsers to be knowledgeable about the product they promote and ensure it's not misleading.

"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.

Further, the Bench highlighted the need for effective complaint mechanisms to address consumer grievances. To enforce compliance, broadcasters are now required to file a self-declaration form before carrying any advertisements, stating that the commercial complies with the relevant regulations.

"As a remedy, we deem it appropriate to direct that a self-declaration be obtained before an advertisement is permitted. Self-declaration is to be obtained for advertisement on the lines of the 1994 Cable TV Network Rules, Advertising Code et cetera," the bench added.

Additionally, the Court issued a notice to the president of the Indian Medical Association, RV Asokan, for his remarks criticising the Court's stance during a recent interview. Asokan has until May 14 to respond, with the hearing set to resume on the matter.

2024-05-07T13:32:19Z dg43tfdfdgfd