In order to prevent false advertising and misleading
advertising in social media, the government will soon introduce a new legal
framework for those who act aggressively. According to the report, the actors
must be bold and demonstrate the financial value, if any, for promoting
products, brands and services. If they are found sharing misleading information
or false reviews, they will have to pay a fine for the violation, which can be
up to ₹ 10 lakh for the first offense and extend up to ₹ 50 lakh for repeats.
Although many practitioners think that this will lead to an ineffective
partnership, others have a different opinion.
Digital designer Udita Mangla believes that this is a good
move as it will help promote a trusting community. He says: “It is our moral
duty to provide a way to tell the public directly or indirectly that content is
advertising when we use campaigns to promote business and brands. Sending this
brand a paid affiliate request and including hashtags like #ad in the comment
are two ways to do this.
Echoing similar sentiments, digital creator Pankti Mehta
says, "Penalty will encourage creators to choose their campaigns carefully
before promoting anything. But if the penalty is not high, everyone has ability
to find a way and continue their things.
Some fear, however,
that the law will have an unfair effect on those who influence less, or those
who have 1,000 to 1 lakh followers. Digital creator Isha Rathod points out,
"Now it's combined influencers of all sizes – whether micro or macro –
under one umbrella." Since those with fewer subscribers earn considerably
less, imposing the same heavy fine on them might not be fair.
While she hopes this
will be resolved, Rathod backs the idea behind the law: “Our supporters have
given us the platform to get where we are, and being unethical is not okay. The
strict requirements will require practitioners to evaluate each company
properly. The penalty is based on a reasonable percentage, depending on the
level of advertising and the amount invested.
Many believe that
since creators and producers are involved in such collaboration, the blame
should not be based only on the former. Mangla says that often, to increase
sales, marketers ask for paid partnerships but don't want the creator to tell
the public that it's advertising. In such cases, it will be important that the
law "answers both questions". He says, “The money should be invested
in both. Through this, the law can also help to create a sense of
responsibility between species.