Supreme Court warns celebrities and influencers of liability for misleading ads
- In Reports
- 11:57 AM, May 08, 2024
- Myind Staff
The Supreme Court ruled that celebrities and influencers share equal responsibility with advertisers for misleading advertisements. It mandated that all advertisers must provide assurances before releasing commercials or print ads, confirming that their content is not misleading.
The court, in response to a petition filed by the Indian Medical Association (IMA) challenging misleading advertisements endorsed by Yoga exponent and entrepreneur Ramdev for Patanjali Ayurved, made remarks during the hearing.
The bench, consisting of Justices Hima Kohli and Ahsanuddin Amanullah, stated, "Celebrities and public figures must act responsibly when endorsing consumer products as advertisers and endorsers share equal responsibility for disseminating misleading advertisements."
The judges stated, "We believe that advertisers, advertising agencies, and endorsers share equal responsibility for disseminating false and misleading advertisements."
The bench observed that endorsements by celebrities, influencers, and public figures significantly contribute to product promotion, emphasising the importance of acting responsibly when endorsing any product during advertisements and taking accountability for it.
The order highlighted that rules aim to serve consumers and ensure awareness of purchased products. The court stressed the need for central government ministries to establish a consumer complaint procedure.
Additional Solicitor General KM Nataraj presented reports from various ministries, demonstrating government vigilance in curbing misleading advertisements. He noted self-regulatory bodies for TV networks and oversight committees under recent amendments to Cable TV regulations, ensuring content monitoring and addressing complaints.
The bench asserted, "It is often stated that the consumer holds paramount importance. There needs to be accountability from a relevant agency." The court emphasised its perspective on the matter, focusing on consumer welfare. It expressed the expectation that existing systems should effectively function to address consumer concerns.
The court directed advertisers in print and electronic media to provide self-declarations to broadcasters, printers, or publishers. Additional Solicitor General KM Nataraj presented action taken reports by various ministries to demonstrate government vigilance against misleading commercials.
The court objected to a letter from the Ayush ministry halting Rule 170 of the Drugs and Cosmetic Rules, which prohibited advertising Ayush drugs for medical purposes. Nataraj agreed to withdraw the letter.
The bench highlighted the formation of the Central Consumer Protection Authority (CCPA) in June 2022 to address consumer complaints about misleading advertisements. It requested a comprehensive status report on actions taken regarding consumer complaints related to food and health products.
Additionally, the court reprimanded the Uttarakhand government for its failure to enforce the suspension of production of 14 Patanjali products. The matter was scheduled for May 14, with the court agreeing to address an application by Patanjali MD Balkrishna regarding an objectionable interview given by the IMA president on April 29 regarding the pending case.
Image source: ANI
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