ASCI Guidelines For Influencers

Decoding the ASCI Guidelines for Social Media Influencers in India

The rise of social media has given birth to a new breed of celebrities: influencers. These digital content creators wield immense power to sway public opinion and consumer behavior. However, with great power comes great responsibility. To ensure ethical and transparent advertising practices on social media, the Advertising Standards Council of India (ASCI) has introduced guidelines specifically for social media influencers.

Why These Guidelines Matter

In a world where consumers are bombarded with advertising messages, it's crucial to maintain transparency and protect consumers from misleading information and at the same time protect your brand image. In this Spirit, The government has introduced endorsement guidelines for social media influencers to curb unfair trade practices and misleading promotions. The Department of Consumer Affairs announced the guidelines, making it mandatory for influencers to disclose promotional content as per the Consumer Protection Act, 2019. Failure to comply may result in a fine of up to INR1 million (USD12,000), with increased penalties for repeated offences. The guidelines apply to social media influencers and virtual avatars promoting products and services, and these must be prominently displayed in post descriptions or within video content. Influencers must also disclose brand promotions during live streams. The language of the disclosures must match the content language. The department is in talks with tech companies to implement algorithms to detect violators, and is advising consumers to file complaints if they spot any violations.

Key Takeaways from the ASCI Guidelines

• Disclosure is Key: Influencers must clearly and conspicuously disclose any material connection with a brand or product they are promoting. This includes disclosing paid partnerships, sponsorships, free products, or any other form of compensation.

• Forms of Disclosure: The disclosure should be upfront and prominent, using clear and straightforward language. Acceptable forms of disclosure include:

  • #ad

  • #sponsored

  • #collaboration

  • "Paid partnership with [brand]"

  • "Thanks to [brand] for sending me this product"

• Placement of Disclosure: The disclosure should be easily noticeable, not hidden in a sea of hashtags or within the caption. It should be placed at the beginning of the post or in a prominent position within the content.

• Responsibility for Disclosure: Both the influencer and the brand are responsible for ensuring proper disclosure. Brands should educate influencers about the guidelines and ensure compliance.

• Due Diligence: Influencers must conduct due diligence on the products or services they promote. They should not make misleading or false claims.

• Filters and Edits: If using filters or editing tools that significantly alter the appearance of a product, influencers should disclose this to maintain transparency.

Guiding Influencers through the Legal Landscape

We understand the complexities of influencer marketing and the evolving legal landscape. We provide comprehensive legal guidance to social media influencers, helping them navigate the ASCI guidelines, protect their rights, and build sustainable and ethical careers.

Our Services for Influencers

• Contract Review and Negotiation: We review and negotiate influencer agreements, ensuring fair terms, clear deliverables, and proper compensation.

• Content Advisory: We provide guidance on content creation, ensuring compliance with advertising regulations and ethical practices.

• Dispute Resolution: We assist in resolving disputes with brands or other parties, protecting your interests and reputation.

• Brand Partnerships: We advise on brand collaborations, ensuring transparency, proper disclosures, and mutually beneficial partnerships.