The Advertising Standards Council of India (ASCI) has updated the definition of celebrities in its code to include social media influencers that have a following of 500,000 or more on any single social media handle. It also includes individuals who get compensated Rs 40 lakh or an equivalent value for appearing in an advertisement or campaign across mediums and formats.
ASCI said in a statement that social media influencers have created new centres of mass influence in the past few years, which necessitated the advertising self-regulatory body to broaden the definition of celebrities to include influencers too.
The ASCI Code has a specific guideline for celebrities which requires advertisements featuring celebrities to not violate the ASCI Code, and for celebrities to be familiar with the code in letter and spirit. The Consumer Protection Act, 2019, puts the responsibility of due diligence on all endorsers, whether they are celebrities or not.
The guidelines mandate that celebrities conduct due diligence to ensure that claims featured in the advertisements can be objectively verified and substantiated. The guidelines further state that celebrities, when called upon, need to produce evidence of due diligence. The ASCI code also requires celebrities not to participate in the advertisement of a product, treatment or remedies that are prohibited for advertising under the Drugs & Magic Remedies (Objectionable Advertisements) Act, 1954; and the updated Drugs & Cosmetic Act, 1940, and Rules 1945 (Schedule J).
“Testimonials of celebrities must reflect their genuine, recent opinion and must be based on adequate information or experience about the product or service being advertised,” ASCI said in a statement.
ASCI adds that the disproportionate influence and impact of individuals with large followership, ASCI requires celebrities to demonstrate a much greater responsibility in making sure that their followers do not get deceived or misled.
This also comes on the back of an increase in misleading ads featuring celebrities. According to ASCI, it processed over 500 misleading ads featuring celebrities in 2022-23 as against just 55 in 2021-22.
“Earlier, only personalities from the world of sports or entertainment were considered celebrities. Today, however, the scenario is different. We have a range of personalities who are extremely popular on social media and share a close personal connection with consumers. These personalities affect the spending habits of consumers who trust them. So, it’s vital to ensure consumer protection — especially when celebrities endorse products or services that can cause serious financial loss and physical harm. This update widens ASCI’s ambit and includes all those personalities who have a notable influence as celebrities,” Manisha Kapoor, CEO and Secretary General, ASCI, said.
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