Consumer advocacy groups and legal experts are calling for clear guidelines regarding the use of logos of government departments by influencers and private companies.
They recommend that the government make it compulsory for influencers and companies to include a disclaimer stating the nature of their association with the government whenever they use the logo of any ministry in their advertisements or events etc.
The comments from the consumer groups come after an advertisement featuring YouTuber CA Rachna Ranade, talking about trusted finfluencers (financial influencers), sparked a debate as it had the logos of the Ministry of Electronics and Information Technology (MeitY) and G20.
The advertisement depicted as if the government was endorsing the finfluencer and involved in the promotion of such advertisement.
Interviews of some ministers in podcasts of YouTuber Ranveer Allahbadia recently and the use of words such as “co-presented to you by MyGov” also sparked a debate that the government is using this as a way to promote itself.
Before using the logo of any government department, the companies are expected to take permission from that respective department. Upon analysing the proposal, the government gives a go ahead, an official said, adding that these are mostly barter exchanges and does not involve money.
“While disclaimers in such advertisements are necessary, these are not sufficient. The government also needs to make users aware as well as to how they should pursue any advertisement,” said Amol Kulkarni, director of research at CUTS (Consumer Unity & Trust Society) International.
According to Kulkarni, the government can work with civil society wherein it can red flag any events or ads where a government logo is used and that in a way could mislead users.
Tanu Banerjee, partner at Khaitan & Co, said, “There are several guidelines by different ministries on the use of government-owned logos. The government could consider issuing a standard set of guidelines for all government-owned logos.”
According to Banerjee, the responsibility of placing a disclaimer should be on the advertiser / influencer – to disclaim that the use of a ministry’s logo does not mean that their content or services are endorsed by the government ministry.
The use and misuse of government logos is not a new thing. It was there at the time of demonetisation as well when some companies such as Paytm promoted themselves by using Digital India in their advertisements and using the image of Prime Minister Narendra Modi, experts pointed out.
“The government needs to be transparent about its engagement with influencers and other companies. There needs to be a full description of the engagement and not a single line,” said Rahul Sharma, founder of The Perspective, a cyber policy and advisory firm.
On the use of a government logo, Sharma said imposing a tight regulation won’t help as it is also about public-private partnership which is important.
Amrita Choudhury, director of Cyber Cafe Association of India (CCAOI), said, “Using influencers is good for the government to promote its initiatives. However, full terms including the monetary transacticons if any should be disclosed. Disclosure is necessary as people do not doubt credibility of any news or advertisement if government’s name is associated with it.”
Adarsh Sharma, managing director of Primus Partners said, “By including disclaimers, ministries demonstrate accountability, differentiate personal opinions from official positions and uphold their integrity in influencer collaborations.”
According to Vikram Jeet Singh, partner at BTG Legal, “A broad code for disclosure will be helpful. Last year, Indian consumer laws were also updated to include influencers, who have to abide by ‘truth in advertising’ codes. A similar code for conducting interviews can also be in place.”
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