The Supreme Court has taken a firm stance on the issue of misleading advertisements, asserting that celebrities and social media influencers will be held equally responsible if the commercials they feature in are found to be deceptive.
In the Patanjali Ayurved misleading advertisements case, the court also directed broadcasters to submit a self-declaration form before airing any advertisements, ensuring compliance with relevant regulations.
“The provisions are meant to serve the consumers and ensure that the consumer is made aware of the kind of product being purchased from the market, particularly in the health and food sectors,” the bench said.
During the hearing, Justices Hima Kohli and A Amanullah referred to the Guidelines for Prevention of Misleading Advertisements and emphasised that individuals endorsing products must possess adequate knowledge or experience with the product to ensure it is not misleading. The court underscored that these provisions aim to protect consumers, particularly in sectors like health and food.
“As a remedy, we deem it appropriate to direct that a self-declaration be obtained before an advertisement is permitted. Self-declaration is to be obtained for advertisement on the lines of 1994 Cable TV Network Rules, Advertising Code et cetera,” the bench, added.
Moreover, the bench stressed the need for ministries to establish procedures for consumers to lodge complaints effectively. Until then, broadcasters must obtain a self-declaration before airing advertisements to ensure compliance with rules and codes. This declaration can be uploaded on the Broadcast Sewa portal for TV broadcasters, with a similar portal to be set up for print media within four weeks.
The court’s directive aims to promote responsibility in advertising without creating unnecessary hurdles for advertisers.
“We don’t want a lot of red tape. We don’t want to make it difficult for advertisers to advertise. We only want to make sure there is responsibility,” the court said.