In a move to prevent false advertising and misleading promotions on social media, a new set of guidelines for influencers will be rolled out soon by the government. As per reports, influencers will now have to put disclaimers and disclose monetary benefits, if any, for promoting products, brands and services. If found sharing misleading information or fake reviews, they will be liable to pay penalty for the violation, which can be up to ₹10 lakh for a first offence and extend up to ₹50 lakh for repeat offences. While many influencers believe this will lead to transparent collaborations, others have mixed opinions.

Digital creator Udita Mangla feels this is a good initiative as it will help foster a trusted community. She says, “It is our moral obligation to offer a mechanism to either directly or indirectly inform the audience that the content is an advertisement when we use campaigns to promote businesses and brands. Sending the brand a paid partnership request and including hashtags like #ad in the caption are two ways to accomplish this.”

Echoing similar thoughts, digital creator Pankti Mehta says, “Penalty charges will make the creators choose campaigns wisely before promoting anything. And if the penalty is not high, anyone could find a way out and keep continuing their thing.”

Some are, however, concerned that the legislation may have a disproportionate impact on micro influencers, or those with 1,000 to one lakh followers. Digital creator Isha Rathod points this out: “Now this has combined influencers of all sizes — whether micro or macro — under one umbrella.” Since those with fewer followers earn considerably lesser, imposing the same hefty fine on them might not be fair. While she hopes for this to be addressed, Rathod supports the idea behind the law: “Our supporters have given us the platform to reach where we are, and being unethical is not acceptable. The rigorous requirements will compel influencers to thoroughly research each and every company. A percentage-based penalty is reasonable, depending on the campaign size and money involved.”

Many also believe that since creators and brands are both involved in such collaborations, the responsibility shouldn’t lie on the former alone. Mangla informs that often, in order to boost sales, marketers request paid partnerships but don’t want the creator to tell the public that it is an ad. In such cases, it becomes essential for the legislation to “hold both accountable”. She says, “The fee should be imposed on both the parties. Through this, the legislation can aid in creating a sense of responsibility among the brands as well.”