From Influencers To Harm: The Role Of Social Media Influencers In Spreading Misinformation And Its Criminal Consequences
Manvi Singh Parihar, Ishwar Sharan Degree College
Astha Pushp, Ishwar Sharan Degree College
ABSTRACT
The rapid growth of social media has transformed the way information is created, shared, and consumed. Social media influencers have emerged as powerful digital figures capable of shaping public opinion, consumer behaviour, and societal perceptions. While influencers play an important role in spreading awareness and promoting products and ideas, the dissemination of false or misleading information through their platforms has become a matter of serious concern. Such misinformation can result in significant harm, including health risks, financial losses, public panic, and erosion of public trust in institutions.
This research paper examines the role of social media influencers in spreading misinformation and analyses whether they can be held criminally liable when such misinformation causes harm to individuals or society. The paper explores the different forms of misinformation, the factors contributing to its spread, and its social and legal consequences. It further analyses the existing legal framework in India, including the Bharatiya Nyaya Sanhita, 2023, the Information Technology Act, 2000, the Consumer Protection Act, 2019, and the constitutional guarantee of freedom of speech and expression under Article 19(1)(a), along with the reasonable restrictions imposed under Article 19(2). Relevant judicial pronouncements have also been examined to understand the scope of legal accountability for influencers.
The study adopts both doctrinal and empirical research methods. The doctrinal analysis is based on statutes, case laws, books, journal articles, and government reports, while the empirical component consists of questionnaire responses collected from law students to assess public awareness and perceptions regarding influencer accountability. The paper concludes that although social media influencers enjoy the fundamental right to freedom of speech and expression, this right carries corresponding responsibilities. Effective enforcement of existing laws, greater transparency, responsible content creation, and enhanced digital awareness are essential to curb the spread of misinformation and ensure accountability in the digital ecosystem.
Keywords: Social Media Influencers, Misinformation, Criminal Liability, Freedom of Speech, Digital Platforms, Consumer Protection, Bharatiya Nyaya Sanhita, Accountability.
