Influencer Advertising Regulation In India: A Comparative Assessment Of Disclosure, Enforcement, And Institutional Accountability
- IJLLR Journal
- 2 hours ago
- 2 min read
Komal Haokip Chaurasia, CHRIST (Deemed to be University)
ABSTRACT
The rapid expansion of influencer marketing has transformed digital advertising into a decentralized ecosystem in which commercial promotion is embedded within personal content, complicating traditional frameworks of liability, attribution, and consumer protection. Unlike conventional advertising models that clearly identify corporate advertisers as primary accountable actors, influencer marketing diffuses responsibility across influencers, brands, intermediaries, and digital platforms.
This paper conducts a doctrinal and comparative analysis of India’s regulatory framework governing influencer advertising, focusing on the hybrid model of self-regulation under the Advertising Standards Council of India (ASCI) and statutory enforcement under the Consumer Protection Act, 2019, through the Central Consumer Protection Authority (CCPA). ASCI’s Influencer Advertising Guidelines, 2021 require clear disclosure of material connections through labels such as “Ad” or “Sponsored,” while Section 21 of the Consumer Protection Act, 2019 empowers the CCPA to penalize misleading advertisements and hold endorsers liable where due diligence is not exercised. However, enforcement remains largely complaint-driven, and overlapping institutional jurisdiction weakens deterrence effectiveness.
By comparing the United States and the United Kingdom, the study argues that regulatory credibility depends not only on disclosure rules but also on consistent enforcement and clear institutional escalation. In the United States, influencer advertising is governed under Section 5 of the Federal Trade Commission Act, which prohibits deceptive practices and authorizes sanctions for nondisclosure of material connections. The Federal Trade Commission’s Endorsement Guides further specify disclosure obligations and require truthful representations in endorsements.
Similarly, the United Kingdom combines self-regulation through the CAP Code with statutory enforcement under the Consumer Protection from Unfair Trading Regulations 2008, which prohibits undisclosed paid promotions as unfair commercial practices.
By situating India within this comparative framework, the paper argues that institutional coordination, enforcement transparency, and substantive claim verification are essential to transforming India’s hybrid model from a procedurally progressive structure into an effectively deterrent regulatory regime.
Keywords: Influencer Regulation; Digital Advertising; Consumer Protection; ASCI; CCPA; Comparative Law; Disclosure Enforcement; Institutional Fragmentation.
