Misleading Social Media Endorsements And The Right To Information: A Constitutional Analysis Under Article 19(1)(A) (India) Vs. U.S. Free Speech Doctrine
- IJLLR Journal
- Apr 1
- 2 min read
Pratima Verma, LL.M. (Constitutional Law), Amity Law School, Lucknow
Dr. Tapan Kumar Chandola, Professor, Amity Law School, Lucknow
ABSTRACT
The rapid expansion of social media platforms has significantly transformed the nature of communication, marketing, and public influence in the contemporary digital environment. Influencers, celebrities, and content creators frequently promote products and services through social media platforms, often presenting such promotions as personal opinions or lifestyle recommendations. While influencer marketing has become a powerful tool for digital advertising, it has also raised serious concerns regarding transparency, consumer protection, and the dissemination of misleading information. In many situations, users may find it difficult to distinguish between genuine personal recommendations and paid promotional endorsements, thereby increasing the risk of deceptive advertising practices.
Within the Indian constitutional framework, the issue of misleading endorsements raises important questions regarding the Right to Freedom of Speech and Expression under Article 19(1)(a) of the Constitution of India. The Supreme Court of India has interpreted this right broadly to include not only the right to express information but also the right of citizens to receive information, which is essential for meaningful participation in a democratic society. Misleading advertisements and undisclosed endorsements on social media may therefore undermine the public’s right to accurate information by influencing consumer behaviour through incomplete or deceptive disclosures.
In contrast, the United States constitutional framework approaches this issue through the First Amendment, which strongly protects freedom of speech, including certain forms of commercial speech. However, U.S. jurisprudence recognises that misleading or deceptive commercial speech may be subject to regulation in order to protect consumer interests and maintain fair market practices.4 Regulatory authorities such as the Federal Trade Commission (FTC) have introduced endorsement guidelines requiring influencers to clearly disclose material connections with brands in order to prevent
deceptive advertising practices in digital media.
This research paper undertakes a comparative constitutional analysis of misleading social media endorsements in India and the United States. The study examines how the right to receive information under Article 19(1)(a) and the commercial speech doctrine under the First Amendment address the tension between freedom of expression and consumer protection. Through this comparative examination, the paper seeks to evaluate whether misleading digital endorsements undermine constitutional values and whether regulatory interventions can be justified as reasonable limitations on freedom of speech in the digital age.
Keywords: Social Media Endorsements; Freedom of Speech and Expression; Article 19(1)(a); First Amendment; Misleading Advertising; Right to Information; Digital Influencers; Consumer Protection.
