Influencers with 500K+ followers to be Called Celebrities, says advertising council

Mumbai(Maharashtra), 10/08/23: The Advertising Standards Council of India (ASCI) has updated the definition of celebrities in its code to include social media influencers with 500,000 or more followers.

According to the advertising authorities, popular actors and sports figures who might provide credibility to businesses and sway big audiences were formerly considered celebrities.

However, the recent advent of social media influencers has produced new foci of public influence. As a result, ASCI decided to widen its definition of celebrities to include such influencers.

Celebrities are now defined in the new ASCI code as those who either get pay of Rs 40 lakh per year (or its comparable value) for their appearances in ads across numerous media formats or have a social media following of 500,000 or more on a single social media platform.

The Consumer Protection Act of 2019 requires all endorsers, whether celebrity or not, to conduct due diligence. Nonetheless, ASCI notes that, because the disproportionately huge influence wielded by those with large follower counts, celebrities must take additional responsibility to guarantee that their followers are not mislead or tricked.

According to ASCI, there has been a significant increase in deceptive commercials using celebrities, with over 500 such instances occurring in 2022-23, compared to 55 in the previous year of 2021-22. This shows that, despite their legal obligations, some celebrities continue to appear in advertisements that contain misleading or deceptive statements.

According to Manisha Kapoor, CEO and Secretary General of ASCI, the concept of a celebrity has changed considerably with the introduction of social media and the growing impact of digital media influencers. Previously, only athletes and entertainers were considered celebrities.

However, the modern environment contains a number of personalities who have significant social media appeal and maintain a close personal contact with consumers.

These data have a tremendous impact on consumer buying patterns and foster trust. Kapoor emphasises the necessity of protecting consumer rights, particularly when celebrities support items or services that may result in financial loss or physical harm. The amended definition broadens ASCI’s scope to include all prominent individuals.

The ASCI code includes specific requirements for celebrities, including the requirement that they do due diligence to establish and verify statements made in ads. When asked, celebrities must produce proof of their due diligence. Advertisers must also have designed the advertisement in accordance with ASCI’s advertising guidelines.

Furthermore, the ASCI code states that celebrities should not appear in advertisements for products, treatments, or remedies that are not permitted to be advertised under the Drugs and Magic Remedies (Objectionable Advertisements) Act of 1954, as well as the revised Drugs and Cosmetic Act of 1940 and Rules of 1945 (Schedule J).