New Delhi: The Supreme Court held on Tuesday that celebrities and social media influencers are equally liable if advertisements for a particular product or service featuring them are proven deceptive, NDTV reported.
The top court ordered that the broadcasters must file a self-declaration form stating that the commercials comply with relevant rules before carrying any advertisements. The court was hearing the case against Patanjali Ayurved for misleading advertisements.
The court bench of Justices Hima Kohli and A Amanullah noted that as per the Guideline 13 of the Guidelines for Prevention of Misleading Advertisements and Endorsements for Misleading Advertisements, 2022, a person must have enough information and experience with the product or service before they endorse them.
The court said that the provisions of the Guidelines are meant to serve the consumers and ensure that the consumer is made aware of the kind of product being purchased from the market, particularly those in the health and food sectors. It said that ministries must set up procedures to encourage consumers to lodge complaints and ensure they reach their logical conclusions.
TV broadcasters must file a self-declaration form before carrying out any advertisements, and it must be obtained for advertisements on the lines of the 1994 Cable TV Network Rules and Advertising Code, etc. The self-declaration must comply with the relevant rules and codes, the court mandated.
"We don't want a lot of red tape. We don't want to make it difficult for advertisers to advertise. We only want to make sure there is a responsibility," NDTV quoted the court.