What Do You Need to Know About the Legal Requirements of Influencer Marketing? | by Socio Influencer | Jun, 2023

Influencer marketing is an extremely popular tool for brands to reach their target audiences. However, some legal requirements come with it. In India, there are several legal requirements that brands and influencers must comply with. Let’s understand them below.

Firstly, the Indian government has introduced the Information Technology Intermediary Guidelines, 2011, which requires influencers to disclose any kind of promotional content they post. This includes stating that the content is sponsored or paid for in some way. Additionally, influencers must ensure that the content that they post is consistent with the brands’ terms and guidelines, and there is a clear disclaimer about the association.

Furthermore, the Advertising Standard Council of India (ASCI) has also issued guidelines for influencer marketing. These include a requirement for influencers to use the #ad hashtag when posting promotional content and to disclose any conflicts of interest. Additionally, the guidelines require influencers to be transparent about any gifts or rewards they have received from a brand and only to post content that is true and accurate.

Finally, brands must be aware of the Indian Contract Act of 1872, which requires both parties to enter into a contract before any influencer marketing activities can take place. The contract should include details of the agreement between the brand and influencer and should include clauses regarding how the influencer is to be compensated, as well as the brand’s right to remove any content if it is deemed inappropriate or offensive.

Both brands and influencers need to be aware of the legal requirements of influencer marketing in India. By doing so, they can ensure that their campaigns are compliant with the law and that their influencer marketing activities are carried out ethically.

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