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Endorsement know-how – Guidelines 2023

Does it ever happen to you that you bought something after watching your favourite actress using that particular item in that advertisement but it was total crap and you regretted it? You must know that you are not the only one and many people regretted doing the same. It’s the tactics used by brands to lure customers to buy their products. This is a grave injustice done to the customers who buy goods due to misleading information.

To protect the rights of consumers, the Ministry of Consumer Affairs issued ‘endorsements know-how’ guidelines for celebrities, influencers and virtual influencers on social media platforms. This guideline has been aimed to curb misleading advertisements and protect the interests of consumers. It has been made mandatory for all social media influencers to disclose all the material facts while endorsing any products, schemes or services. It includes any individual/group who has access to a large audience and has the power to affect their purchasing decision because of the trust gained from their followers based on their knowledge, position and relationship with the audience.

When to disclose?

Whenever there is a material connection between the advertiser and a celebrity including but not limited to monetary compensation, discounts, gifts or free products, trips or hotel stays or any kind of coverage or an award or if there’s any family, personal or employment relationship between them.

How to disclose?

Disclosures must be made in a way that is clear and hard to miss and doesn’t get lost between the hashtags and the links. On social media platforms with limited space, a 2-3 words explanation is also acceptable. ‘Advertisements’, ‘ad’, and ‘sponsored’ terms are also acceptable as far as it is clear and understandable. It should be laid over the endorsement picture enough to get noticed. The language of the advertisement and the disclosure should be the same. In a video advertisement, it must be made in audio as well as video apart from the description. In a live stream, it must be displayed continuously for viewers joining at any time. Apart from these, a separate disclosure can also be made for a better explanation.

Responsibilities of celebrities/influencers

To avoid any legal complexities, celebrities/influencers must do the due diligence before closing up the deal. They must first review the products and services to confirm and satisfy themselves about the truthfulness of the claims being made by the advertising brands.


Violation of any provisions of the guidelines can lead to a heavy penalty that will definitely be more than what they can make out of the advertisements. The Central Consumer Protection Authority (CCPA) can impose a penalty of up to Rs 10 lakhs on manufacturers, advertisers and endorsers. For subsequent offences, a penalty of up to Rs 50 lakhs can also be imposed. The CCPA can also prohibit the endorser of a misleading ad from making any endorsement for up to 1 year which can get extended for subsequent contravention up to 3 years as well.

We hope these guidelines will lessen the number of misleading advertisements and we can make purchasing decisions more fairly.

What are your opinions? Let us know in the comment below.


Social Media Abuse and Criminal Law

Social Media is not a trend but a habit now. It has become a requirement for individuals and organisations. With the increase in the use of social media, there are regular instances of its abuse in various forms. This has triggered a new discussion to regulate social media abuse. But the question remains whether the criminal law in India is well-equipped to deal with a new set of offences.

Watch LawWiser video on Social Media Abuse and Criminal Law where our host Sania Husaini in conversation with Vivek Sood Senior Advocate and Megha Babar, Legal Counsel, Syngenta, discuss various aspects of this issue.

Watch them explain :

– Various types of social media abuse

– Need to define Social Media Abuse

– How are companies dealing with instances of social media abuse and what actions are they taking to protect against such abuse?

– Need for maintaining checks and balances by policymakers while defining social media abuse?

Tune in now to watch all this and much more in detail.


Digital Piracy & Dilemma Around the Copyright Act

As per a report by Digital TV Research, the loss of revenue for OTT players on account of piracy in India is expected to hit USD 3.08 billion by 2022, while the cost of global online streaming piracy will reach USD 52 billion by 2022.

Watch this interesting video where team LawWiser takes you through the legal aspects that revolve around #DigitalPiracy and dilemma around the #CopyrightAct.

In this video we discuss –

– What is digital piracy?

– Laws covering digital content owners

– Consumer views on digital piracy

We also talk about a recent cases where, a film starring one of the biggest Bollywood actor faced the consequences of digital piracy and how in another film URI-the surgical strike, the actors and makers came with an innovative method to tackle digital piracy.

Find about many more surprising facts in the video! #watchnow

Zee Media Settlement With Related Party Passes Despite Institutional Veto | #QuickUpdates | LawWiser

Zee Media Settlement With Related Party Passes Despite Institutional Veto

Tune into the latest video where #LawWiser takes you through the update “Zee Media Settlement With Related Party Passes Despite Institutional Veto”. And answer the interesting question that we have shared related to the update.

In this video, Prabhjot Singh shares the update on the resolution to approve Zee Media Corp.’s settlement with Diligent Media Corp., which involved writing off nearly Rs 127 crore from the Zee media company, passed despite opposition from institutional investors.

Zee media said Diligent Media’s total liability towards itself stood at around Rs 309.3 crore in a postal ballot notice. In the end, Prabhjot has also shared an exciting question related to the update. Watch the full video and answer the question in the comment section below.


Music Industry & Copyright Law in India | #QuickBytes

Do you remember some of your favorite iconic songs being recreated now and witness them in the form of the latest trends and remixes? But have you ever wondered whether this is a violation of copyright law or not?

Watch our latest video on ‘Music Industry and Copyright Law in India’ where Avani Shukla from LawWiser talks about the role of copyright in musical works with relevant sections, its ownership, and the registration process involved.

She further explains protection provided to owners in the recreation of songs and the duration of copyright in musical work.

Visit LawWiser.com for more legal videos.


In A Minute – WhatsApp Challenge to New Intermediaries Rule 2021

There is lot of buzz around #WhatsApp challenge before Delhi High Court against certain rules of The Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021.

Watch now and understand it all in the #LawWiser IN A MINUTE powered by Phoenix Legal with their Partner Pranav Srivastava. He shares quick highlights of the case basis which the challenge to the new rules has been made. To get featured in more such conversations, write us on editorial@lawwiser.com


Seeking Protection Against Media Trials – In Conversation

A civil suit was filed before Delhi High Court by four Bollywood industry associations and 34 leading production houses, seeking directions against prominent news channels as well as social media platforms to refrain from making or publishing irresponsible, derogatory, and defamatory remarks against the Bollywood film industry.

LawWiser with Tanu Banerjee, Partner, Induslaw and Hormuz Mehta, Partner, J. Sagar Associates, discuss how media trial can affect any industry and ‘Seeking Protection Against Media Trials’

In this video, the experts share insights on –

How this civil suit by Bollywood Producers acts as an example of negative reporting and media trials?

When is the right time to take legal action against such negative reporting?

How do we see negative reporting or media trials impacting other industries?

To get featured in more such conversations, write us on editorial@lawwiser.com


Fake News and its Regulations

Fake News is the matter of concern since the ancient times, but now it is important to discuss how it is regulated.

LawWiser brings you a #Conversation with Sachin Kalra, Deputy General Counsel – HT Media Ltd.

In our One-on-One Series

The conversation will help you to understand about Fake News and Its Regulations.

To get featured in more such conversations, write us on editorial@lawwiser.com

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