Influencer Marketing Agencies and the Law: Navigating Compliance in the Digital Age.
- 17 hours ago
- 2 min read
This article is written by Preksha Pushpam Jain, pursuing B.COM LL.B. (Hons.) from Veer Narmad South Gujarat University.
The recent growth in the field of influencer marketing has changed the entire landscape of digital advertising as specialist agencies take care of the relationship between brands and influencers. In spite of their importance in the planning, monitoring, and implementation of the marketing campaign, the issue of legal responsibility of the influencer marketing agencies is still unclear under the current Indian regulatory regime.
The discussion related to the issue and the literature review focus on the responsibilities of the advertisers, influencers, and social media platforms rather than on the agency itself as an independent participant of the influencer marketing process.
This article takes an approach of doctrinal research and examines advertising, consumer protection, contractual, and intermediary liability law, with examples such as the ASCI Influencer Advertising Guidelines, the Consumer Protection Act of 2019, and the Information Technology Act of 2000. In addition, insights are considered from the foreign regulatory systems for comparative purposes. Firstly, the role of the influencer marketing agencies in the current regulatory vacuum and the lack of legal responsibility is highlighted. Secondly, the legal definitions currently used for the regulation of the industry are addressed.
The article analyses that there is a need for more clarity in regulation and suggests certain legislative changes, as well as industry-specific measures, to enhance consumer protection in the market.
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