Srinagar- A few months back, a popular Kashmiri vlogger known for his daily life content came under scanner for endorsing Curative Surveys Pvt. Ltd. – a startup promising sky-high returns through its website.
Investors were enticed by the chance to double their money in an incredibly short timeframe. However, the situation took a shocking turn when it was revealed that the app had allegedly collected a staggering 59 crores from investors before vanishing without a trace.
Netizens were quick to point out that these influencers hadn’t disclosed the paid nature of their promotions. Flouting endorsement guidelines, they allegedly left investors in the dark about the commercial interest behind their positive reviews.
Social media in Kashmir is booming, and with it comes a growing influencer culture. But this newfound fame is raising concerns about transparency and consumer protection. A thorough exploration of the Kashmiri content feed on the internet reveals that the boundaries between genuine storytelling and commercial promotion have been blurred, leaving one to ponder the authenticity of the content and the influencer’s allegiance to transparency.
“A quick browse through Facebook, and you will find sponsored content lacking proper disclosure. Influencers are even seen selling products and even land and property without mentioning it’s an advertisement,” an IT professional wishing anonymity, said.
“One popular page, Kashmir Youth Power with over 800,000 followers is running ads about auto rickshaws, without a single mention that it is a paid promotion. Another vlogger promoting a product seemed unsure of what it even was. These are clear violations of India’s Consumer Protection Act guidelines, which require proper sponsorship disclosure,” he added.
Pertinently, the Department of Consumer Affairs in March last year released detailed guidelines for social media and virtual influencers as well as celebrities which are aimed at ensuring that such individuals do not mislead their audience while endorsing products or services.
The guidelines titled “Endorsements Know-hows” have also been prepared to ensure that endorsements undertaken by such individuals are in compliance with the Consumer Protection Act.
The guidelines state that endorsements must be made in simple, clear language, and terms such as “advertisement”, “sponsored”, “collaboration” or “paid promotion” are used clearly.
“For endorsements in a picture, disclosures should be superimposed over the image enough for viewers to notice. The guidelines also suggest that individuals must not endorse any product or service that they have not personally used or experienced or in which due diligence has not been done by them,” the guidelines noted.
The department has noted that there is confusion regarding which disclosure word should be used for what kind of partnership. Therefore, for paid or barter brand endorsement, disclosure words like “advertisement” “ad” “sponsored” “collaboration” or “partnership” should be used.
It has been specified that individuals or groups who have access to an audience and the power to affect their audiences’ purchasing decisions or opinions about a product, service, brand, or experience, because of the influencer’s or celebrity’s authority, knowledge, position, or relationship with their audience, must be disclosed.
They further stated that the disclosure must be placed in the endorsement message in a manner that is clear, prominent and extremely hard to miss. Disclosures should not be mixed with a group of hashtags or links
“In video endorsements or live streams, disclosures must be presented audibly and visibly, maintained prominently throughout the entirety of the stream,” the guidelines state.
However, social media in Kashmir reveals a stark contrast. Some blame a lack of awareness among influencers, particularly those with large followings but potentially little understanding of the rules.
“There seems to be a misconception in Kashmir that anyone with a social media presence is an influencer,” said Imad-Ur-Rehman, a prominent content creator. He suggests reputable brands tend to be more mindful of regulations.
Imad said that mostly reputable brands prioritize adherence to governmental regulations regarding endorsements, ensuring proper oversight. “The internet offers freedom for expression and content creation, but endorsing products necessitates adherence to norms and guidelines which cannot be expected from people who create cringe content,” he said.
“Monetization is definitely a part of the equation,” Imad explained. “Influencers can earn through ads displayed on their content, but sponsorships and endorsements are also important revenue streams.”
“We have to ask ourselves, why would someone dedicate their entire day to creating videos if they weren’t getting paid for it? Traditionally, earning money involved hard work or education. Social media offers a new path, a chance to build a decent living doing something you’re passionate about. It’s a new era for content creation.”
Shajina Shafi, advocate at J&K High Court said that any influencer endorsing a product is supposed to write the text in bold letters stating that the advertisement is sponsored or it is a paid promotion.
“If there is a contravention in the Consumer Protection Act, a central authority has been created to see these kinds of violations. If a complaint is lodged, they have the power to investigate, with a police team or a district collector. If they find the complaint genuine, they can initiate action according to different clauses, depending on the kind of impact the advertisement can have on the public. This can include requiring the advertiser to modify or remove it depending on the violations,” she told Kashmir Observer.
“If there is a contravention of the Consumer Protection Act, it can invite a penalty of ten lakh rupees. If there is a subsequent contravention, a penalty of up to Rs 50 lakh can be imposed,” she added.
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