In a landmark judgment, the Delhi High Court has recently ruled that social media influencers have the right to criticize consumer brands on digital platforms, provided their statements are backed by scientific evidence. The court's decision came in a case involving Sans Nutrition Private Limited, a company that manufactures whey protein products, and four influencers who published online reviews alleging discrepancies in the product's nutritional profile.
Court’s ruling
Justice Amit Bansal dismissed the company's plea for an interim injunction, stating that reasonable criticism, even if expressed through hyperbole or parody, is protected under the right to free speech of the Indian Constitution. This ruling sets a significant precedent for influencer marketing in India, highlighting the importance of evidence-based critiques.
The Indian Influencer Governing Council (IIGC) welcomes the High Court judgment as it refines its regulatory framework for influencer marketing but at the same time IIGC encourages an open conversation between the brands and influencers. Commenting on the subject, Sahil Chopra, Chairman, Indian Influencer Governing Council said, “At IIGC, we welcome the ruling by the High Court but we will still encourage a one-on-one dialogue between brands and influencers before they start criticizing the brands. This is where Indian Influencer Governing Council helps and supports the influencers, brands and consumers to encourage an open dialogue before going vocal on social media.”
IIGC's Code of Standards
The Indian Influencer Governing Council's (IIGC) newly launched Code of Standards for Influencers arrives at a time when brand-creator synergy and transparency is need of the hour. Section 6 of the Code gives emphasis to Defluence, encouraging responsible criticism that is evidence based and free from misinformation or personal bias. Furthermore, Section 6.4 of the Code encourages influencers to provide brands with the opportunity to clarify, address concerns, or offer solutions before escalating criticism. The Code clearly outlines the dos of influencer marketing, benefiting influencers, brands, and consumers alike.
Talking about ethical influence and transparency in content creation guidelines, Juhie Gorwara, Head of Brand & Communications, Digital at Philips says, “With large and often loyal followers, content creators wield significant power over public perception. A negative comment or review can quickly go viral, potentially causing reputational harm to brands—even before all facts are verified. Given their influence, content creators have a responsibility to ensure that their critiques are accurate, transparent, and ethical.”
IIGC’s measure to create open communication nurtures trust between influencers, brands, and consumers, promoting a more transparent and credible digital ecosystem. Sharing his thoughts on the subject, Varun Suri, CEO of Morpen says, “I feel influencers have a right to criticize a brand or a product but they should ask a specialist or the brand for clarification before making such content. It should not be a shot in the dark. In addition, if they are sure about what they are saying, they should not back out under any pressure. Brands are overhyping their products or giving substandard products many times and it needs stop ASAP.”
The recent HC ruling emphasized that granting a ban would curb influencers' rights and deprive the public of critical health-related information. We spoke to leading finance influencer Neha Nagar to know her stance on the subject. “It’s a good decision by Delhi HC. With this both creators and brands will grow. Still, the Creators need to be very careful. If you’re putting something out, you need to have your facts and proper research because the consumer is not a fool either. It is important to do in-depth research and analysis. Also, I genuinely believe that before taking any issues to social media, a creator should have a conversation with the brand first. Especially when it comes to financial products,” says Neha.
The Delhi High Court's latest decision marks a shift, allowing influencers to publish evidence-based reviews without fear of censorship. As the industry watches with bated breath, Indian Influencer Governing Council (IIGC) encourages influencers and brands to spark important constructive conversations and indulge in open dialogues.
For better understanding, Download Code of Standards for Influencers here.
For more, check out: https://iigc.org/