The right to criticise, in good faith
Good faith and transparency is a two-way street. Social media influencers must fully disclose their interest in assessing a product and their affiliations
The Delhi High Court has done well to uphold the right of social media influencers to criticise brands provided the criticism is based on facts and is scientifically valid. The court ruling that they can do this without the fear of being sued for defamation or copyright violations expands the domain of free speech.
In an ideal scenario, a good-faith compact is implicit between consumers and brands -- the latter will not misrepresent a product’s impact on the former, especially if it is health-related. Claims related to health effects must be factual and disclosure about potential adverse effects, including of specific ingredients, must be made transparently. But, as things exist, this compact is not always fully honoured. There are context-specific regulations -- such as ingredient and nutritional value labelling requirements for consumables -- and an advertising self-regulatory organisation, but these haven’t been effective in influencing brands to go beyond the minimum requirements in terms of claims and disclosures. In any case, the import of information in the labelling is often difficult for the average consumer to understand. This is the gap that, over the past few years, has been filled by social media influencers, some of whom have incurred costs in testing products against claims and giving the consumer a science-based, factual assessment. This assessment helps the consumer make a more conscious choice about a product.
However, good faith and transparency is a two-way street. Social media influencers must fully disclose their interest in assessing a product, their affiliations, and how they monetise their content. It is a cut-throat world, and a competing brand sponsoring an influencer, even if the latter’s assessment is fact-based, is not necessarily a fair act. Such associations or sponsorships need to be disclosed upfront. In a world where the digital space is increasingly getting weaponised, there are instances of strategic interests potentially underlying funding opportunities, too. Influencers, endorsing or criticising a brand, will have to be meticulous to avoid playing into the hands of vested interests.
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