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Brands vs influencers ruling goes beyond free speech

May 05, 2025 09:20 PM IST

That a high court would balance reputational harm, economic interest, and speech freedoms shows an admirable constitutional sensibility

The Delhi High Court’s ruling in San Nutrition vs. Arpit Mangal is a welcome jurisprudential shift in the legal interpretation of free speech, consumer protection, and corporate accountability. In affirming that criticism rooted in scientific evidence does not amount to defamation — even when it names brands — the Court has not only protected an individual’s right to free speech but also clarified that in the age of information saturation, evidence-based critique is a constitutional necessity, not a reputational threat.

For far too long, corporations have used the spectre of defamation, disparagement, and trademark infringement to intimidate critics and sidestep public scrutiny (AFP) PREMIUM
For far too long, corporations have used the spectre of defamation, disparagement, and trademark infringement to intimidate critics and sidestep public scrutiny (AFP)

For far too long, corporations have used the spectre of defamation, disparagement, and trademark infringement to intimidate critics and sidestep public scrutiny. By drawing a clear boundary between good-faith critique and malice, the court has laid down an early contour of defamation jurisprudence concerning the digital medium.

The recognition that satire, hyperbole, and exaggeration — if anchored in truth, especially with data-backed evidence — constitute protected speech is a doctrinal advancement that aligns Indian law more closely with global standards. The implications go beyond this single case. The judgment demands that we reconceptualise defamation in the context of digital virality. Traditional defamation law was forged in an era where speech was slow-moving, intermediated, and ephemeral. Today, a single video can reach millions within hours and remain perpetually accessible. The legal system must now grapple not just with the content of speech, but its amplification, persistence, and algorithmic life cycle.

For the influencer ecosystem, the judgment is simultaneously liberating and sobering. It protects those who act with diligence. But influencers who peddle innuendo without evidence, or who fail to disclose financial entanglements, will find little comfort in this judgment. When an individual conducts independent testing, commissions third-party lab analyses, and provides disclaimers to the public, they cross into the domain of citizen accountability. Such speech deserves judicial protection.

Equally, this ruling is a rebuke to corporations seeking to use the courts as instruments of suppression rather than introspection. The accountability for a label lies with the brand, not its supply chain. This judgment implicitly signals that the era of shifting blame downward is over.

Consumers deserve more than opaque and buried disclaimers — they deserve clarity, and, when necessary, time-bound redress. The judgment does more than reaffirm their right to know — it formally enshrines their role in shaping market standards. In a hyperconnected economy, the power of the consumer lies not only in purchase choices but in collective scrutiny, public validation, and the courage to question marketed claims.

This case illustrates that in the absence of swift and trusted State intervention, digital actors — whether influencers, whistleblowers, or independent reviewers — are stepping into quasi-regulatory roles. The Court’s framing of influencer speech as falling within the broader canopy of public interest also nudges the conversation toward regulatory evolution. For regulators, this is a reminder to build real-time, intelligent systems that can algorithmically and systematically pick up social media cues as early warning signals in grievance redressal and consumer protection frameworks. Relying solely on formal complaints or retrospective investigations will leave the state perennially behind the curve.

Further, the role of intermediaries — Google, Meta, and other platforms — must now be re-evaluated. In this case, the Court had sought submissions from these entities. But the platforms’ long-standing claim of neutrality is becoming increasingly tenuous. When speech impacts health outcomes, economic decisions, and public trust, platforms cannot afford to merely host — they must adjudicate, or at least signal, epistemic trustworthiness. This judgment sets the stage for deeper inquiries into platform ethics, content governance, and the complicity of platforms in suppressing or elevating speech based on opaque internal policies.

Another fault line exposed by this case is the blurred boundary between commercial and public speech. While the court treated Mangal’s video as an act of independent scrutiny, the presence of other commercial interests on parallel channels raised valid concerns. The law must evolve sharper criteria to assess whether a critique is truly in the public interest or covertly driven by competitive bias. Disclosure norms exist, but enforcement is weak and reputational rather than legal.

That a high court would balance reputational harm, economic interest, and speech freedoms —while resisting drive for blanket takedowns — shows an admirable constitutional sensibility. The comment threads of YouTube, the disclosure tags of Instagram, and the viral loops of digital dissent may soon become the frontlines of a broader legal evolution — one that begins to define rights, responsibilities, and the balance of power in India’s fast-unfolding tech-driven consumer economy.

In today’s economy — powered by data, endorsements, and digital communities — trust is the real currency. And trust isn’t owed; it’s earned, tested, and, when needed, questioned. This judgment is a clear reminder to all of us — brands, influencers, platforms, consumers and regulators — that evidence-backed criticism isn’t dissent or disorder. It’s the framework that keeps democracy honest and accountable.

Srinath Sridharan is a corporate advisor and serves as independent director on corporate boards. The views expressed are personal

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Monday, May 05, 2025
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