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Platformed Persuasion: Influencer Marketing And Consumer Protection Law In India

Volume
2
Issue
4
Pages
1–10
Published
Sep 2026
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0
2
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Abstract

The rapid growth of social media has transformed advertising into a subtle, personality-driven exercise, where influencers act as powerful intermediaries between brands and consumers. This phenomenon, often described as platformed persuasion , blurs the traditional distinction between personal opinion and commercial communication. In India, the regulatory response to influencer marketing has evolved primarily through the Consumer Protection Act, 2019, supplemented by the Consumer Protection (E-Commerce) Rules, 2020 and the Advertising Standards Council of India (ASCI) Guidelines for Influencer Advertising in Digital Media. This paper critically examines the adequacy of India’s consumer protection framework in addressing deceptive and misleading practices arising from influencer-led promotions. It analyses the statutory recognition of misleading advertisements, the introduction of endorser liability, and the shifting burden of responsibility from advertisers to digital intermediaries and individual influencers. The study also explores enforcement challenges posed by the decentralised and algorithm-driven nature of social media platforms, including issues of disclosure, transparency, and jurisdiction. By situating influencer marketing within broader principles of consumer autonomy and informed choice, the paper argues that while existing laws mark a significant step forward, gaps remain in effective monitoring, deterrence, and accountability. The paper concludes by suggesting the need for clearer statutory definitions, stronger coordination between regulatory bodies, and a more nuanced approach to balancing commercial speech with consumer rights in the digital marketplace.

Authors
AP
A. Preethi
Keywords
Influencer MarketingConsumer Protection Act2019Misleading AdvertisementsEndorser Liability
References
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