Answer By law4u team
Influencer marketing has become a popular strategy for brands to reach consumers, often using discount codes to drive sales. However, the use of such codes must comply with advertising and consumer protection regulations to prevent misleading practices. In India, specific guidelines from the Advertising Standards Council of India (ASCI) and the Consumer Protection Act ensure that influencers disclose paid partnerships or sponsored content, maintaining transparency and trust with their audience.
Regulations Governing Influencer Discount Codes
ASCI Guidelines for Influencer Advertising in Digital Media (2021)
- Influencers must clearly disclose paid partnerships or affiliate links.
- Hashtags like #Ad, #Sponsored, #PaidPromotion, or #Collaboration must be visible.
- Discount codes offered as part of a paid promotion must be disclosed.
Consumer Protection Act, 2019 – Central Consumer Protection Authority (CCPA) Guidelines (2022)
- Misleading ads, including undisclosed paid endorsements, are punishable.
- Influencers can be fined up to ₹10 lakh for non-disclosure on first offence, and ₹50 lakh for repeated violations.
- Disclosures should be prominent, clear, and in the language of the endorsement content.
Disclosure Requirements on Social Media
- Disclosures must not be buried in the middle of a post or hidden in hashtags.
- In video content, disclosure should be made at the beginning and during the promotion.
- In live streams, repeated disclosures are encouraged.
Affiliate Marketing and Discount Codes
- Influencers using codes that earn them commissions must state it’s a paid relationship.
- Words like Use my code and get 20% off should be followed by a clear disclaimer such as I earn a commission when you use this code.
Platform-Level Enforcement
Platforms like Instagram and YouTube encourage tagging paid promotions, and repeated violations may lead to content removal.
Legal Protections and Consumer Rights
- Consumers can file complaints against misleading promotions or undisclosed sponsorships.
- The CCPA has the authority to investigate and penalize both influencers and brands.
- ASCI also allows consumers to report non-compliant posts through its online complaint portal.
- Courts may direct refunds or compensation for deceptive practices causing financial loss.
Example:
An influencer posts a skincare product with a discount code like GLOW20 but doesn’t mention that it’s a paid promotion. A follower buys the product but develops a severe skin allergy and learns later that the influencer was paid by the brand.
Steps the consumer can take:
- Save the post and payment proof as evidence.
- File a complaint with ASCI for non-disclosure of paid promotion.
- Submit a grievance to the Central Consumer Protection Authority via consumerhelpline.gov.in.
- Seek medical compensation under the Consumer Protection Act for product damage.
- Request a product return or refund from the seller due to misleading endorsement.
