MIB dodges questions on penalties for misleading ads, avoids disclosing action on ad violations

New Delhi: While the government claims to be tightening rules around misleading ads and influencer marketing, the Ministry of Information and Broadcasting (MIB) chose to resort to selective silence when asked about the tangible actions taken. 

While replying to the questions from MP Anto Antony and K Sudhakaran, L Murugan,  MoS, I&B Ministry repeated that complaints about misleading ads and non-disclosures by influencers are handled under the Consumer Protection Act, 2019, and overseen by the Central Consumer Protection Authority (CCPA). 

But when asked for data, such as the number of cases investigated in the last five years or penalties imposed, the government did not share any figures. Nor did it name any brand, influencer, or agency that may have faced action.

The question read, “Will the Minister of Information and Broadcasting be pleased to state the total number of cases reported and investigated relating to non-compliance with advertising and influencer marketing guidelines in the country during the last five years?”

The ministry referred to the 2022 guidelines issued by the CCPA to curb misleading endorsements and paid promotions that are not clearly disclosed. These guidelines apply to celebrities, influencers, and brands alike.

However, the absence of any enforcement data, even basic numbers, makes it difficult to assess how actively the rules are being followed or whether violators are being penalised at all.

In contrast to this, the government was quick to point out that a total of 43 OTT platforms had been banned so far for displaying obscene content. 

The reply also highlighted the ministry’s repeated advisories, issued on June 13, 2022, October 3, 2022, and April 6, 2023, asking media platforms not to carry ads for online betting companies or their surrogate products.

But once again, there was no information on how many violations have been found, or what action, if any, has been taken.

The question read, “ Will the Minister of Information and Broadcasting be pleased to state whether any penalties or regulatory actions have been imposed on influencers, brands, or agencies found violating disclosure requirements and if so, the details thereof?”

Betting and gambling fall under the State List, which means each state is responsible for regulating them. However, the Centre has maintained that media platforms should avoid promoting them, directly or indirectly, given the social risks involved.

Despite these advisories, surrogate ads for betting brands continue to appear, often promoted by influencers or disguised as unrelated services. 

The government has made it clear that it sees digital influencers and betting-related ads as key concerns, and the existing guidelines are a step in the right direction.

But without enforcement data, follow-up action, or even a simple record of how many cases are being looked into, the system lacks accountability.