In this article, we will be covering the list of laws and acts relevant to the influencer and digital marketing industry in India such as advertising regulations, consumer protection, intellectual property, cybersecurity, and contract law.
1. Consumer Protection Act, 2019
- Section 2(47): Defines unfair trade practices, which includes misleading advertising.
- Section 21: Jurisdiction for consumer disputes against unfair trade practices.
- Central Consumer Protection Authority (CCPA): Can impose penalties on false or misleading advertisements.
2. Information Technology Act, 2000 (Amendments 2008)
- Section 66A: Punishment for sending offensive messages through communication service.
- Section 43: Penalty for damage to a computer, computer system, or network.
- Section 67: Punishment for publishing or transmitting obscene material in electronic form.
3. Indian Penal Code, 1860
- Section 292: Penalizes obscene publications.
- Section 499: Deals with defamation, applicable if false or harmful content is shared.
- Section 505: Pertains to public mischief through rumors or statements that could harm public harmony.
4. Copyright Act, 1957
- Section 51: Infringement of copyright.
- Section 52: Fair use of copyrighted content, which may apply to influencers who repurpose content.
- Section 63: Penalties for copyright infringement.
5. Trade Marks Act, 1999
- Section 29: Infringement of a registered trademark.
- Section 135: Remedies for trademark infringement, including injunctions.
6. Indian Contract Act, 1872
- Section 10: Essentials of a valid contract.
- Section 73: Compensation for loss or damage caused by breach of contract.
7. Drugs and Cosmetics Act, 1940
- Section 27: Prohibits advertisement of drugs for certain purposes.
- Section 18(a): Prohibits sale or distribution of misbranded or spurious drugs.
8. Cigarettes and Other Tobacco Products Act, 2003 (COTPA)
- Section 5: Prohibits advertisements of tobacco products.
9. Emblems and Names (Prevention of Improper Use) Act, 1950
- Section 3: Restricts the use of certain emblems and names in advertising.
10. Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954
- Section 3: Prohibits certain advertisements regarding drugs.
- Section 4: Prohibits advertisements for magical remedies.
11. Food Safety and Standards Act, 2006
- Section 24: Prohibits misleading advertisements for food products.
- Section 53: Penalty for misleading or deceptive advertisements.
12. Companies Act, 2013
- Section 134: Requires disclosure in advertisements by companies.
- Section 447: Fraudulent activities, including misleading advertisements, are punishable.
13. Income Tax Act, 1961
- Section 194C: Tax deduction at source (TDS) on payments for advertising services.
- Section 44ADA: Special provision for calculating income of professionals, applicable to digital marketing influencers.
14. FEMA (Foreign Exchange Management Act), 1999
- Section 3: Regulations regarding foreign payments for influencer marketing services.
- FEMA Regulations: Applicable for cross-border collaborations and payments.
15. The Indecent Representation of Women (Prohibition) Act, 1986
- Section 4: Prohibits indecent representation of women in any form of advertisement.
16. Telecom Commercial Communications Customer Preference Regulations, 2018
- Regulation 6: Controls unsolicited commercial communications (spam), applicable to digital marketing campaigns.
17. Advertising Standards Council of India (ASCI) Code
- Chapter I: Honesty and fairness in advertising.
- Chapter III: Prohibits exploitation of vulnerable audiences, such as children.
18. Press Council Act, 1978
- Section 14: Power to censure any form of media, including digital, if content is objectionable.
19. Broadcasting Content Complaints Council (BCCC) Guidelines
- Guidelines: Content regulations for digital and online streaming, applicable to influencer advertising.
20. The Competition Act, 2002
- Section 3: Prohibits anti-competitive agreements, relevant to exclusivity clauses in influencer contracts.
- Section 4: Restricts abuse of dominant position.
21. The Representation of the People Act, 1951
- Section 126: Prohibits advertising by influencers related to political matters 48 hours before voting.
22. Public Gambling Act, 1867
- Section 3: Restricts gambling-related advertisements.
23. Juvenile Justice (Care and Protection of Children) Act, 2015
- Section 75: Prohibits use of children in inappropriate digital marketing content.
24. Sexual Harassment of Women at Workplace Act, 2013
- Section 3: Guidelines applicable if the influencer operates within an organization, ensuring safe work environments.
25. Payment and Settlement Systems Act, 2007
- Section 25: Covers regulations for online payment gateways used in influencer promotions.
26. Indian Post Office Act, 1898
- Section 3: Regulates electronic mail and commercial digital communications.
27. Banking Regulation Act, 1949
- Section 5: Regulations for financial transactions in influencer collaborations.
28. The Essential Commodities Act, 1955
- Section 3: Restricts advertisement and marketing of essential goods.
29. Real Estate (Regulation and Development) Act, 2016
- Section 10: Restrictions on marketing unregistered real estate projects.
30. Finance Act, 1994
- Section 65B: Service tax applicable to influencer services before GST.
31. Goods and Services Tax (GST) Act, 2017
- Section 7: Covers taxable supply of influencer services.
- Section 24: Mandatory registration for influencers exceeding income threshold.
32. The Cable Television Networks Regulation Act, 1995
- Section 5: Regulations on content broadcast by influencers.
33. Indian Medical Council Act, 1956
- Section 20A: Prohibits endorsement of medical products by non-medical professionals.
34. Environment Protection Act, 1986
- Section 15: Penalties for promoting non-environment-friendly products.
35. Legal Metrology Act, 2009
- Section 18: Requires proper labeling of products in advertisements.
36. National Security Act, 1980
- Section 3: Restricts content endangering national security.
37. Cinematograph Act, 1952
- Section 5B: Prohibits objectionable content in film and video, including influencer content.
38. Arms Act, 1959
- Section 25: Restricts promotion of arms in digital marketing.
39. The Public Health (Amendment) Act, 1987
- Section 3: Prohibits advertisement of substances hazardous to health.
40. Child Labour (Prohibition and Regulation) Act, 1986
- Section 3: Restricts engagement of children in influencer campaigns for hazardous promotions.
41. Public Financial Institutions Act, 1993
- Section 4: Regulates advertising claims involving financial products by influencers.
42. Reserve Bank of India Act, 1934
- Section 45-I: Applicable to influencers advertising financial services, ensuring no false claims are made about investments.
43. Foreign Contribution (Regulation) Act, 2010 (FCRA)
- Section 3: Regulates foreign contributions received by influencers, especially those with international brand partnerships.
44. Data Protection Bill (Draft, 2023)
- Clause 11: Influencers must seek informed consent from users when collecting personal data through promotions.
45. Consumer Protection (E-Commerce) Rules, 2020
- Rule 6: Requires influencers to disclose paid endorsements clearly to prevent misleading consumers.
46. Advertising Standards Council of India (ASCI) Code – Influencer Guidelines (2021)
- Clause 4: Mandates influencers to disclose financial interests in advertised products.
47. Central Board of Direct Taxes (CBDT) Guidelines
- Guideline 3: Influencers must report income from endorsements under “Income from Other Sources.”
48. Digital Personal Data Protection Act, 2023
- Section 9: Prohibits unauthorized data sharing by influencers and marketers.
49. General Financial Rules (GFR), 2017
- Rule 149: Public procurement rules apply when influencers are contracted by government agencies.
50. Payment and Settlement Systems Regulations, 2008
- Regulation 3: Ensures transparency and safety of payment methods used in influencer transactions.
51. Cinematograph (Certification) Rules, 1983
- Rule 38: Regulates content shown by influencers related to film promotions.
52. Electronic Transactions Act (Proposed)
- Section 5: Expected to regulate the integrity and authenticity of online influencer transactions.
53. Indian Evidence Act, 1872
- Section 65B: Governs digital evidence, applicable to influencer contracts and content disputes.
54. Banking Ombudsman Scheme, 2006
- Clause 13: Influencers promoting financial products can face penalties for misleading information.
55. Telecom Regulatory Authority of India (TRAI) Guidelines on Mobile Wallets, 2019
- Section 7: Influencers must ensure secure mobile transactions in promotions involving payments.
56. Self-Regulation Code for Advertising Content in OTT Platforms, 2020
- Rule 6: Regulates influencer endorsements within OTT content, ensuring ad transparency.
57. Protection of Children from Sexual Offences (POCSO) Act, 2012
- Section 23: Prohibits content that might exploit children on social media platforms.
58. Special Marriage Act, 1954
- Section 4: Influencers are restricted from promoting fraudulent matrimonial services.
59. Public Liability Insurance Act, 1991
- Section 2: Requires influencers promoting hazardous materials to inform users about potential risks.
60. Financial Action Task Force (FATF) Guidelines
- Guideline 5: Anti-money laundering laws apply to influencer payments and transactions in certain cases.
61. Data Governance Network Code of Conduct
- Code 10: Provides guidelines for influencer marketing platforms handling personal data.
62. Telegraph Act, 1885
- Section 5: Provides a framework for regulation of telegraphy and messaging, relevant to digital marketing channels.
63. IT (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021
- Rule 3: Mandates online platforms and influencers to maintain content integrity and refrain from illegal promotions.
64. Privacy Act (Proposed)
- Draft Sections: Seeks to mandate the lawful handling of private user data by influencers.
65. National Security Act, 1980
- Section 8: Restricts influencers from sharing or promoting content that threatens national security.
66. Code of Wages Act, 2019
- Section 14: Influencers employed by agencies must be compensated fairly and in accordance with labor laws.
67. Foreign Trade Policy (2023-2028)
- Chapter 4: Regulations on export promotion schemes, relevant to influencers engaged in cross-border collaborations.
68. Indian Railways Act, 1989
- Section 174: Prohibits influencers from using railway property for advertising without authorization.
69. Intellectual Property Rights Policy, 2016
- Policy 6: Reinforces protections for original content created by influencers.
70. Prasar Bharati (Broadcasting Corporation of India) Act, 1990
- Section 12: Ensures no misleading advertising on platforms associated with Prasar Bharati.
71. Money Laundering Act, 2002
- Section 3: Enforces anti-money laundering measures on transactions involving influencers.
72. Motor Vehicles Act, 1988
- Section 190: Regulates influencer campaigns involving vehicle endorsements.
73. Electricity Act, 2003
- Section 135: Restricts promotion of unlicensed electricity devices.
74. The Representation of the People Act, 1950
- Section 27: Prohibits advertising with political motives during elections.
75. Right to Information (RTI) Act, 2005
- Section 4: Transparency in campaigns involving public funds in influencer endorsements.
76. The Prize Chits and Money Circulation Schemes (Banning) Act, 1978
- Section 3: Prohibits promotion of prize chits or money circulation schemes.
77. Insurance Regulatory and Development Authority (IRDA) Guidelines
- Guideline 9: Influencers promoting insurance products must disclose terms clearly.
78. The National Green Tribunal Act, 2010
- Section 19: Restricts advertising that harms the environment or promotes harmful products.
79. Securities and Exchange Board of India (SEBI) Guidelines
- Regulation 13: Influencers advertising securities must comply with SEBI’s disclosure norms.
80. Medical Devices Rules, 2017
- Rule 23: Prohibits unlicensed advertisement of medical devices by influencers.
81. Prevention of Money Laundering Act (PMLA), 2002
- Section 4: Ensures transparency in transactions for influencer partnerships.
82. Central Excise Act, 1944
- Section 9: Applicable to influencers promoting goods with excise duties.
83. The Factories Act, 1948
- Section 41: Influencers must follow guidelines if promoting factory or manufacturing equipment.
84. Customs Act, 1962
- Section 11: Influencers promoting imported goods must comply with customs regulations.
85. Model Code of Conduct for Political Parties and Candidates (Election Commission)
- Clause 6: Prohibits influencers from endorsing candidates during election periods.
86. Competition Commission of India (CCI) Regulations
- Section 3(4): Prevents unfair trade practices in digital marketing.
87. Maternity Benefit Act, 1961
- Section 4: Influencers employed in agencies should receive maternity benefits, if applicable.
88. Indian Council of Medical Research (ICMR) Guidelines
- Guideline 7: Influencers promoting health-related products must comply with ICMR standards.
89. Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits, and Services) Act, 2016
- Section 29: Prohibits the misuse of Aadhaar data in digital marketing.
90. Merchant Shipping Act, 1958
- Section 12: Restricts influencers from promoting illegal maritime activities or equipment.
91. Essential Commodities (Amendment) Act, 2020
- Section 5: Prohibits influencers from endorsing hoarding or black-marketing.
92. Unlawful Activities (Prevention) Act, 1967
- Section 13: Restricts content that supports or promotes unlawful activities.
93. Plant Varieties Protection and Farmers’ Rights Act, 2001
- Section 2: Prohibits influencers from misrepresenting agricultural products.
94. The Industrial Disputes Act, 1947
- Section 33: Influencers employed by agencies are protected in the event
95. Bureau of Indian Standards Act, 2016
- Section 15: Influencers must ensure that products they endorse meet BIS standards if applicable.
96. The Intellectual Property Rights (Imported Goods) Enforcement Rules, 2007
- Rule 6: Influencers must ensure endorsed imported products comply with IP laws to avoid counterfeit issues.
97. Consumer Protection (Direct Selling) Rules, 2021
- Rule 6: Influencers engaged in direct selling must follow transparency and disclosure norms.
98. The Water (Prevention and Control of Pollution) Act, 1974
- Section 24: Prevents promotion of environmentally harmful practices related to water pollution.
99. The Air (Prevention and Control of Pollution) Act, 1981
- Section 21: Ensures no promotion of products or activities that contribute to air pollution.
100. Protection of Human Rights Act, 1993
- Section 12: Ensures that influencer promotions respect human rights principles.
101. Payment of Gratuity Act, 1972
- Section 4: Ensures gratuity benefits for influencers employed full-time by agencies.
102. The Public Premises (Eviction of Unauthorized Occupants) Act, 1971
- Section 4: Prohibits unauthorized occupation of public property in influencer campaigns.
103. The Indian Stamp Act, 1899
- Section 35: Contracts involving influencers need to be properly stamped for legality.
104. The Prevention of Corruption Act, 1988
- Section 7: Prohibits any influencer involvement in corrupt practices with public officials.
105. The Patent Act, 1970
- Section 48: Ensures influencers avoid infringing on patented products or methods in endorsements.
106. The Right to Education Act, 2009
- Section 13: Prohibits promoting practices violating children’s right to education.
107. The Atomic Energy Act, 1962
- Section 14: Influencers are restricted from promoting nuclear-related technologies without permission.
108. Industrial Employment (Standing Orders) Act, 1946
- Section 3: Requires agencies employing influencers to adhere to fair employment practices.
109. The Mines Act, 1952
- Section 23: Prohibits influencers from endorsing unauthorized mining activities.
110. The Factoring Regulation Act, 2011
- Section 19: Influencers involved in financial promotions must disclose the factoring arrangements if applicable.
111. Code of Conduct for Prevention of Insider Trading (SEBI)
- Regulation 12: Prohibits influencers from using insider information in promotions related to securities.
112. The Legal Services Authorities Act, 1987
- Section 12: Restricts influencers from endorsing illegal legal services.
113. Geographical Indications of Goods (Registration and Protection) Act, 1999
- Section 20: Influencers must avoid misrepresenting goods as Geographically Indicated (GI) if they’re not.
114. Micro, Small, and Medium Enterprises Development Act, 2006
- Section 15: Encourages influencers to promote fair trade practices for MSME products.
115. The Aircraft Act, 1934
- Section 5A: Prohibits promotion of unauthorized drone technology or aviation-related products.
116. Building and Other Construction Workers Act, 1996
- Section 12: Influencers promoting construction-related products must ensure safe use.
117. The Arms Rules, 2016
- Rule 33: Influencers are prohibited from endorsing arms without legal permissions.
118. The Ancient Monuments and Archaeological Sites and Remains Act, 1958
- Section 19: Prohibits use of protected monuments for advertising purposes without clearance.
119. Foreign Trade (Development and Regulation) Act, 1992
- Section 5: Influencers endorsing exported products must comply with trade regulations.
120. The Government Securities Act, 2006
- Section 3: Influencers must adhere to regulations when promoting government securities.
121. Plant Quarantine (Regulation of Import into India) Order, 2003
- Clause 4: Influencers endorsing agricultural products must ensure compliance with import restrictions.
122. The Narcotic Drugs and Psychotropic Substances Act, 1985
- Section 8: Strictly prohibits promotion of any narcotic substances.
123. The Insecticides Act, 1968
- Section 17: Influencers promoting insecticides must ensure they are registered and approved.
124. Legal Practitioners Act, 1879
- Section 14: Prohibits non-licensed individuals, including influencers, from advertising legal services.
125. The Prize Competitions Act, 1955
- Section 4: Influencers must ensure compliance when promoting contests or prize competitions.
126. Employment Exchanges (Compulsory Notification of Vacancies) Act, 1959
- Section 4: Requires influencers to be transparent when promoting job-related content.
127. The National Small Savings Fund (NSSF) Act, 2001
- Section 12: Influencers promoting small savings schemes must adhere to NSSF guidelines.
128. Microfinance Institutions (Development and Regulation) Bill (Proposed)
- Clause 8: Influencers promoting microfinance products must ensure they are registered entities.
129. The National Bank for Agriculture and Rural Development Act, 1981
- Section 38: Influencers promoting agricultural products must ensure alignment with NABARD’s guidelines.
130. The Representation of People (Amendment) Act, 1988
- Section 125A: Influencers must avoid campaigns that violate election conduct.
131. The Legal Metrology (Packaged Commodities) Rules, 2011
- Rule 6: Ensures influencers disclose packaging details clearly when endorsing goods.
132. The Collection of Statistics Act, 2008
- Section 8: Prohibits influencers from misrepresenting statistical data.
133. The Major Port Trusts Act, 1963
- Section 34: Requires permission to use ports for promotional activities.
134. Electricity Regulatory Commission Act, 1998
- Section 22: Influencers endorsing electricity-related products must ensure regulatory compliance.
135. The Cinematograph (Amendment) Bill, 2021 (Proposed)
- Clause 5: Would apply content restrictions for influencers involved in film promotions.
136. The Mental Health Care Act, 2017
- Section 3: Prevents promotion of products that might harm mental well-being.
137. Public Procurement (Preference to Make in India) Order, 2017
- Clause 6: Requires influencers promoting government contracts to endorse “Make in India” products.
138. Pre-Conception and Pre-Natal Diagnostic Techniques Act, 1994
- Section 22: Influencers are prohibited from promoting unapproved prenatal diagnostic techniques.
139. The Payment of Wages Act, 1936
- Section 4: Ensures prompt payment for influencers engaged as full-time employees.
140. The Industrial Relations Code, 2020
- Section 14: Ensures influencer rights in employment conditions within media agencies.
141. The Major Ports Authority Act, 2021
- Section 5: Requires influencer campaigns involving ports to follow specified guidelines.
142. The Biotechnology Regulatory Authority of India (BRAI) Bill (Proposed)
- Clause 7: Will regulate influencer promotions related to biotechnology products.
143. The Coinage Act, 2011
- Section 9: Influencers are prohibited from unauthorized use of currency imagery in promotions.
144. The Small Finance Banks Licensing Guidelines, 2014
- Clause 12: Requires influencers promoting small finance bank products to follow RBI guidelines.
145. The Drones (Regulation) Policy, 2021
- Section 10: Influencers endorsing drones must follow operational guidelines.
146. The Remittance Rules, 2000
- Rule 3: Influencers receiving foreign income must disclose remittance details as per FEMA guidelines.
147. The Land Acquisition, Rehabilitation and Resettlement Act, 2013
- Section 3: Influencers endorsing real estate projects must ensure compliance with land acquisition laws.
148. The Indian Evidence Act, 1872
- Section 65: Influencers must maintain accurate records of promotional content to comply with legal standards.
149. The Explosives Act, 1884
- Section 5: Prohibits influencers from promoting explosive materials without appropriate licenses.
150. The Drugs (Control) Act, 1950
- Section 5: Influencers must avoid promoting prescription drugs or unapproved medicinal products.
151. Financial Markets Infrastructure Act, 2012
- Section 8: Governs influencers promoting financial services to ensure proper disclosure of risks.
152. Securities and Exchange Board of India (Listing Obligations and Disclosure Requirements) Regulations, 2015
- Regulation 30: Requires accurate disclosure when influencers are part of listed companies’ promotions.
153. Public Gambling Act, 1867
- Section 3: Prohibits influencers from promoting or participating in online gambling activities without appropriate permissions.
154. The Pre-Natal Diagnostic Techniques (Regulation and Prevention of Misuse) Act, 1994
- Section 22: Strictly prohibits any influencer from promoting or endorsing unapproved prenatal diagnostic services.
155. The Clinical Establishments (Registration and Regulation) Act, 2010
- Section 10: Influencers promoting healthcare services must ensure the facility is registered.
156. National Mission on E-Mobility Guidelines, 2021
- Guideline 3: Influencers endorsing e-mobility products must ensure promotion aligns with green energy standards.
157. Indian Ports Act, 1908
- Section 6: Requires influencers to obtain permission for advertisements or promotions using port premises.
158. Forest Rights Act, 2006
- Section 4: Influencers must ensure campaigns promoting products using forest resources respect indigenous rights.
159. The Coal Mines (Nationalization) Act, 1973
- Section 3: Prohibits unauthorized promotion or association with coal mining activities.
160. The Public Debt Act, 1944
- Section 18: Influencers endorsing government securities or bonds must ensure transparent representation.
161. The Smuggling and Foreign Exchange Manipulators Act, 1976
- Section 4: Prohibits influencers from promoting foreign exchange manipulation schemes.
162. Real Estate (Regulation and Development) Act (RERA), 2016
- Section 3: Requires influencers endorsing real estate projects to promote only RERA-registered properties.
163. The Cinematograph Act, 1952
- Section 5B: Ensures no promotion of objectionable content or themes against national interest by influencers.
164. Comprehensive Guidelines for the Production of Health and Wellness Content, 2021
- Guideline 10: Influencers must ensure accuracy and avoid misleading claims in health-related promotions.
165. The Carriage by Air Act, 1972
- Section 8: Influencers promoting aviation services must disclose risks and comply with safety standards.
166. Petroleum and Natural Gas Regulatory Board Act, 2006
- Section 16: Prohibits promotion of unlicensed petroleum-related products.
167. The Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011
- Rule 5: Influencers collecting personal data must follow security practices to protect sensitive data.
168. The Police Act, 1861
- Section 30: Requires influencers to obtain permission for promotions in restricted public areas.
169. The Sugarcane Act, 1934
- Section 4: Influencers promoting agricultural products like sugarcane must ensure compliance with agricultural policies.
170. Warehousing (Development and Regulation) Act, 2007
- Section 12: Influencers promoting warehousing services must ensure licensed operations.
171. Indian Tolls (Army and Air Force) Act, 1901
- Section 3: Prohibits influencers from advertising unauthorized toll services near military areas.
172. Coastal Regulation Zone Notification, 2011
- Rule 5: Influencers using coastal areas for promotions must follow CRZ guidelines.
173. The Employment of Manual Scavengers and Construction of Dry Latrines (Prohibition) Act, 1993
- Section 5: Prohibits influencers from endorsing any prohibited sanitation services.
174. Wildlife Protection Act, 1972
- Section 39: Influencers must avoid promotions that involve illegal wildlife products or practices.
175. Guidelines for Advertising Real Estate Projects, 2016
- Guideline 4: Influencers endorsing real estate must adhere to truthful advertising about project completion.
176. The Mines and Minerals (Development and Regulation) Act, 1957
- Section 4: Prohibits influencers from promoting unauthorized mining-related products.
177. Electricity (Amendment) Act, 2021
- Section 29: Influencers promoting electricity-based products must comply with local power regulations.
178. Legal Metrology Act, 2009
- Section 19: Requires influencers to display accurate product specifications, like weight and size.
179. Foreign Exchange Management (Investment in India) Regulations, 2019
- Regulation 6: Influencers promoting foreign investments must comply with FEMA guidelines.
180. The Prisoners Act, 1900
- Section 3: Prohibits influencers from using prison imagery or promoting anything related to incarceration for profit.
181. Child and Adolescent Labour (Prohibition and Regulation) Act, 1986
- Section 3: Influencers cannot promote or endorse brands that exploit child labor.
182. National Rural Employment Guarantee Act, 2005
- Section 4: Prohibits influencers from promoting schemes that exploit rural laborers.
183. Atomic Energy (Radiation Protection) Rules, 2004
- Rule 18: Prohibits influencers from promoting unregulated radiation-emitting products.
184. The Oilfields (Regulation and Development) Act, 1948
- Section 5: Influencers are restricted from promoting unauthorized oil and gas exploration.
185. Protection of Civil Rights Act, 1955
- Section 3: Prohibits influencers from promoting or endorsing brands that violate civil rights.
186. Digital Financial Services Guidelines, 2019
- Guideline 4: Influencers promoting digital finance products must follow fair marketing practices.
187. Code on Social Security, 2020
- Section 23: Influencers employed by agencies are entitled to social security benefits.
188. The Registration of Births and Deaths Act, 1969
- Section 12: Prohibits unauthorized use of birth or death certificates in promotions.
189. The Food Safety and Standards (Organic Foods) Regulations, 2017
- Regulation 4: Influencers promoting organic products must ensure FSSAI certification compliance.
190. The Aircraft (Investigation of Accidents and Incidents) Rules, 2017
- Rule 12: Influencers must avoid unauthorized promotions involving aircraft.
191. The Dock Workers (Safety, Health, and Welfare) Act, 1986
- Section 6: Influencers promoting dock or port services must ensure safety compliance.
192. Micro, Small, and Medium Enterprises (MSME) Credit Facility Guidelines, 2018
- Guideline 8: Influencers promoting MSME products must ensure fair representation and pricing.
193. The Food Safety and Standards (Packaging and Labelling) Regulations, 2011
- Regulation 2.3.1: Requires influencers to display accurate nutritional information.
194. The Intermediary Liability Guidelines, 2021
- Rule 3: Mandates influencers and platforms to take responsibility for false or misleading content.
195. Code of Criminal Procedure (CrPC), 1973
- Section 91: Allows authorities to summon records related to influencer contracts if required.
196. Indian Trusts Act, 1882
- Section 3: Influencers endorsing non-profit organizations must ensure transparency in fund allocation.
197. The Carriage by Road Act, 2007
- Section 9: Influencers promoting road transport services must disclose potential liabilities.
198. The Railways Act, 1989
- Section 144: Requires influencers promoting rail-related services to follow specific permissions.
199. The Competition Commission of India (CCI) Act, 2002
- Section 3: Prohibits influencers from engaging in unfair trade practices or price-fixing promotions.
200. The Special Economic Zones Act, 2005
- Section 8: Influencers promoting products from SEZs must comply with specific marketing guidelines.
201. The Food Safety and Standards Act, 2006
- Section 28: Requires influencers to ensure that food products they promote meet safety standards.
202. The Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021
- Rule 4: Mandates influencers to disclose paid partnerships and endorsements clearly.
203. The Consumer Protection Act, 2019
- Section 2(47): Defines ‘endorsement’ and outlines obligations for influencers regarding misleading advertisements.
204. The Competition Act, 2002
- Section 3: Prohibits anti-competitive agreements among influencers or between influencers and brands.
205. The Copyright Act, 1957
- Section 63: Prohibits influencers from using copyrighted material without permission.
206. The Trademarks Act, 1999
- Section 29: Prohibits influencers from infringing on registered trademarks during promotions.
207. The Essential Commodities Act, 1955
- Section 3: Influencers must ensure that promoted essential goods comply with the law to prevent hoarding and black marketing.
208. The Bureau of Indian Standards (BIS) Act, 2016
- Section 17: Influencers must ensure products they endorse are BIS certified if applicable.
209. The Securities and Exchange Board of India (Prohibition of Insider Trading) Regulations, 2015
- Regulation 3: Prohibits influencers from using insider information in their promotions or endorsements.
210. The Payment and Settlement Systems Act, 2007
- Section 8: Influencers promoting payment systems must ensure compliance with security and operational standards.
211. The Indian Penal Code, 1860
- Section 499: Protects individuals against defamation in promotions; influencers must be cautious about claims made.
212. The Right to Information Act, 2005
- Section 4: Influencers should disclose information about sponsorship and partnerships as part of transparency.
213. The Industrial Disputes Act, 1947
- Section 2: Influencers working with brands or agencies must be aware of labor laws related to their employment status.
214. The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013
- Section 10: Influencers must ensure that any promotional content related to land acquisition is legally compliant.
215. The Indecent Representation of Women (Prohibition) Act, 1986
- Section 3: Prohibits influencers from promoting content that indecently represents women.
216. The National Food Security Act, 2013
- Section 6: Influencers promoting food products must ensure compliance with food safety standards.
217. The Right of Children to Free and Compulsory Education Act, 2009
- Section 12: Prohibits influencers from promoting services that exploit children’s right to education.
218. The Juvenile Justice (Care and Protection of Children) Act, 2015
- Section 23: Prohibits influencers from engaging children in illegal or exploitative promotions.
219. The Consumer Protection (E-Commerce) Rules, 2020
- Rule 3: Mandates transparency in e-commerce advertisements, including influencer promotions.
220. The Prevention of Money Laundering Act, 2002
- Section 3: Influencers must avoid promoting services or products that could involve money laundering.
221. The Digital Information Security in Healthcare Act (DISHA) (Proposed)
- Section 7: Requires influencers in the healthcare sector to protect patient information.
222. The National Rural Livelihoods Mission Guidelines, 2011
- Guideline 4: Prohibits influencers from promoting products that do not support rural livelihoods.
223. The National Disaster Management Act, 2005
- Section 9: Influencers must avoid promoting products during disaster situations that could cause panic.
224. The Legal Services Authorities Act, 1987
- Section 12: Prohibits unauthorized advertisements of legal services by influencers.
225. The Transplantation of Human Organs and Tissues Act, 1994
- Section 4: Influencers must avoid promoting illegal organ transplantation services.
226. The Maternity Benefit Act, 1961
- Section 4: Influencers working with brands must be aware of their rights concerning maternity benefits.
227. The Payment of Bonus Act, 1965
- Section 3: Influencers engaged in full-time work with brands must receive bonuses as applicable.
228. The Rights of Persons with Disabilities Act, 2016
- Section 3: Prohibits influencers from promoting products that violate the rights of persons with disabilities.
229. The Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996
- Section 5: Influencers must ensure that promoted construction services comply with safety regulations.
230. The Animals (Protection of Livestock) Act, 1970
- Section 4: Influencers must avoid endorsing products that harm animals.
231. The International Trade (Regulation) Act, 1986
- Section 8: Influencers promoting imports must comply with international trade regulations.
232. The Contempt of Courts Act, 1971
- Section 2: Prohibits influencers from making statements that could be contemptuous of court proceedings.
233. The Railways Act, 1989
- Section 29: Requires influencers promoting railway services to disclose risks and adhere to safety standards.
234. The Indian Succession Act, 1925
- Section 248: Influencers promoting estate planning services must comply with succession laws.
235. The Narcotic Drugs and Psychotropic Substances Act, 1985
- Section 8: Prohibits the promotion of narcotic substances or psychotropic drugs.
236. The Consumer Protection (Advertising) Code, 2020
- Section 5: Sets ethical guidelines for influencer marketing, emphasizing honesty and transparency.
237. The Factories Act, 1948
- Section 9: Prohibits unsafe advertising practices related to factory products.
238. The Public Health (Control of Disease) Act, 1984
- Section 2: Influencers must avoid promoting health products that could mislead during public health crises.
239. The Equal Remuneration Act, 1976
- Section 4: Influencers must ensure fair pay practices within agencies they are contracted to.
240. The Payment of Gratuity Act, 1972
- Section 4: Influencers employed by agencies are entitled to gratuity benefits upon completion of service.
241. The Urban Land (Ceiling and Regulation) Act, 1976
- Section 10: Influencers must ensure compliance when promoting urban real estate projects.
242. The Mines Act, 1952
- Section 22: Prohibits influencers from promoting unauthorized mining activities.
243. The Water (Prevention and Control of Pollution) Act, 1974
- Section 24: Influencers must avoid promoting activities leading to water pollution.
244. The Air (Prevention and Control of Pollution) Act, 1981
- Section 21: Ensures influencers do not endorse products that contribute to air pollution.
245. The Essential Commodities Act, 1955
- Section 3: Influencers must promote essential commodities in compliance with the law to avoid hoarding.
246. The Prevention of Cruelty to Animals Act, 1960
- Section 11: Prohibits influencers from promoting products that inflict cruelty on animals.
247. The Land Acquisition Act, 2013
- Section 3: Influencers must ensure promotional content complies with land acquisition laws.
248. The Drugs and Cosmetics Act, 1940
- Section 6: Influencers must avoid promoting unapproved cosmetics or drugs.
249. The Protection of Women from Domestic Violence Act, 2005
- Section 6: Influencers must avoid endorsing products that violate women’s rights.
250. The Consumer Protection (Unfair Trade Practices) Act, 2020
- Section 3: Defines unfair trade practices and holds influencers accountable for misleading claims.
251. The National Policy on Electronics, 2019
- Section 4: Influencers must comply with regulations when promoting electronic products.
252. The National Policy for Skill Development and Entrepreneurship, 2015
- Guideline 7: Influencers promoting training or skill development services must ensure authenticity.
253. The Indian Medical Council (Professional Conduct, Etiquette and Ethics) Regulations, 2002
- Regulation 6: Prohibits medical professionals from endorsing products for personal gain.
254. The Environmental Protection Act, 1986
- Section 3: Prohibits the promotion of products harmful to the environment.
255. The National Biodiversity Act, 2002
- Section 25: Influencers must avoid promoting products derived from endangered species.
256. The Registration of Companies Act, 2013
- Section 12: Influencers promoting corporate products must ensure company registration.
257. The Right to Information (RTI) Act, 2005
- Section 4: Mandates transparency in influencer partnerships and promotions.
258. The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013
- Section 4: Influencers must create a safe work environment free from harassment.
259. The Minimum Wages Act, 1948
- Section 4: Influencers must ensure fair compensation in influencer marketing agreements.
260. The Indian Evidence Act, 1872
- Section 65: Influencers must maintain accurate records of promotional content to comply with legal standards.
These regulatory landscape governs the activities of influencers and digital marketers in India, ensuring compliance with a variety of legal, ethical, and consumer protection standards.
