Let's dive into the world of modern advertising rules for our beloved celebs and online influencers. We're talking about those guidelines that keep the ad game fair and square. So, let's break it down in simpler terms:

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1. The Consumer Protection Act (2019): This law looks out for the consumers, from those endorsements and ads by celebs, including our favorite social media influencers. If these cool folks don't spill the beans about a paid promo and go on to fib about a product, guess what? The followers have the power to call them out and even sue them for tricking them with misleading ads. And hey, that lawsuit might even cost the influencer a hefty INR 10 lakh in fines! If they keep at it, the penalty can shoot up to INR 50 lakh.

2. Guidelines for Advertisements and Endorsements for Misleading Advertisements (2022): The Central Consumer Protection Authority (CCPA) laid down these rules to tackle those tall tales in ads. These guidelines, in sync with the Consumer Protection Act, 2019, give a thumbs-up to honest ads and put responsibilities on makers, sellers, advertisers, and yes, even endorsers. Remember, hiding any connections might land you a not-so-friendly fine of up to 50 Lakhs. Ouch!

3. Code for Self-regulation of Advertising: Think of this as a guidebook for ad ethics. The Advertising Council of India (ASCI) made this code to make sure ads are the real deal, giving consumers accurate info. It's like the ethical compass of the ad world.

4. Department of Consumer Affairs Guidelines (2023): Fast forward to 2023, and the Department of Consumer Affairs launched a full code applicable to celebs, influencers, and even those virtual influencers (you know, computer-generated peeps). They made rules that say, 'Hey, if you're influencing people's buying choices, you gotta spill the beans about your connections with the advertiser. And what you're selling should really be what you're saying.' That means if you're making bank, getting free stuff, or have any personal ties, spill the beans!

5. Material Connection Definition: What's a 'material connection,' you ask? It's the stuff like getting paid, freebies, contest entries, fancy trips, media deals, and even having some family or personal link. Basically, anything that could make you biased.

6. Disclosure Placement: No more hiding in the fine print! The guidelines want those disclosures to shine bright, front and center. No burying them under piles of hashtags or links.

7. Proper Endorsement: Make it crystal clear! If you're recommending something, use simple words like 'advertisement' or 'sponsored'. And hey, before you go raving about a product, do your homework. Make sure the claims are legit and you've actually tried the stuff.

8. Due Diligence Case: Here's a little lesson from Amitabh Bachchan's biscuit tale. He got heat for promoting a misleading ad that compared biscuits to healthy homemade meals. The lesson? Do your research, especially when it comes to products aimed at kids.

9. Role of Social Media: Social media's a double-edged sword. It's a killer platform for ads, but it also gives room for some sneaky ones. These guidelines are our shields against misleading ads and help us make informed choices.

Remember, these rules are like a safety net for consumers. Not playing by them might just get you a not-so-pleasant meeting with the penalties under the Consumer Protection Act, 2019.

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We at 'Be Invincible - Lawyers for Creators' are offering free legal consultations for all creators, brands, and marketing agencies on these new laws. 

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We offer legal review of creative endorsement content, contract review, intellectual property review, and everything else connected with laws around digital marketing. Check with us before you post your next reel.

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