Understanding ASCI Guidelines for Influencer Marketing in India

Influencer marketing has become a dominant force in the digital advertising landscape. With millions of followers and highly engaged audiences, influencers wield massive power over consumer behavior. But with great influence comes great legal responsibility.

To ensure ethical promotion and protect consumer rights, the Advertising Standards Council of India (ASCI) has implemented stringent guidelines for influencer marketing. These guidelines are not just best practices—they’re enforceable rules with consequences for non-compliance.

This article breaks down the ASCI guidelines for influencer marketing in India i.e. what influencers, brands, and marketing agencies need to know to stay compliant in 2025.

🔍 Why Do ASCI Guidelines Matter?

In a digital-first world, undisclosed paid promotions blur the line between content and advertisement. Consumers deserve to know when they’re being marketed to. The ASCI guidelines, issued under the Consumer Protection Act, 2019, aim to:

• Promote transparency and trust

• Prevent misleading advertisements

• Hold influencers and brands jointly liable for false claims

Failure to comply can attract penalties from the Central Consumer Protection Authority (CCPA), including fines up to ₹10 lakhs, and bans on endorsements.

📌 Key Provisions of ASCI guidelines for influencer marketing in India

1. Mandatory Disclosure of Paid Partnerships

Influencers must clearly disclose when content is paid, gifted, or sponsored. Acceptable labels include:

• #ad

• #sponsored

• #paidpartnership

• #collab

❗ Disclosures must be prominently visible—not buried in hashtags or captions.

2. Platform-Specific Rules

Each platform has its own best practices. For instance:

• On Instagram Stories, disclosures must be superimposed and easy to read.

• On YouTube, the disclosure must appear in the video and the description box.

3. No Misleading Claims

Influencers are required to personally use the product before endorsing it. Claims (e.g., “best results in 3 days”) must be supported by scientific data or user trials.

4. Due Diligence Requirement

Influencers must conduct reasonable checks on the brand and its offerings before making endorsements. Ignorance is not a defense.

⚖️ Legal Liability of Influencers and Brands

Both parties are jointly accountable for misleading endorsements. Key legal risks include:

• Penalties under the Consumer Protection Act

• Litigation for false advertising

• Criminal liability under Section 89 of the Act (in serious cases)

Brands are expected to train influencers on compliance and approve content before publication.

📄 The Need for a Legally Binding Influencer Agreement

To mitigate risks, it’s essential for brands and influencers to enter into a formal contract that includes:

• Disclosure obligations

• Pre-approval requirements

• Clauses on IP, takedowns, and termination

• Indemnity for non-compliance

✅ Best Practices to Ensure Compliance

For Influencers:

• Disclose paid collaborations up front

• Use platform-specific visibility guidelines

• Avoid unverifiable or exaggerated claims

• Read and understand the product terms

For Brands:

• Use a robust influencer agreement

• Ensure campaign compliance with ASCI guidelines

• Maintain records of disclosures and approvals

• Avoid exerting pressure for false claims

🔚 Conclusion

Influencer marketing is a powerful tool—but only when backed by transparency and compliance. The ASCI guidelines are not suggestions—they are legally binding norms with real-world implications. A misstep could mean not only reputational damage but also regulatory action.

At Apar Law, we regularly assist influencers, talent managers, and brand teams in:

• Drafting influencer contracts

• Setting up compliance SOPs

• Conducting content risk reviews

• Defending against misleading ad allegations

Don’t let a legal oversight cost you your audience—or your credibility.