A Battle Against the Unsavoury: A New Code of Conduct Introduced by the IIGC
Introduction
Since the inception of the Internet and social media platforms like Facebook, X (Twitter), Instagram, etc., the government and various other stakeholders in both foreign jurisdictions and India have looked towards the intermediaries to assume responsibility for the content floated on these platforms, and various legal provisions showcase that responsibility. For the first time in many years, these intermediaries come together to moderate the content by setting a standard for the creators and propagators of this content. The influencer marketing industry in India is at a crucial juncture, with its market value projected to exceed Rs. 3,375 crore by 2026. But every industry is coupled with its complications; like in this scenario, there is a section of content creators who fail to maintain the standard of integrity and propagate content that raises concerns of authenticity and transparency, often violating intellectual property rights (IPR) and privacy.
As influencer marketing continues to shape digital consumption, the need for ethical and transparent content grows stronger. To address this, the India Influencer Governing Council (IIGC) has released its Code of Standards, aiming to bring accountability and structure to the fast-evolving online space.
Bringing Accountability to the Digital Fame Game
The India Influencer Governing Council (IIGC), established on 15th February, 2025, is founded with the objective to empower creators, advocate for fair policies, and promote responsible content creation. The IIGC releases the Code of Standard, not a moment too soon; it arrives just in time, a necessary safeguard before social media devolves into a chaotic marketplace where anything and everything is up for grabs. Without effective regulation, digital platforms become the marketplace for misinformation and exploitation.
The IIGC leads the movement with clarity, stating that the Code is a significant piece that spans across 20 crucial sections governing key areas such as paid partnership disclosures, AI-generated personas, content safety, and financial compliance.
Highlights from the Code of Standard
- The Code exhibits a technical understanding of the industry of content creation and influencer marketing. The preliminary sections advocate for accuracy, transparency, and maintaining credibility with the audience that engages with the content. Secondly, the most fundamental development is with regard to the “Paid Partnership Disclosure” included in Section 2 of the Code that mandates disclosure of any material connection, such as financial agreements or collaboration with the brand.
- Another development, which potently comes at a befitting hour, is the disclosure of “AI Influencers”, which establishes that the nature of the influencer has to be disclosed, and such influencers, whether fully virtual or partially AI-enhanced, must maintain the same standards as any human influencer.
- The code ranges across various other aspects of influencer marketing, such as expressing unpaid “Admiration” for the brand and public criticism of the brand, being free from personal bias, honouring financial agreements, non-discrimination, and various other standards that set the stage for a safe and fair digital sphere.
- The Code also necessitates that the platform users and the influencers handle sexual and sensitive content with sincere deliberation, and usage of such content shall be for educational and health-related contexts and must not be used against community standards. The Code includes various other standards that work towards making digital platforms safer for younger generations and impressionable minds.
A Code Without Claws? Challenges in Enforcement
The biggest obstacle to the effective implementation of the code is distinguishing between an honest promotion and a paid brand collaboration without any explicit mention of such an agreement. This makes influencer marketing susceptible to manipulation, and the manipulation cannot be tackled with a straitjacket formula, as it might be found in the form of exaggerated claims or omission of critical information.
Another hurdle is the voluntary compliance of the influencers with the advertising standards. Influencer marketing is an exercise in a borderless digital cyberspace, where the influencers often disregard the dignified standards to maximise their earnings and commercial motives.
The debate between self-regulation and government oversight is constantly churning, where experience tells us that overreliance on self-regulation has proven to be inadequate, and succinct regulatory oversight is imperative in light of social media platforms operating as a transnational commercial marketplace.
CyberPeace Recommendations
- Introduction of a licensing framework for influencers that fall into the “highly followed” category with high engagement, who are more likely to shape the audience’s views.
- Usage of technology to align ethical standards with influencer marketing practices, ensuring that misleading advertisements do not find a platform to deceive innocent individuals.
- Educating the audience or consumers on the internet about the ramifications of negligence and their rights in the digital marketplace. Ensuring a well-established grievance redressal mechanism via digital regulatory bodies.
- Continuous and consistent collaboration and cooperation between influencers, brands, regulators, and consumers to establish an understanding and foster transparency and a unified objective to curb deceptive advertising practices.
References
- https://iigc.org/code-of-standards/influencers/code-of-standards-v1-april.pdf
- https://legalonus.com/the-impact-of-influencer-marketing-on-consumer-rights-and-false-advertising/
- https://exhibit.social/news/india-influencer-governing-council-iigc-launched-to-shape-the-future-of-influencer-marketing/