The Advertising Standards Council of India (ASCI) has issued an important advisory for LinkedIn influencers and has urged them to comply with its guidelines which require Influencers to disclose any material connections with brands, services, or advertisers they promote.
Aimed at reinforcing adherence to self-regulatory and legal standards and to uphold the integrity of influencer marketing, this move comes after 60 such cases were brought to ASCI’s attention by alert professionals on LinkedIn in the past week alone and of these, 56 cases are currently being processed for violations, primarily due to non-disclosure of material connections.
That said, these non-disclosures were found to be in potential breach of the ASCI Code, the Guidelines for Influencers in Digital Media, and the Central Consumer Protection Authority’s (CCPA) Guidelines on Celebrities, Influencers, and Virtual Influencers on Social Media Platforms.
Given that unlike other popular social media platforms, LinkedIn does not provide platform disclosure tools, the LinkedIn influencers, as per ASCI, themselves have to display the permitted disclosure terms like ‘Ad’ or ‘Partnership’ amongst others.
The CCPA guidelines explicitly state ‘Failure to disclose any material connection or non-compliance with the Consumer Protection Act 2019 and Rules made thereunder would make violators liable for strict action under the law.’
Having said that, this material connection here refers to any association between an advertiser and an influencer that could impact the weight or credibility of the influencer’s representation. Such disclosures must be clear, upfront, and prominently displayed and not buried within a group of hashtags or links.
“Given that LinkedIn influencers are generally more educated and aware than the average social media influencer, it is strongly recommended that they familiarize themselves with the ASCI Guidelines and the CCPA regulations. Influencers must ensure that any posts involving material connections are accompanied by appropriate disclosures in compliance with these guidelines,” ASCI mentioned in its advisory.
“Non-compliance, particularly repeated violations, will result in the escalation of cases by ASCI to regulatory authorities for necessary action,” it added.
That said, in recent times, the platform has seen several cases of professionals talking positively about certain products or services and even advertising campaigns without revealing that they are part of a campaign. These practices mislead audiences, who may believe that the views represented by such professionals are unbiased and not influenced by any collaboration.
Having said that, several alert professionals now tag The Advertising Standards Council of India on such suspected posts, which then examines such cases.
Key Takeaways for Influencers from ASCI’s advisory:
- Material Connection: Influencers must disclose any relationship with an advertiser that could affect the content’s credibility.
- Disclosure Requirements: Disclosure must be clear, upfront, and not hidden within hashtags or links.
- Compliance: Influencers must familiarize themselves with ASCI Guidelines and CCPA requirements.
Furthermore, to help influencers comply with these regulations, ASCI offers The Responsible Influencing Playbook, an e-learning certification course that includes modules on regulatory requirements, understanding disclosures, and how influencers can safeguard themselves. The course is aligned to enhance skills in responsible influencing and contribute to a community rooted in trust and transparency.
Commenting on the development, Manisha Kapoor, Secretary General and CEO, ASCI, said, “LinkedIn influencers are seasoned professionals and trusted voices in their respective fields; this makes it all the more important for them to lead by example when it comes to responsible influencing. Being transparent about material connections is mandated both by the ASCI Code and the CCPA guidelines. The advisory is a direct reminder that such non-disclosures could lead to a loss of credibility for violators, as well as possible action by the regulators. We thank the LinkedIn community of professionals who are aiding ASCI by sharing such links and helping keep the advertising ecosystem honest.”
To read ASCI’s full advisory, click here.
