The Bombay High Court in a first of its kind judgement, has contravened the rights of social media influencers and put a cap on their free speech. Rightfully, the Bombay High Court has decided that Social Media Influencers in Today’s social climate have a lot of followers so they do not have unlimited right to publish content without any kind of responsibility.
The HC has determined that wherein a young social media influencer badmouthed parachute brand of hair oil and he was endorsing other hair oils which are Parachute’s competitors, the High Court determined that social media influencers have a responsibility to not publish harmful or offensive content.
“I do not believe that a social media influencer can deliver statements with the same impunity available to an ordinary person.”
Justice SJ Kathawala (Bombay High Court)
The Bombay High Court also held that:
“The Defendant’s recklessness has a much greater impact on the Plaintiffs / its product’s reputation as compared to a reckless statement by an ordinary individual.”
Furthermore, the Court also observed:
The Court went on to observe,
“The Defendant cannot under the garb of educating / bring the true facts to public, provide misleading information to disparage the Plaintiffs product. Any campaign to educate the members of the public by placing before them the true and correct facts may be welcomed.”