From Hashtags To Hearings : Media Law’s Response To The Influencer Boom

The impact of social media influencers in India has grown faster than most traditional legal frameworks can keep up with. While just a decade ago, content creators were few and primarily hobbyists, today’s influencers are viewed as professional communicators with audiences in the millions. This growth has brought new opportunities for brand partnerships—but also new legal and ethical challenges, especially as recent controversies have shown.

Key Legal Cases: Setting the Benchmark

The Samay Raina Precedent

In 2025, a Supreme Court judgment directed comedian Samay Raina, along with several social media personalities, to publicly apologize for content that mocked disabled individuals. The order emphasized that digital creators, especially those who earn revenue from their platforms, cannot claim unfettered freedom of expression if their words cause harm or propagate stereotypes. This case forced the legal community to seriously consider the boundaries between satire, free speech, and social accountability in the digital domain.

Apoorva Mukhija and New Lines of Accountability

Around the same time, influencer Apoorva Mukhija faced a flurry of police scrutiny after controversial comments during the “India’s Got Latent” show. Mukhija’s defense—that her remarks were spontaneous and not intended to offend—reflects the informal vibe common to digital creators. However, the resulting backlash and takedowns indicated that even casual remarks by influencers can trigger serious legal and reputational consequences. These cases have sparked discussions about how Indian law can keep pace with social media’s unpredictability and reach.

The Regulatory Landscape: Laws for a New Age

Consumer Protection and Transparency

Today, two core regimes shape influencer compliance:

• Consumer Protection Act, 2019 (CPA): Influencers endorsing brands must make clear, conspicuous disclosures about promotions or paid partnerships to avoid misleading their followers. Not doing so can attract hefty fines (up to Rs. 50 lakh) and even future bans on endorsements for repeat offenders.
• Advertising Standards Council of India (ASCI) Guidelines (2023): Though technically self-regulatory, these guidelines are increasingly influential. Influencers are expected to declare “material connections” whenever they have received compensation or gifts in exchange for promoting a brand. Special rules apply for different content formats, from Instagram stories to live streams, with an emphasis on transparency across all platforms.

Tech Law and Platform Responsibility

The Information Technology Act, 2000, plus the Intermediary Guidelines (2021), place legal obligations on social platforms to monitor, remove, or block unlawful content. Section 79 offers “safe harbour” to platforms but only as long as they act against illegal content when notified. Amendments and court interpretations since 2023 have nudged platforms towards self-regulation while balancing user freedom and content monitoring.

The Challenge of Enforcement

The main practical problem is scale—thousands of posts and endorsements move online every hour. Temporary content, such as Stories, and growing cross-platform partnerships further complicate real-time monitoring. Barter deals and undisclosed sponsorship arrangements are common, and many influencers still take a “fix it when flagged” approach. Self-regulatory codes and court directives only go so far without robust awareness and regular monitoring.

Policy and Reform: Why New Laws Are Needed

With influencers now directly shaping markets and public debate, Indian regulators are discussing tougher requirements for digital creators with massive audiences. Plans include age-based classifications and further disclosure mandates for those with more than five million followers. Newer rules also address professional recognition—like the dedicated income tax code for social media influencers now in place for accurate earnings tracking.

For the future, we see three priorities:

• Making laws that explicitly address influencer conduct across all platforms and media types.
• Creating real-time complaint and redressal mechanisms, so violations are handled swiftly.
• Preserving free speech while clarifying what counts as hate speech, misinformation, or dangerous stunts.

Conclusion

As law students, we see the legal complexities of India’s influencer culture only increasing. The cases involving Samay Raina and Apoorva Mukhija highlight how high public expectations now meet stricter regulatory scrutiny. As digital influence moves deeper into commerce and culture, the need for clear, modern, and enforceable standards grows stronger every day.