While a legal duty was recently imposed on persons of influence in India for judicious exploitation of their personality to exercise influence on the public, an analysis of the new law brings to light many loopholes that need to be addressed for a safer consumer protection regime in India.
Trupti Panigrahi, Assistant Lecturer, Jindal Global Law School, O.P. Jindal Global University, Sonipat, Haryana, India.
The persons of influence in India have always enjoyed extravagant love and demonstration thereof from the Indian Fan Community. It is not wrong to call this community as one of worshippers or devotees for they have elevated such persons to the position of Gods.
This position has enabled persons of influence, whether film-stars or religious gurus, to exercise their influence on their devotees in an almost-absolute manner.
While the Indian legal scenario has recognised and enforced the rights of these persons of influence in their personalities, it was not until recently that a legal duty was imposed on them for judicious exploitation of their personality to exercise influence on the public.
It was only in August 2019 that the Indian Consumer Protection Act made the endorsers liable for endorsing misleading advertisements. Prior to this welcome change in the law, the endorsers had no legal duty towards the public that fell prey to harmful products that were endorsed by them.
However, a mere analysis of the new law brings to light many loopholes that need to be addressed for a safer consumer protection regime in India. This research paper, drawing inspiration from relevant laws in Germany, United Kingdom and United States of America, suggests amendments to the law in question and proposes a draft amendment bill in the said lines.
Published in: International Journal on Consumer Law and Practice, National Law School of India University, Bengaluru.
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