The Advertising Standards Council of India (ASCI) recently published its half-yearly complaints report for the period April to September 2023. The report highlighted that in the digital advertising sphere, influencers contributed to 22% of total ads complained against at ASCI and that 99.4% of advertisements processed for influencer guidelines were found to be in violation. 

In this context, how can brands ensure transparency and authenticity in their digital campaigns when partnering with influencers? A keycriteria is brand integrity and consumer trust as Rashid Ahmed, Chief Digital Officer, Infectious Advertising says, “Maintaining consumer trust and brand integrity is crucial, particularly when partnering with influencers. Advertisers should select influencers whose values and audience align with one's brand…. Agreements with influencers outlining expectations, content guidelines, and disclosure requirements, should all be clear and transparent.”

As per Shradha Agarwal, Co-founder and CEO, Grapes at the moment that there is no strategy used in influencer marketing and stresses for the need for appropriate due diligence. She says, “Quite a research goes in when a brand onboards a brand ambassador, but the same is not done when it comes to choosing influencers as they are brought on board for specific campaigns. Well, Influencers at times get brands the right reach and even sales. So, brands also don’t bother with influencer credentials as long as they get the reach and sales.”

All sponsored content must be disclosed and brands must ensure that the influencer's personal brand and posts aligns with the company's values. Screening the influencer’s content for suitability is crucial before engaging with any content creator. Says Arushi Gupta, Business Head, Influencer.in says, “If brands are leveraging influencers and doing a paid collaboration then they definitely should have the influencer call it out, either as a paid partnership, or with a hashtag, or with an introduction. This makes it clear that it is a sponsored ad and the user is aware of it.” 

 Jennifer Mulchandani, Partner - Acture Media adds, “Clear and crisp contracts outlining expectations, transparent communication about the promotional nature of content, and periodic audits of influencers' posts are crucial to ensure they even fit in with the brands tonality and positioning. Leveraging influencer marketing platforms that emphasize transparency can also be beneficial.” 

On his part, Abhishek Upadhya - Vice President, Digital Innovation & Strategy, HiveMinds adds, “Leveraging technology and data analytics can help identify any irregularities or fraudulent activities, such as click farms or fake engagement. Platforms like Google and Facebook should also take proactive measures to combat fraudulent activities and protect the interests of brands investing in digital advertising. Ultimately, maintaining transparency, authenticity, and vigilance in digital campaigns is essential for building trust with consumers and safeguarding the reputation of the brand.”

Zeeshanali Ruby, Associate Vice President - Integrated Solutions, Schbang adds a note of caution and says while the focus is on well-known influencers, it’s at the micro-influencers level that needs to be more scrutiny. He explains, “As the focus remains on partnering with influencer 'personalities' in the spotlight, a substantial segment of micro and mid-tier regional influencers is susceptible to brands urging them to disseminate inaccuracies. Including smaller creators in the conversation and devising a mechanism for them to comprehend and embrace ethical advertising practices can be achieved similarly to the approach taken by Meta's Born On Instagram initiative — instilling a personalized touch to creators across India, at scale.”

The Right Collaboration

So, what should be the key criteria when selecting influencers for campaigns – Simple, the selected influencers should align well with the brand’s values, goals, and target audience. Also vital is the right audience. Marketers need to ensure that the influencer's audience demographics - age, gender, location, interests, etc.- align with the brand's requirements. Says Ahmed, “Ideally, the brand should evaluate the engagement rate (likes, comments, shares) relative to their follower count, focusing on genuine interaction over sheer volume. Up next is brand compatibility. The influencer's values and content should resonate with the brand’s ethos and messaging. Their content style, quality, and tone should complement the brand’s image. Past campaign performance, professionalism and reliability on part of the influencer, an understanding of marketing regulations, and a willingness to enter into a formal agreement that outlines the expectations, deliverables, and legal obligations - these will all lend weight towards selecting suitable influencers.”

Mulchandani adds, “When selecting influencers, brands should prioritize the following:

 Authenticity - we always prefer working with influencers who have an engagement rate (ER) of 5% and more; Relevance - are they a good match to suit what the brand stands for; Quality base – It’s not the number that counts, it’s the quality of followers and are they in alignment with that of the brands target? A thorough vetting process, including analyzing past collaborations and audience engagement, can minimize the likelihood of encountering issues.”

 However, Agarwal says that brands should take more responsibility when it comes to on-boarding influencers. She says, “There are no safety and standard measures that are being taken right now. It’s moreover about number-checking, focusing on engagement and views and whether the brand tonality matches or not. However, tomorrow if the influencer posts something that is completely against the brand values, there is no way to check that. Brands need to ensure that influencers do not go against their values when they are associated with a brand. This can only be done based on their past work and due diligence by the brand before collaborating with the influencer.”

Experts also caution that some influencers are hesitant to call out collaborations. Gupta says, “It is important to work with the right influencers who will follow guidelines. Some influencers are not willing to write ‘ad’or ‘paid collaborations’ as influencers want the content to look authentic. Influencers also say they organic reach goes down if they mention the content as an collaboration.”

Time For Industry To Come Together  

The need of the hour is for all parties to understand and adhere to ASCI guidelines and relevant regulations regarding influencer partnerships and endorsements. Both the brand custodian and influencers need to stay updated about the legal requirements and ethical standards in influencer marketing. Ahmed says, “It is also important to remind influencers to clearly disclose sponsored content to their audience, using clear and easily understandable language. Also, disclosures should be consistently applied across all platforms and types of content. Since responsibility lies with the brand or advertiser, continuous monitoring of the influencer’s content is imperative, to ensure it aligns with the partnership terms and brand values and to rapidly identify problematic ads. It is also important to address concerns or negative feedback from audiences quickly and openly.”

While a united effort involving brands, marketers, policymakers, and society is crucial to tackle problematic ads, the lack of repercussions needs to be addressed. Ruby says, “The absence of repercussions is a troubling trend that could be rectified. Establishing a collaborative committee comprising representatives from major Indian brands, ASCI, and the CCPA would aid in both the identification of problem makers and enforcement of ethical advertising policies, ensuring that consequences for misleading advertisers are effectively administered.”

What’s needed is continuous education and awareness on advertising standards and regulations for digital marketers, brands, agencies and content creators to ensure compliance and maintain ethical practices. By fostering collaboration among brands, ASCI, influencers, and the public, educating about and meting out effective consequences for unethical practices, the chances of cultivating a responsible advertising ecosystem within our society are likely to increase. This collective effort is critical when it comes to building awareness, encouraging ethical practices, and establishing a culture of responsibility within the digital advertising community.

Key ASCI Guidelines

All advertisements published by social media influencers or their representatives, on such influencers’ accounts must carry a disclosure label that clearly identifies it as an advertisement.

The following criteria must be used to determine if disclosure is required.

• Disclosure is required if there is any material connection between the advertiser and the influencer.
• Material connection isn’t limited to monetary compensation. Disclosure is required if there is anything of value given to mention or talk about the Advertiser’s product or service. For example: If the Advertiser or its Agents gives free or discounted products or service or other perks and then the influencer mentions one of its products or services, a disclosure is needed even if they weren’t specifically asked to talk about that product or service.
• Disclosures are required even if the evaluations are unbiased or fully originated by Influencer, so long as there is a material connection between Advertiser and Influencer.
• If there is no material connection and the influencer is telling people about a product or service they bought and happen to like, that is not considered to be an advertisement and no disclosure is required on such posts.

Disclosure must be upfront and prominent so that it is not missed by an average consumer.

The disclosure must be made in a manner that is well understood by an average consumer

Due Diligence:  The influencers are advised to review and satisfy themselves that the advertiser is in a position to substantiate the claims made in the advertisement