Following Sans Nutrition's appeal against YouTuber Arpit Mangal, the Delhi High Court recently ruled that influencers are allowed to criticize a brand's products as long as their claims are supported by scientific evidence. Creators express their thoughts on how this decision benefits them and enhances their freedom of speech.
Don’t like a product and want to criticise it? You can now do it without it being claimed as defamation, according to the new ruling by the Delhi HC. Influencers have become our go-to for product recommendations, with us taking their word for how good or bad a product is. Considering that impact, a plea was filed by a nutraceutical and healthcare supplements company, Sans Nutrition Private Limited, suing four influencers. Influencers Arpit Mangal, Kabir Grover, Manish Keshwani and Avijit Roy were named in this defamation case for publishing allegedly defamatory reviews for the company’s whey protein products. Following the plea hearing, the Delhi High Court, a bench held by Justice Amit Bansal, ruled that if these claims were backed by proper scientific research, they could not be considered defamatory.
Justice Bansal also mentions how restraining influencers from making comments backed by truth would not only stop the public from receiving information that may be a health concern but this also “fetters on their right to freedom of speech and expression.” According to the rule, influencers will also be allowed to highlight and show brand names while criticizing their products, while backing it up with proper scientific research. Using satire and hyperbole has also been added as an acceptable form of speech under the rule that is designed to protect influencers who are locked in legal battles with large companies.
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The rule became a historic moment for the creator community, laying down more grounds for the influencers to feel protected and heard. As people who earn a living promoting products, while doing their bit to build trust with an audience that believes in their recommendations, the rule will significantly benefit them. Gayathri Iyengar, an influencer who is often seen reviewing products, considers this a huge step towards encouraging more open and honest conversations within the influencer community. “It empowers creators with the freedom to share genuine opinions—even if that means speaking out against products they don't end up liking—without the fear of backlash or repercussions from brands.” Sarah Hussain, backs her up by highlighting how it is a landmark moment for digital creators that will not only empower them but also hold brands accountable without the looming fear of legal intimidation. “When criticism is backed by facts or scientific testing, it shouldn’t be silenced—it should be encouraged. However, we know roasting videos get more views, so I’m hoping the criticism is strictly towards the product’s non-performance based on facts, and not become disrespectful just for getting views.”
The new rule will give influencers more freedom of speech online, however, it may affect their future relationships with brands that wish to collaborate with them. On the positive side, this change could also benefit the audience that follows these influencers. In Gayathri's opinion, there might be some negative repercussions with brands in the short term. "Especially if I’m being honest and not giving opinions they might have hoped for. It will also lead to more transparency in how brands create and promote their products in the long run. I think that honesty builds a much stronger bond with my audience - it shows them that I’m being real, and that kind of trust goes a long way.” Although it may cause brands to become more conscious of whom to reach out to, Gayathri believes that over time, it will also help influencers to attract brands that align with their values, resulting in an overall win. “In hindsight, the long-term benefits of this outweigh short-term disturbances.”
Sarah, on the other hand, knows that there couldn't have been a better way to build trust. "Audiences follow us because they believe we speak honestly. With legal backing, we can now voice our concerns without compromising our credibility or being silenced by legal pressure." She notes how this will allow for brands to evolve in their partnership, turning them more collaborative, ethical and rooted, rather than scripted promotion. Lifestyle creator Hanna Khan thinks that it’s a great move. "It gives creators the confidence to speak honestly, especially when they’ve done their research or tested a product properly. It’s no longer just about playing it safe or promoting everything." For her audience, it’s a positive. "There’s more integrity in what I share, and that only strengthens the relationship I have with them and the trust they place in my opinions.”
While the rule is in favour of the creator economy, this has paved the way for clear communication between all parties concerned - brands, creators and their respective audience. We're hoping that this communication will be built on trust and honesty by allowing influencers to spend time researching the products they promote rather than promoting them blindly. Here's hoping that this creates a safer environment for audiences to be influenced!
What do you think of Delhi HC's new rule? Let us know in the comments below.
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